Can the Court of Appeal Suspend a Trial Order Setting Aside a Local Government Bylaw?
2011-06-03Legal Updates
The question of whether the British Columbia Court of Appeal has the jurisdiction and authority to suspend an order by the B.C. Supreme Court setting aside or quashing local government bylaws pending an appeal has not been expressly answered by the Court of Appeal until just recently.
Read Article
Not for Sale: Banning Commercial Signs
2011-06-03Legal Updates
During every Federal Election, my father is not satisfied with having just an ordinary lawn sign in his front yard. He erects those 4×8 foot signs you see on highways on his front lawn. I’d like to stop that unsightly aesthetic and not just because Dad’s political preferences differ from my own.
Read Article
Local Government’s Duty to Consult with First Nations
2011-06-03Legal Updates
In its 2003 judgment in Haida Nation v. British Columbia (Minister of Forests), the Supreme Court of Canada held that the when the provincial and federal Crown contemplate conduct that may adversely affect aboriginal right or title, they have a duty to consult with first nations. This duty is apart from any statutory requirement, and […]
Read Article
2011-06-03Legal Updates
We’ve had a pretty cold winter so I’m going to hope that our summer will be dry and hot. That’s good because I love to camp… legally that is. For many local governments, a dry hot summer may lead to an increase in unlawful camping. This will require an expansion of municipal services. In B.C. […]
Read Article
Court of Appeal Upholds LGA s.943 Ruling (Sort of!)
2011-06-03Legal Updates
In the Summer 2008 issue, we reported on the B.C. Supreme Court Ruling in 694385 B.C. Ltd. v. Capital Regional District regarding the interpretation of s. 943 of the Local Government Act. In that case the court disagreed with the petitioner’s attempt to argue that the one-year grace period created by s. 943 applied to […]
Read Article
The Far Reach of Freedom of Information to Local Government Subsidiaries
2011-06-03Legal Updates
Local governments that have created corporations to operate their activities have an interest in the outcome of the Office of the Information and Privacy Commissioner for British Columbia (Order F09-08) – Corporation of the Village of Burns Lake, April 30, 2009, where two applicants made requests for information under the B.C. Freedom of Information and […]
Read Article
You Should be A-Waltzing with TILMA Today
2011-06-03Legal Updates
The Trade Investment and Labour Mobility Agreement (“TILMA”), an agreement between the governments of British Columbia and Alberta came into effect on April 1, 2009 for the MASH sector (municipalities, academic institutions, schools and hospitals) in British Columbia.
Read Article
No Defamation Remedy for Local Government
2011-06-03Legal Updates
The law of defamation has recently changed for local government in British Columbia. In 1975, the British Columbia Court of Appeal in the City of Prince George v. British Columbia Television Systems Ltd. held that local government could bring an action for defamation. The Court held that since every incorporated municipality has all the rights […]
Read Article
On the Waterfront – Two Recent Cases Examine the Authority to Regulate the Marine Environment
2011-06-03Legal Updates
The British Columbia courts have recently released two important decisions relating to the constitutional authority of governments to regulate the marine environment. In one of them, Salt Spring Island Local Trust Committee v. B&B Ganges Marina Ltd., 2008 BCCA 544 (“B&B Ganges”), the Court of Appeal examined a local government’s authority to regulate a floating […]
Read Article
The Summer of Discontent: The 2009 Major Industry Tax Revolt
2011-06-03Legal Updates
In the midst of the global recession, which has severely affected the British Columbia economy generally and the economies of resource communities in particular, several communities across British Columbia are facing an unprecedented tax revolt by major industry. In Campbell River, North Cowichan, Port Alberni and Powell River proceedings have been commenced in British Columbia […]
Read Article