It’s not often that everyone wins in court, but—in a way—that’s what happened in the battle over Maligne Lake.
Parks Canada received validation that its actions were neither illegal or unreasonable when it approved Maligne Tours’ conceptual proposal for the development of 15 tent cabins on the lake shore.
And, on the other hand, the Canadian Parks and Wilderness Society (CPAWS) and Jasper Environmental Association (JEA) received assurance that tent cabins can only be developed at the lake if the Minister of Environment and Climate Change amends the park management plan, allowing for the release of land for overnight accommodation outside of the Jasper townsite.
In court, Ecojustice—on behalf of CPAWS and the JEA—hoped to quash the conceptual proposal and any chance it had of moving ahead. It argued that Jasper National Park’s former superintendent lacked the legal authority to approve Maligne Tours’ conceptual proposal, basing its case on the park management plan, which currently prohibits the release of new land for overnight accommodation outside of the townsite.
Ultimately, Russell dismissed the judicial review, pointing out that nowhere in the park management plan does it say the superintendent is prohibited from considering conceptual proposals that contravene the current management plan. He also noted that the superintendent’s approval only allows Maligne Tours to move on to the next stage in the development process—creating detailed design drawings and completing an environmental assessment—it does not give permission to actually put the shovel in the ground and develop the cabins.
Russell also argued that if Parks can only consider proposals that align with the existing plan it would stifle any possibility of progress in national parks.
Obviously the environmental groups didn’t get exactly what they wanted—Brewster Travel Canada, which acquired Maligne Tours last month, can still choose to move forward with the tent cabin proposal—but they did get clarity on what has to happen before tent cabins can be constructed at Maligne Lake.
Russell’s ruling made it clear that they cannot be developed without an amendment to the existing management plan and that amendment can only be made by the federal minister.
If nothing else, that means, before tent cabins can be built, environmental groups will have opportunities to intervene.
