BC Court overturns access to minnie and stoney

[kingblazer84]

what a bunch of horse sh$t

B.C. Court of Appeal overturns groundbreaking 2018 decision granting public access to private lakes - BC News

B.C.’s highest court has overturned a groundbreaking 2018 decision granting public access to private lakes, likening the words of the trial judge to those of an advocate.

www.castanet.net

 

[SpringVelocity]

What a joke this is.

 

[wildmanyeah]

what a gut punch, I thought there was a public road at one point? what happened to that?

 

[wildmanyeah]

"The key item of Willcock’s ruling said the public road at issue does not reach the natural boundary of either lake."

B.C. cattle company wins appeal; ranch entitled to restrict public access to 2 lakes near Merritt | Globalnews.ca

“It is my opinion that (the ranch) is entitled to restrict access to Minnie Lake and Stoney Lake and the club has no statutory or common-law right to cross (ranch) property.”

globalnews.ca

Specifically, Willcock ruled that:

• All lands above the natural boundaries of Stoney Lake and Minnie Lake are privately owned lands;
• There is no right of public access across the property of the Douglas Lake Cattle Company from Stoney Lake Road to Stoney Lake by way of any road, trail, or otherwise;
• There is no right of public access to Minnie Lake other than by way of Wasley Creek from the point where Wasley Creek crosses Stoney Lake Road;
• The public right to fish in Minnie Lake and Stoney Lake is limited to fishing within the natural boundaries of each lake.

Finally, Willcock said “in my view, success in this case is, ultimately, truly divided.”

 

[chromatose007]

Solution: Brian Chan and the FFSBC cuts OFF stocking the swamps. Oh wait, that won't happen either

 

[agentaqua]

****** and stupid for sure. That's a provincial ruling on the Lands Act. I see 3 other potential options or responses:
1/ Get the local FN involved in access/harvesting issues,
2/ Get a canoe and utilize water access - the water column is federal not provincial, and/or
3/ Get a drone with a fishing line/hook.

 

[IronNoggin]

The lawyer for the club is quite confident that they will win a appeal in the Canadian court of appeal.
The process of filing said appeal is already in motion.
This saga is far from over...

 

[dradons]

Really they need to fix the legislation. I see where the judges are coming from even though I don't like the ruling.

 

[RalphH]

The lawyer for the club is quite confident that they will win a appeal in the Canadian court of appeal.

Given they have clients that want to continue the process (and paying fees) the lawyers could hardly be expected to say anything else could they?

 

[IronNoggin]

Pressure on B.C. government to fix trespassing laws that favour U.S. billionaire and other landowners​

"Unlike other jurisdictions, British Columbia does not have public access legislation,' says judge, inspiring outdoors people to call for action.

Environmentalists, lawyers and outdoors groups say B.C. judges have recently made it clear that it’s Victoria’s job to fix illogical laws that allow private property owners to keep anglers and hikers away from publicly owned lakes and rivers because they own the land surrounding the waterways.

“It makes no sense to me that the Crown would retain ownership of the lakes, only for there to be no access because someone owns all the land surrounding the lake,” wrote the judge. “I have been a presider in the superior courts of British Columbia for close to 18 years and I have never felt the need until this case to comment to government … on a circumstance that has come before me with the hope of urging politicians to act.”

Groves called on the B.C. government to revamp the Trespass Act. He told politicians in Victoria there is no point to the province owning lakes, lake beds and fish if public access can’t be regulated. “Consider doing what other jurisdictions have done and guarantee access to this precious resource.”

Douglas Todd: Pressure on B.C. government to fix trespassing laws that favour U.S. billionaire and other landowners

"Unlike other jurisdictions, British Columbia does not have public access legislation,” says judge, inspiring people to call for action.

vancouversun.com

 

[dradons]

Pressure on B.C. government to fix trespassing laws that favour U.S. billionaire and other landowners​

"Unlike other jurisdictions, British Columbia does not have public access legislation,' says judge, inspiring outdoors people to call for action.

Environmentalists, lawyers and outdoors groups say B.C. judges have recently made it clear that it’s Victoria’s job to fix illogical laws that allow private property owners to keep anglers and hikers away from publicly owned lakes and rivers because they own the land surrounding the waterways.

“It makes no sense to me that the Crown would retain ownership of the lakes, only for there to be no access because someone owns all the land surrounding the lake,” wrote the judge. “I have been a presider in the superior courts of British Columbia for close to 18 years and I have never felt the need until this case to comment to government … on a circumstance that has come before me with the hope of urging politicians to act.”

Groves called on the B.C. government to revamp the Trespass Act. He told politicians in Victoria there is no point to the province owning lakes, lake beds and fish if public access can’t be regulated. “Consider doing what other jurisdictions have done and guarantee access to this precious resource.”

Douglas Todd: Pressure on B.C. government to fix trespassing laws that favour U.S. billionaire and other landowners

"Unlike other jurisdictions, British Columbia does not have public access legislation,” says judge, inspiring people to call for action.

vancouversun.com

Yes, this goes to my comments above. They need to fix the gaps in legislation. Hopefully, they get some support to change it.

Although, some people really like to protect "property owners" so will be interesting to see how this goes.

 

[RalphH]

AFAIK Nova Scotia is the only jurisdiction in North America that allows for crossing private property and that only for angling. It does exist in some Europeans countries but in Europe there is little public land remaining and even then right to roam does not allow for angling or hunting. In North America public lands, parks nature preserves are far more common. In the US some 20% of all land surfaces are owned by the Federal Government and available for public access.

 

[IronNoggin]

Fish and game club plans to take Douglas Lake dispute to Supreme Court of Canada​

"The Nicola Valley Fish and Game Club may have lost a recent court battle for public access to Stoney and Minnie Lakes, but that doesn't mean they've given up. The club is hoping to take the case to the Supreme Court of Canada to win a "precedent-setting" case for public access to waterways."

Fish and game club plans to take Douglas Lake dispute to Supreme Court of Canada

"This is not a lawsuit for the benefit of our club. We're all older people and we've voted to leave this world a better place for future generations."

infotel.ca

 

[agentaqua]

Do you know if they will be doing some fundraising for that case, Nog? I'd be happy to chip-in.

 

[RalphH]

The appeal process for SCOC is long and the probability of an appeal even being heard, once a leave to appeal has been submitted is 10% or lower. The SCOC chooses what cases it hears. It has also heard and ruled on a number of Trespass cases in the past.

No matter what the expertise, experience and reputation of a particular legal counsel fact remains whenever a civil case goes to court at least one lawyer's advice to their client is proven wrong, at least in part. Often the advice of of both counsels is found to wrong. BTW I don't think the reasons lakes and other natural bodies of water are public have to do with fish or recreation. It has to do with access to water and who controls it.

 

[IronNoggin]

SCC to decide lake access?​

"Having now had their hopes dashed by BC’s highest court, the NVFGC decided at a meeting of the executive held on March 14 to take their plea to the highest court in the country.

“We’ve decided to pursue the case to the Supreme Court of Appeal of Canada,” said McGowan.

“The bottom line, the huge issue, is that the judge ruled that if the landowner acquires a water license and raises the water over his private property, that property and the water above it is private, so you can’t get to the public part of a public lake, which is bizarre. And that affects thousands and thousands of lakes in British Columbia and Canada, which is really serious,” McGowan continued.

“It’s not a good thing for the people of British Columbia and future generations, it’s basically just a terrible ruling, it’s for the very rich and not taking into concern provincial laws and legislation and/or the people of British Columbia and future generations. It’s basically taking public property and giving it for free to rich people.”

Merritt-area fishing club says it plans to appeal lake access decision to Canada's highest court - Kamloops News

The Nicola Valley Fish and Game Club says it’s hoping to take its case to the Supreme Court of Canada after B.C.’s highest court ruled in favour of an American billionaire looking to keep his Merritt-area fishing lakes private.

www.castanet.net

 

[IronNoggin]

Decades-long battle over 2 B.C. lakes shines light on public access to Crown lands​

In response to a request from CBC, a spokesperson for the B.C. Ministry of Forests, Lands, Natural Resource Operations and Rural Development said it is studying the Minnie and Stoney lakes court decision and considering "all options," including making changes so "British Columbians can further enjoy recreation on public lands."

What he wants to see are easements, or pathways, on contested properties to ensure that the public can access lakes and other wilderness areas that are currently out of reach.

https://www.cbc.ca/news/canada/british-columbia/bc-crown-lands-access-court-battle-1.5987099

 

[RalphH]

this is the route to go for sure though I think it won't happen for Minnie and Stoney while the legal challenge is still underway.

I'd also like to point out that the part "What he wants to see are easements, or pathways, on contested properties to ensure that the public can access lakes and other wilderness areas that are currently out of reach." is attributed to [Rick] McGown in the article.

It would interesting to see if the Merritt Club & DLCC could develop an MOA on such access that would be administered by the club. Just a thought

 

[cohochinook]

As if sport fishing hasn't been kicked in the balls enough!