Opponents vow to fight after massive Rockies real-estate project wins another court battle

FILE - The Three Sisters loom over homes in Canmore, Alta., Monday, April 24, 2023. (THE CANADIAN PRESS/Jeff McIntosh)

An attempt to reverse the approval of the Three Sisters Mountain Village development in Canmore, Alta., has failed, but opponents are determined to continue their fight.

The project, which could double the population of the mountain town on the edge of Banff National Park in Alberta’s Rocky Mountains, has been the focus of intense debate for decades.

It was first approved in 1992, but has since been through several owners, multiple plans, bankruptcy — and opposition from town councils, residents and the nearby Stoney Nakoda First Nations, including legal battles, threats and lawsuits.

The nations, along with a local group opposed to the project called Bow Valley Engage, filed an application for judicial review of the latest approval last year, calling for a new environmental impact assessment. On March 14, a Calgary judge rejected the group’s application and said the approval was appropriate.

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Lisa Downing, a Canmore resident and member of Bow Valley Engage, said the group voted unanimously on March 27 to file an appeal.

“Obviously we’re very disappointed in the decision of the judge, but we feel that we have grounds to move forward,” she said.

“The reason why we’re doing this is because it’s just ludicrous that an environmental assessment can still be good 33 years later. It just doesn’t make sense.”

The expansion consists of two massive developments, known as the Smith Creek and Three Sisters Village areas structure plans. They cover large sections of land owned by Three Sisters Mountain Village Properties that stretch down the Bow Valley south from downtown Canmore.

Together, the developments will increase the town’s population by up to 15,000 people, depending on the season or day of the week, and extend Canmore far to the south.

Canmore’s current population hovers around 14,000.

Elk, deer, sheep, grizzlies and other animals use the valley to roam east and west and to wander from the protected enclave of Banff National Park and south into Kananaskis Country.

Project opponents argue the development is vastly different from the proposal approved by a provincial board more than 30 years ago and should be re-examined.

That approval, given in 1992, prevents the Town of Canmore from rejecting the project, which it did in 2021 before being forced to reverse its decision two years later after losing a court battle.

The recent ruling found project opponents failed to serve notice of their application for a judicial review to a company directly impacted by the decision — Thunderstone Quarries — which Justice Oliver Ho said was “fatal to the applicants’ application for judicial review.”

Even so, Ho went on to evaluate the arguments for review and determined the approval of the project was reasonable and should be upheld.

Downing said if Bow Valley Engage’s appeal of Ho’s decision is successful, it would be up to the government to determine, again, whether or not to conduct an environmental assessment.

Bill Snow, the director of consultations with the Stoney Nakoda Nations, did not respond to a request for comment by publication time.

Chris Ollenberger, the director of strategy and development for Three Sisters who initially alerted The Narwhal of the decision, did not respond to requests for comment by publication time.

This story is available for use by Canadian Press clients through an agreement with The Narwhal. It was originally published in The Narwhal, a non-profit online magazine that publishes in-depth journalism about the natural world in Canada. Sign up for weekly updates at thenarwhal.ca/newsletter.

Drew Anderson, The Narwhal