A constitutional rights organization is warning the British Columbia government that its decision to close Joffre Lakes Park to the general public for extended periods in order to reserve access for members of two First Nations may violate both provincial law and the Canadian Charter of Rights and Freedoms.The Justice Centre for Constitutional Freedoms (JCCF) announced that lawyers it is funding have sent a legal demand letter to the province calling for the immediate cancellation of planned closures at the popular Sea-to-Sky hiking destination.Earlier this year, the provincial government confirmed that temporary closures of Joffre Lakes Park would continue to allow members of the Lil’wat Nation and N’Quatqua to conduct cultural activities without public access during specified periods.Located about 35 kilometres east of Pemberton along Hwy. 99, Joffre Lakes Park is among British Columbia's most visited provincial parks. Before reservation systems and visitor restrictions were introduced, the park attracted nearly 200,000 visitors annually.The legal letter argues that the closures are inconsistent with the purpose of the Park Act, which states that Class A provincial parks are intended for the "inspiration, use and enjoyment of the public."According to the JCCF, completely excluding the public from the 1,487-hectare park for a total of 31 days during the peak visitor season goes beyond what the legislation permits.The letter also contends that granting exclusive access based on race or ethnic origin violates Sections 6 and 15(1) of the Charter, which guarantee mobility rights and equal protection and equal benefit under the law without discrimination.."The provincial government is obligated to manage parks for the use and enjoyment of the public," said constitutional lawyer Marty Moore."There is no indication that the provincial government took the constitutional rights of the public into account in the decision to exclude the public from the 1487-hectare Joffre Lake Park entirely for 31 days."The Justice Centre is demanding that the province reverse the closures immediately and has warned that legal action could follow if the policy remains in place.The B.C. government has said the closures are intended to support cultural and spiritual practices of the Lil’wat Nation and N’Quatqua in areas that hold significant importance to those communities.
