Waiting Game

It’s funny to me, how juxtaposed Western Forest Products’ (WFP) Duncan Kerr and Capital Regional District Board Chair Geoff Young are regarding the recent announcement by the BC Court of Appeal.  Late Wednesday February 25^th the BC Court of Appeal announced that the CRD has won the right to appeal a December 08 Supreme Court judgment which struck down progressive bylaws in the Juan de Fuca Electoral Area.

 Kerr, is publicly adamant that the court will uphold the original decision, Young very certain it won’t.  Of course this should not be that surprising considering the stake of the game is high.  Both have to put on their game face for a supposed all or nothing gamble.  It’s a waiting game, the CRD has until June 30^th to be heard by the court, and the decision could come anytime after that.  The clincher is it all comes down to the judge; there is obviously no avenue for public comment.

 If the appeal upholds CRD bylaws, WFP will be throwing out its massive subdivision application on the Wild Coast between Otter Point and Jordan River- and will have to start from scratch.  Likely WFP will be forced into genuine consultation with communities because it will have to deal with the down zoning of the lands.

 If the appeal sides with WFP, then the sprawling subdivisions will have all the time in the world to be approved- unless of course WFP gets thrown a curve ball.

 The story of WFP’s provincial government approved Tree Farm Licence deletions (privatization of forest lands on a massive scale including sections of the Wild Coast) were certainly a sweetheart deal from government.  However, because of the persistence of local communities and First Nations, WFP has not been able to run full steam ahead with its plans for urban sprawl and real estate development.   The power of local people continues to be the throwing arm behind these possible curve balls: 

 Curve ball #1:  Use of a MEVA or the Municipalities Enabling and Validating Act.  The CRD has asked the province to step up and create legislature to uphold the bylaws no matter what the courts decide.

 Curve ball #2: The upcoming elections.  The provincial government is well aware that they messed up, people keep letting them know.  An Auditor General Investigative Report goes into 73 pages of detail as to why the TFL deletion was not in the public interest.  Since then, in a TFL deletion in BC’s interior, communities were awarded land and cash compensation for the deletion, as well as a considerable consultation before the deletion occurred.  The provincial government wants this to go away before the election, and has a number of options in taking action to clean things up.  Not least of these is utilizing a section in the land title act to disallow WFPs subdivision application.

 Curve ball#3: The provincial approving officer disapproves WFPs subdivision because he finds it to be against the public interest.  We keep pressing him for a public hearing.

 Curve ball#4:  One bonus of the process of appeal is that it is potentially buying some time for the CRD to get their planning documents in order.  The CRD may have time to put updated Official Community Plans through the public review process for the area.  If these plans obviously clash with WFPs subdivisions (which they no doubt will) this could prevent the current subdivision application.

 Personally, its interesting that Kerr says  he is so confident that the appeal is going to go his way.  If he is so secure, then why has WFP stopped pursing their subdivision plans?   FYI: No further information has been submitted to the approving officer since October 08.