WATERSHED UPDATE OCTOBER 21ST, 2007
By now most of the Community will have seen the recent articles in the Coast Reporter re: SCRD decision not to appeal the BC Supreme Court ruling on the Local Board of Health order. You may also have seen the SCRD's full-page advertisement entitled “The glass is more than half full”.
While we recognize and respect all of the SCRD's efforts to date to protect our watersheds, we have very serious concerns about the consequences of failing to appeal Judge Butler's decision. As things stand now this decision has negative implications for all communities across B.C. and may have unfortunate implications for public health issues all across Canada.
The most important reason why Judge Butler's decision should be challenged is that the Health Act is misinterpreted (see attached letter from Robin Gage advising respondents to appeal). Butler's view of the Act does not allow a board of health to respond to a situation where a health hazard may develop. The Health Act says a health hazard is "a condition or thing that does or is likely to endanger public health".
There are several other misinterpretations of sections in the Health Act. We also feel strongly that the public needs to know that Judge Butler considered that the Local Board of Health was
- Unreasonable to have accepted public submissions including videos and pictures
- Unreasonable to have considered the history of the watershed
- Unreasonable to have practiced "prudent avoidance"
- Unreasonable to have rejected professional opinion that it knew to be based on false information,
- Unreasonable in questioning the methods of a "professional".
- Etc.
Watershed advocates and concerned citizens will be making a presentation to the SCRD this coming Thursday. Please join us! The strength of our numbers will show that, win or loose, we want to dispute the Butler decision.
As well, on behalf of all BC citizens, we will fight to secure the right of our community, and all communities to protect Community drinking watersheds.
We plan to meet outside the SCRD offices on top of Field Road, Wilson Creek at 7:00pm.
If you are able, please bring any posters or signs that are appropriate to deliver the message to our elected representatives. In addition, please pass on this information to your friends, other members of your family and neighbors. We hope to see as many of you as possible on Thursday evening to demonstrate our resolve in protecting our drinking water.
The SCRD has until November 8th, 2007 to reverse their decision and give Notice of Appeal.
Lets make it happen!
PS: Below find a “suggested” e-mail to send to your SCRD area representative.
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SUGGESTED E-MAIL to SCRD Directors Email Address: mailto:info@scrd.com
Dear (Director's name),
We feel that, win or loose, the SCRD must Appeal the decision by Justice Butler to quash the LHB's Stop Work Order. It is important to use all possible legal measures to ensure the protection of The Chapman and Gray Creek Watershed. This is critical for the Citizens of the Sunshine Coast. Furthermore, when law puts private interest ahead of the public interest in water, the laws must be changed. Vancouver and Victoria have protected their watersheds, so can we. Please reconsider your decision not to appeal!
Thank you
Your Name