Charter of Rights and Freedoms and the Use of Public Parks – The Battle Shifts to Alberta
May 11, 2011Legal Updates
In the recent decision of the Alberta Court of Queens Bench, R. v. Pawlowski, 2011 ABQB 93, an Alberta Justice sitting on appeal of acquittals on a bylaw prosecution for operating an amplification system in a public park, dismissed an appeal of a conviction under two Calgary bylaws. The appeal Judge found that the bylaw […]
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Judge Orders Substantial Fines For First-Time Tree-Cutting Offender
May 11, 2011Legal Updates
On April 27, 2011, the Honourable Judge Gould of the BC Provincial Court ordered a man who cut down ten trees without permits, to pay the full minimum fine under the City of Nanaimo’s Tree Protection Bylaw for each tree cut. This amounted to $9,000.00. The defendant had cut down trees on his own family’s […]
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Proactive Disclosure of Records
May 11, 2011Legal Updates
Over the past several years Privacy Commissioners across Canada have been recommending that public bodies subject to Freedom of Information legislation, which includes local governments, adopt a system of proactive disclosure. The impetus behind the recommendation is to promote open government and, in part, the inability of some public bodies to meet the timelines required […]
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Ending an Employment Relationship With a Problem Employee
May 11, 2011Labour / Employment Law
Municipal and regional district employees are often the public’s first and only personal point of contact with their local government. These interactions are important as they have an impact on the reputation and accountability of elected officials and local government staff. Like any employer, local governments are not legally required to tolerate a problem employee […]
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Consistency Between an Official Community Plan and Zoning Bylaw
May 4, 2011Legal Updates
On April 18, 2011, the BC Supreme Court delivered its reasons for judgment in Residents and Ratepayers of Central Saanich Society v. Central Saanich (District). This decision builds on the existing case law that addresses the issue of consistency between official community plans (OCP) and zoning bylaws. Section 884(2) of the Local Government Act requires […]
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Reserve Land – Tenures Available to Local Governments – Part 2
April 12, 2011Legal Updates
In the Summer 2010 issue of Logo Law, I reviewed the forms of tenure available to local governments on Indian reserve lands that are subject to the land management provisions of the Indian Act. The purpose of that article was to outline the tenure options for local governments that wish to locate or expand works […]
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E-Communication Privacy Considerations for Local Governments
April 12, 2011Legal Updates
Use of E-communication Tools Local governments wishing to improve communications with their citizens have found technology to be a valuable tool. Information can be disseminated broadly at minimal cost. Email communications and websites can enable a local government to be more transparent. Recognizing these valuable benefits, local governments are beginning to use these tools, for […]
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November 2010 – New Supreme Court Rules – What Everybody In Local Government Needs To Know
November 1, 2010Legal Updates
On July 1, 2010 new rules governing the conduct of litigation in the Supreme Court of British Columbia came into effect. These new rules completely replaced the existing rules which had been effect since 1979. The following are the essential elements of the new rules that everybody in local government needs to know.
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March 2010 – Replacing Units in Mobile Home Parks
March 1, 2010Legal Updates
The law regarding mobile home parks that are non-conforming under current zoning bylaws has just been clarified in Stroshin et al. v. The City of Parksville (“Stroshin”). For some time, it has been unclear whether the occupiers of mobile home spaces in non-conforming mobile home parks could replace their older, smaller mobile homes with newer, […]
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October 1, 2009Legal Updates
The City of Langford commenced a civil action in the Supreme Court of British Columbia against two graffiti vandals for injunctive relief and damages. The first action against a graffiti vandal utilizing the tag “REZ” was settled by way of Court Order while the second will proceed to trial. The key components of this Order […]
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