Pucci v. City of North Vancouver: Be Careful What You Wish For
2011-05-20Legal Updates
A recent decision resulting in a successful challenge to a City of North Vancouver zoning bylaw, Pucci v. North Vancouver (City) 2010 BCSC 743, highlights a possible ground for challenging decisions, even in the absence of having to provide actual reasons. Pucci involved a challenge to a rezoning bylaw that would have had the effect […]
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2011-05-20Legal Updates
On its face, section 49 of the Community Charter provides a powerful tool to municipalities and regional districts to seek humane destruction of vicious dogs in their jurisdictions. However, the Provincial Court of British Columbia has recently indicated that section 49 does not necessarily operate as a reliable tool to keep vicious dogs out of […]
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Allegation That Municipal Official Authorized Unlawful Use is No Defence to Zoning Bylaw Enforcement
2011-05-11Legal Updates
The British Columbia Supreme Court recently reconfirmed that local government enforcement of zoning bylaws cannot be curtailed in circumstances where unlawful use might have been authorized by a municipal official and was, at the very least, known to the municipality at the time the unlawful use commenced.
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Charter of Rights and Freedoms and the Use of Public Parks – The Battle Shifts to Alberta
2011-05-11Legal 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
2011-05-11Legal 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
2011-05-11Legal 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
2011-05-11Labour / 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
2011-05-04Legal 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
2011-04-12Legal 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
2011-04-12Legal 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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