Kelvin Grove Officially Off Limits

[James Bond boat entry]

There are a number of holes in Mr. Akerhielms e-mail, specifically the issue of funding of bylaw enforcement. It is common practice in other jurisdictions to charge a fee for park use to cover reasonable costs, therefore any excuse about a small tax base is unjustifiable.

The issue about parking will be difficult to argue against, however, they don't have much of case concerning a recreational activity that occurs in the ocean and is outside their jurisdiction. Maybe a letter from the federal minister of Fisheries and Oceans is needed to remind the village about the legislative authority concerning the ocean.

If you read the following from a posting on the village's website make note of the words "youthful visitors", to specify a group of people who are identified by age is a clear demonstration of discrimination based on age and contrary to section 8 of the BC Human Right Code [Discrimination in accommodation, service and facility]

Lions Bay Community Online BC Canada - Village Bulletins

"Towing in lower Kelvin Grove is part of a "get tough" policy aimed at calming the problems created by a growing number of youthful visitors from outside Lions Bay who park in the area and walk illegally along the railway tracks to access a cliff jump some way out of the Village. The Village is working with CN and the RCMP to deal with the problems this site creates."

 

[vancouverdiver]

However, there is a difference. At other places such as Porteau, EVERYONE is charged. At Stanley Park, EVERYONE is charged. At Kelvins, only non-residents are charged. That seems inconsistent to me. They are not looking to charge users to maintain the park, but to charge a fee to discourage non residents and of course, specifically targeting scuba divers.

 

[DaleC]

Good work Scott. I'm sure this issue won't be resolved easily but we should at least explore all the avenues available.

I don't know about the parking but I really wonder if they have the power to allow residents to do one activity (dive) but deny non residents the same activity. Particularily when their park is only "passed through" and the activity actually occurs beyond the foreshore (if they even control that)". I'm no lawyer but I think this is the biggest weakness in their bylaw. Enforcement powers regarding their complaints (nudity/urination etc...) are already covered by other sections of the bylaw anyways.

 

[James Bond boat entry]

The parking issue does stink, but for example the City of Vancouver requires a resident parking permit to park a vehicle on the streets in the West End.

 

[paddledive]

In parts of Vancouver, there is a shortage of street parking for residents who have no other place to park but in front of their house. Kelvin Grove is a park which by law, should be open to everyone. The times I have been there, I haven't ever seen a shortage of parking. Sure there are busy days when a parking spot might be hard to find, but Stanley Park also has busy days. I don't see the City of Vancouver passing a bylaw saying that non-Vancouver residents may not use Stanley Park.

 

[paddledive]

Please look through the whole of Division 2 of the Community Charter (Google community charter bc). This section deals with how municipal bylaws must be in complaince with other Provincial and Federal laws and also talks about the limits of jurisdiction.
Just like all laws and acts, there are limits to what is permitted, including what municipalities may or may not do. It's only common sense. The Village of Lions Bay has chosen to only read and quote portions of the Community Charter that are in their favor, but they have turned a blind eye to the portions that regulate their limitations.

 

[paddledive]

Mr Akerhielm and Ms Page,

Please read through the entire Community Charter.

Please, and without delay, amend The Village of Lions Bay bylaws to be in compliance with the entirety of the Community Charter. As with all Federal, Provincial and Municipal law and Acts, there are limitations as to what may or may not be done. The Community Charter was created to permit and regulate the creation of Municipal bylaws, including The Village of Lions Bay.

- Section 8 of the Community Charter allows a municipality to create their own bylaws.

- The whole of Division 2 explains what some of the limitations are regarding the creation of the bylaws including areas of jurisdiction and compliance with other Provincial Acts. All Provincial Acts must be in compliance with all Federal Acts.

- Section 269 of the Community Charter explains that the municipality must arrange for a Provincial Court hearing if a person wishes to dispute a bylaw ticket that has been issued. I know for a fact that this section, has in the past, been completely ignored by The Village of Lions Bay.

Do you think there is a real possibility that this may quickly grow into a class-action lawsuit?

 

[Kwissie]

What we need is a scuba diving lawyer to help us out here. Anyone know one?

 

[paddledive]

To: Mr ****, Squamish, BC
Dear Mr ****

Whoops! This Councillor goofed in using the word "foreshore" in my Lionsbay.net correspondence earlier. I said that a municipality may legislate regarding parking near a beach, and any activity to be carried out within the park, “which includes the section of the beach including the foreshore”. Not correct.

I'm originally from out East. I thought the “foreshore” was the part of the beach above the high water mark - in other words, the portion of the beach that is part of Lions Bay's municipal park. The foreshore, as one correspondent was quick to point out, is the area between the high and low water marks. It is controlled by provincial legislation.

Village legislation can, however, control a) parking, and b) activities in a park, down to the area ABOVE the high water mark. And a Village Councillor should consult her dictionary more often, I guess.

Peach Akerhielm, Councillor
VILLAGE OF LIONS BAY
400 Centre Road
PO Box 141, Lions Bay, BC V0N 2E0
Tell: 604-921-6755
Fax: 604-921-6643 (Village Office)

 

[James Bond boat entry]

The village of Lions Bay has another problem, in their bylaws concerning parks, it stipulates under section 14.1 the minimum fine is $2000.00 to maximum of $10,000.

When you look at the regulations concerning the Community Charter, a bylaw fine cannot exceed $1000.00

http://www.cd.gov.bc.ca/lgd/gov_structure/community_charter/regulation/bylaw_enforcement.htm

What on earth are these people doing out there.