“Volunteer” Firefighter Disqualified From Municipal Office
2012-05-16Legal Updates
The recent BC Supreme Court decision in Baziuk v. Shelley may be causing some concern around the Province for elected officials who serve as “volunteer” firefighters on municipal councils and regional boards. In the Baziuk v. Shelley decision, a council member elected for the Village of Harrison Hot Springs was found to be not qualified […]
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A Balancing Act: Local Government Responses to Civil Protests
2012-05-16Legal Updates
As spring weather returns across the Province, there has been some speculation about the possible resurgence of the “Occupy” movement, and the return of protestors to public spaces. If the Occupy protests resume, how should local governments respond if public, civic spaces are the site of encampments or permanent protests?
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No Duty to Consult with First Nations Before Issuing Development Permits
2012-04-11Legal Updates
In Neskonlith Indian Band v. Salmon Arm (City), 2012 BCSC 499, a decision released April 4, 2012, the Supreme Court of British Columbia held that local governments do not have a legal and constitutional duty to consult with and accommodate First Nations when considering development permit applications, even where the proposed development may adversely affect […]
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Important New Conflict of Interest Case for Elected Officials
2012-03-22Legal Updates
On October 7, 2011, just prior to the November 19, 2011 election, a Petition was filed by 16 Petitioners from Salt Spring Island against one Capital Regional District (“CRD”) Director who was the electoral area Director for Salt Spring Island, and against two Trustees of the Islands Trust (the “Trustees”). The Petitioners sought declarations that […]
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The Consequences of Failure to Consult with and Accommodate First Nations
2012-03-22Legal Updates
The B.C. Supreme Court recently issued a judgment of great importance to local governments, in the field of first nations law. Halalt First Nation v. British Columbia (Minister of Environment), 2011 BCSC 945 (“Halalt”) deals with the duty of the Crown to consult with and accommodate first nations, and the consequences of failing to do […]
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Recent Changes to Freedom of Information and Protection of Privacy Act
2012-03-22Legal Updates
In November of 2011, Bill 3, the Freedom of Information and Protection of Privacy Amendment Act, 2011 became law, resulting in a number of changes to the Freedom of Information and Protection of Privacy Act (the “Act”).
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2012-03-22Legal Updates
This review of the City of Prince Rupert’s decision to refuse to disclose records in relation to a severance agreement may provide some assistance to local governments considering similar issues. In this Order, the Adjudicator considered whether solicitor-client privilege applied to certain documents requested by the applicant, and also considered whether the release of the […]
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The Importance of Liability Waivers in Recreation Programs
2012-03-22Legal Updates
Liability waivers are commonly used in the recreation industry, by commercial and non-commercial operators alike. A common misconception about liability waivers is that they are not enforceable. In fact, liability waivers are enforceable and can protect recreation service providers against claims of negligence, provided they are drafted and used properly. A recent decision of the […]
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2012-03-22Legal Updates
The Court of Appeal has ruled on the question of the standard for determining consistency between Official Community Plans and Zoning Bylaws. The B.C. Supreme Court decision, in which the zoning bylaw was found not to be inconsistent with the Official Community Plan, was discussed in an article in Logo Notebook in the Spring of […]
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Catalyst Appeal Dismissed – 2008 Tax Revolt Ends
2012-01-23Legal Updates
The Supreme Court of Canada (the “SCC”), in a unanimous judgment, has dismissed Catalyst Paper Corporation’s appeal in Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2 (“Catalyst”), thus putting an end to the tax revolt of 2008 that saw Catalyst bring court challenges to a number of municipal property tax bylaws on the […]
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