Excerpt from the Lions Bay "Village Update" Newsletter August 20, 2009
"Bylaw Update!
Peach Akerhielm, Councillor"
"Other Changes to the Parks Bylaw
Diving at Kelvin Grove beach park is now only for residents and their guests; the increased popularity of group diving in
this area had compromised the neighborhoods peace and quiet. And to protect swimmers, motorized boats must stay 200
metres away from any park beach in Lions Bay, except when accessing an anchor buoy, at dead slow speed."
[This is the letter I emailed to CTV, Georgia Straight and the offices of Lion's Bay Council moments ago. Please note: I am not "angry" just puzzled by some Orwellian "Animal Farm" behavior.]
____________________________________________________________
Saturday. August 29th 2009
We drove to Kelvin Grove this afternoon and wandered around this very pleasant park and beach (after parking in one of the five "visitor" spots, certainly not in one of the 20 empty spots marked "residents parking only-others will be towed". ) It is a truly wonderful place: quiet, well maintained, and credit to the community. ( Here I refer to the greater community, not to single out any one exclusive entitled group.)
I observed that there is, in fact, a bathroom/change-room, well out of sight of the houses. There is also a concrete "pad" in front of the bathroom block, where a responsible and well-trained group of divers can safely assemble their gear for a dive, again well out of sight of the residents and offering no obstruction to other park users. I also observed two young men playing in the water with their two off-leash dogs while drinking beer in public. They did not appear to have any diving gear with them: just a cooler full of beer and two dogs. We observed no offenses being committed by divers in any case.
What I did find truly offensive was the sheer volume of bylaw enforcement signs, towing threats, and "residents only" signage. What a blight on the truly wonderful landscape! What a clear "stay out" message this transmits to the world and the local Greater Vancouver community.
I have some questions that I will need to be answered by Ms. Peach Akerhielm, Councillor and Mayor Brenda Broughton.
1. Under what jurisdiction(s) do the ocean, foreshore and park reside? (Genuine question: I am not finding this information generally available. Is it Provincial or National?)
2. Do current laws not already prohibit the acts that the Lions Bay Council seems concerned about? (without prejudice toward any group or select member of the public)
3. Has the council considered hearing from the dive community in the context of one of their meetings, so as to better inform themselves before making such a judgement?
4. I believe that scrutiny of the law and Canadian Charter of rights will reveal that such a bylaw must include all park visitors and residents: therefore if such a bylaw is to stand, NO ONE should be allowed in the park, on the foreshore or in the waters off Lions Bay. In the interests of fairness, this bylaw cannot single out one group of users, that are engaged in a lawful recreational pursuit. ( I am not a lawyer. Just prone to common sense.)
5. Have I missed some pertinent point that would deem the residents of Lions Bay Village more deserving of nature than I or my fellow diving enthusiasts? Please advise.
A note to Lions Bay Council: FYI, I believe I am representative of the kind of person that you will find amongst the divers that visit this and other BC dive sites.
I am a responsible, tax paying, law abiding, Vancouver resident. I took up diving earlier this year. I can't believe it took me this long to discover this fascination with marine life and the ocean environment, particularly as represented in our unspoiled BC waters.
I continue my diving education and certification with a reputable PADI authorized facility, in order to dive safely and responsibly.
I do not drink alcohol in public parks. I do not drink ANY alcohol for at least 12 hours prior to a dive.
I do not urinate or undress in public places. My parents taught me about bathrooms, manners and modesty at an early age.
I do not seek confrontation with my fellow humans for any reason, yet I am dismayed that some choose to confront and discriminate against me without knowing me or having any reasonable cause.
I am, however, ashamed for the Council of the Village of Lion's Bay. Having been involved in a local Council and various civic forums, I have observed how divisive and discriminatory this flawed line of reasoning truly is.
What group will you target next? When empty alcohol containers show up next, cars continue to park, and exuberant youth continues to celebrate on the beach, how will you identify and expel these offenders? By gender? By nationality? Perhaps you will imagine some other commonality (like picnickers...swimmers, or dog owners... or people not born in BC) that can be used to discriminate against a select group.
Will it be OK with you if the residents of English Bay, Jericho Beach or Coal Harbour were to prohibit you from enjoying the wonders of their adjacent public spaces?
Canada embraces all colors, nationalities and religions, yet Lion's Bay Council singles out scuba divers as criminals? I don't understand.
(May I offer this: I too pay taxes in BC/Vancouver and yet have suffered the gross indignity of an occasional loud party in my neighborhood, disrupting my peace and quiet. I have even found the odd empty beer can on my front lawn ! However, being somewhat reasonable and not given to histrionics, I chose not to rally my neighbors to expel the wrongdoers from Dunbar, where I live. I believe these to be isolated occurrences that do not amount to a serious threat to my community or well-being. If I find otherwise, I will inform the police in my area so that peace can be restored, using the laws and means afforded all citizens.)
I am disappointed that I have not yet had the opportunity to experience the beautiful underwater sites and marine life of Lion's Bay. I have been looking forward to it since first hearing about the many fantastic dive sites available in the GVRD and it's waters. I am hoping that reason will prevail, so I may enjoy the nature that compelled my wife and I to choose BC as our home.
respectfully,
mark o.
PADI Open Water Certified
29 dives since Easter '09
( 24 of them in BC waters! )