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Focus Magazine Nov/Dec 2016

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  1. A growing number of British Columbians are pushing the provincial government to tighten rules around killing wolves. FORESTS, LANDS, NATURAL RESOURCE OPERATIONS AND RURAL DEVELOPMENT Minister Katrine Conroy said this month that she is looking at closing “loopholes” in wolf hunting and trapping rules. One of the few certainties is that Conroy will be walking an emotionally-charged tightrope. On one side, defenders of wolves point to the ethics of killing an animal with no intention of eating it. They also note the lack of reliable population figures and regulations that allow uncontrolled wolf hunting and trapping. The wolf’s role as an apex predator that helps maintain balanced ecosystems is also cited as a reason to stop the unregulated killing. On the other, hunters point to dramatically shrinking ungulate populations—caused in large part by logging that has given wolves easy access to prey. (In a rare point of agreement, both primary sides say that habitat protection and restoration is desperately needed.) Photo by Ian McAllister While the websites of legal guide-outfitters show piles of dead wolves in an effort to persuade tourists to take part in “trapline adventures,” wildlife watching businesses and environmental groups say killing BC wolves is scientifically unwarranted and gives the province an international black eye. The debate has become so heated that spokespeople for both sides say they have been subjected to threats of lawsuits or violence. “I get death threats all the time,” said Jesse Zeman, BC Wildlife Federation director or fish and wildlife restoration, adding that there are fringe elements on both sides. Less than two percent of hunters in BC identify as trophy hunters and most hunt because of the chance to spend time outdoors with friends and family and for food, Zeman said. However, according to a study published in Conservation Biology and written by researchers from Raincoast Conservation Society and the Universities of Victoria and Wisconsin, those hunters should be concerned their reputation is being tarnished by trophy hunters. Wolves and other large carnivores are rarely killed and eaten and that does not sit well with many members of the public who see it as gratuitous killing, said one of the study’s authors, Chris Darimont, a wolf researcher, University of Victoria professor and Raincoast Research Chair in Applied Conservation Science. “Large surveys tell us that the public generally show strong support for hunting to feed your family, but not to feed your hunger for status,” said Darimont pointing to the Province’s decision to end the grizzly bear hunt after persistent public pressure. There is certainly not much empirical data on wolves in BC, but, for Darimont, the issue does not revolve around the numbers and whether there is a harvestable surplus. Most opponents of wolf hunting and trapping would continue to be opposed even if the science showed healthy populations, said Darimont. “Why they are really opposed is not over conservation concerns, but rather because hunting an animal not to feed your family, but to feed your ego, grossly misaligns with most people’s values,” Darimont said. No real numbers—or regulations Grief and outrage followed the shooting of Takaya, the lone coastal wolf who for eight years lived on Discovery Island and adjacent islands off Oak Bay. His death put an international spotlight on BC’s wildlife regulations. Takaya, known as Staqeya by the Songhees First Nation, was legally shot by a hunter near Shawnigan Lake in March 2020 after being relocated to the Port Renfrew area by BC conservation officers. No one knew Takaya better than Cheryl Alexander, wildlife photographer, environmental consultant and former environmental studies teacher at the University of Victoria, who studied Takaya for much of his life and wrote the book Takaya: Lone Wolf. A sense of foreboding hung over Alexander after Takaya was relocated. Even though she believed Takaya had never lost his wildness and, like all wolves, was cautious around humans, she anticipated he would die in a trap or from a bullet because of BC’s Wild West attitude towards wolf killing. “I think most people do not understand that we have regulations that allow and even encourage hunters to kill wolves and that there is ostensibly no limit,” she said. “There’s an issue about the scientific management of wolves and the knowledge base and there’s also an issue around ethics and having a free-for-all and deciding to take out all the wolves.” Alexander feels the Province has turned wolf management over to citizens, letting them decide when to shoot or trap wolves rather than making the BC Conservation Service responsible. Alexander wants a moratorium on recreational wolf hunting until population numbers and the role of wolves in regional ecosystems are confirmed. She also wants to see compulsory reporting of wolf kills and a requirement for all hunters to obtain a species licence or tag to hunt or trap wolves. Alexander has recently written an open letter to Premier John Horgan to this effect. If a tag had been required, the Shawnigan Lake hunter may not have killed Takaya, Alexander believes. Vancouver Island and the Lower Mainland have a bag limit of three wolves for anyone holding a basic hunting license, but in some other areas of the province there is no bag limit, no closed season, and no requirement to report wolf kills. British Columbians do not require a tag or special license to kill a wolf and non-residents pay a fee of $50. The lack of regulations makes estimating the number of wolves in the province—alive or killed—little more than a guessing game. Emails from the Ministry of Forests, Lands and Natural Resource Operations, sent to Alexander as she was researching her book, confirm there is no information on the distribution of wolf packs on Vancouver Island and population estimates are “inferred.” The Ministry of Forests, Lands and Natural Resource Operations, responding by email to questions from Focus, said wolf population numbers are not directly monitored, but the numbers killed by hunters, trappers or for government “control efforts” are recorded through hunter surveys. Wolf populations change quickly because of high reproduction and prey availability, said the spokesperson. “Staff know when populations are healthy and we know that, while there are not huge numbers of wolves on Vancouver Island—about 250—we know that the populations are not under any immediate threat,” he wrote. Ministry figures show that the Province itself has killed 1,208 wolves since 2015 in areas where caribou herds are in trouble—even though there is conflicting evidence whether removing wolves noticeably increases ungulate populations. In 2019 there were 695 reported kills by hunters and trappers, down from 939 the previous year—but that’s only the reported kills. On Vancouver Island there were no reported wolf kills in 2019 and 35 the previous year. The lack of scientifically verified information about the province’s wolf packs has convinced more than 71,600 people to sign a petition asking for a moratorium on wolf hunting until population numbers are confirmed. Also, in February 2021, a resolution going to Oak Bay Council calls for recreational wolf hunting on Vancouver Island to be re-examined for scientific and ethical reasons. The resolution underlines the scant information about the size of Vancouver Island’s wolf population and the effects of unrestricted harvesting on habitat and wildlife ecology. If it passes, the resolution will be sent to the Association of Vancouver Island and Coastal Communities and the Union of BC Municipalities Photo by Ian McAllister Indiscriminate killing—but no conservation concerns? Advocates believe the absence of regulation feeds the attitude of hunters such as Victoria resident Jacine Jadresko, who describes herself on social media as the InkedHuntress and posts pictures of herself with animals she has killed, including wolves in Sooke. Jadresko has posted that she is trapping wolves in response to a problem wolf pack threatening pets—believed to be feral cats in East Sooke—and wrote “full pack removal is always the goal.” Two years ago, Steve Isdahl, also from Vancouver Island, posted pictures of rows of dead wolves and, on his Facebook page, appealed to hunters and trappers to join him in killing as many wolves as possible. Isdahl attempted to raise money on-line for snares and traps. Conroy, in an emailed answer to questions from Focus, said most hunters she knows are conservationists who would find such an attitude offensive. “This person [Jadresko] is abusing the hunting regulations just to boost her own profile. We will be working with the BC Wildlife Federation and the BC Trappers Association to change the regulations to close this loophole so this type of behaviour is prevented in the future,” she said. “We’ll work with stakeholders to find a solution that works for everyone.” The idea that government will work with hunting organizations to tweak regulations has alarmed environmental groups. Conroy did not reply when asked which other stakeholders would be consulted. An open letter to Conroy, in February 2021, signed by 26 scientists and organizations, including the BC SPCA, environmental groups and wildlife tourism businesses, asks for a balanced review. “Surely your ministry would not select only two interest groups for consultation—and groups that have a vested interest in killing wolves at that,” says the letter, which also takes issue with a statement made by Conroy to the Globe and Mail, that “wolves breed like rabbits. There are no conservation concerns.” That, states the letter, is a “common fallacy that has long been promoted by hunters, trappers, and some wildlife managers who have failed to take note of the science of ecology.” (An open letter from senior wolf researchers Dr John and Mary Theberge also points out this faulty assumption.) “To the contrary,” the letter states, “we assure you that wolves have been wiped out over a vast area of the United States. They were nearly wiped out historically in parts of southern Canada from early trapping, strychnine poisoning and persecution.” Wayne McCrory, chair of the Valhalla Wilderness Society, which spearheaded the letter, condemned what he calls the indiscriminate killing of wolves. Urging the minister to ensure that “environmental groups, independent conservationists, independent scientists and non-consumptive wildlife viewing tourism businesses have standing equal to hunting and trapping interests in this matter,” the Valhalla letter noted, “hunters, trappers, and their organizations lobby constantly to have large carnivores regularly killed in order to increase ungulate populations, for no other reason than to make it easier for humans to hunt [ungulates themselves].” Lack of deer cited as justification for killing wolves An opposing open letter to Conroy and other cabinet ministers, from the Hunters for BC Interior Chapter-Safari Club International, says too much credence is being given “to the emotions of the anti-hunting movement,” and there is concern that could influence a decision to ban or limit wolf hunting and trapping. The letter, signed by Robin Unrau, president of the organization, accuses anti-hunting advocates of bullying and says that if people do not appreciate “thousands of years of hunting and trapping traditions,” they should not visit social media sites owned by hunters and trappers. For Zeman of the Wildlife Federation, the history of crashing deer populations on Vancouver Island illustrates why wolves must be “harvested.” Old-growth logging means predators move efficiently across the landscape and the deer have nowhere to go, he said. “In the 1960s hunters would have harvested 20,000 to 25,000 deer on Vancouver Island and now we’re down to 3,700,” he said. “That’s an 85 percent decline in deer harvest, so, in terms of food security, that represents red meat for close to 20,000 people on the Island…If we don’t manage wolves, we won’t have any deer,” said Zeman. But without accurate data, how can anyone be sure of this? Zeman admits there is a lack of accurate wildlife statistics because of BC’s scant funding for wildlife management. McCrory noted there is evidence from areas such as Yellowstone National Park that showed the reintroduction of wolves dramatically improved the ecosystem. “There is a lack of recognition that wolves are an arch predator and have evolved with ungulates in the ecosystem to keep it all healthy,” McCrory wrote. Others, like biologist Kyle Artelle, who reviewed 667 management plans for 27 species that are hunted and trapped in Canada and the US in 2018, have observed that it doesn’t make biological sense that if a food source—like deer—is crashing, the predator population would be increasing. He told the Narwhal that anecdotal information on declining deer populations and on increased wolf populations was being used to justify hunting and trapping practices on Vancouver Island and pointed to a study in southeast Alaska that found declining deer populations were the result of logging activities rather than wolf predation. With 16,000 kilometres of logging roads in BC giving access to predators and hunters, there are few places where ungulates can safely birth calves and forage. And, as the Valhalla Society letter noted, “Simply reducing wolf populations can have very negative ripple effects in ecosystems that can extend to wiping out other species.” McCrory also stated that disrupting wolf packs and killing alpha males or females means young wolves are more likely to get into trouble with preying on livestock or heading into populated areas. Regardless of the “loopholes” closed by the BC government, Indigenous rights and practices will likely be respected by all. John Henderson, vice-chairman of Kwakiutl Tribal Council on northern Vancouver Island, said, “There’s so much shortage of food everywhere whether it’s the fishing crisis or the wildlife crisis. [Wolves] are predators that we have protected for a long time, but now it’s time to start managing them.” Surveys have shown that deer populations have dropped from about 13 animals per square kilometre to 0.1 animal, said Henderson. Wolf trapping is now part of the training for young people from the eight nations who are learning the ways of their ancestors. “We train our kids to go out there and they’re actually trapping wolves and skinning them and using them for cultural purposes and that’s positive—what better way to treat a problem,” he said. Ultimately, it is logging and other forms of industrial incursion and urbanization that decimated the ungulates’ ability to forage and maintain healthy populations. But the wolf is, of course, easier to “manage,” especially when there are few rules, at least in settler society. In the letter that Cheryl Alexander wrote to Premier Horgan as founder & executive director of Takaya’s Legacy Project, she noted, “Trappers across BC are ‘encouraged’ to kill wolves, with no limit on the number that may be trapped.” She told of communication with a Vancouver Island trapper in 2019, who told her “he had taken 18 wolves off his single trapline in 2018, and that in the first three months of 2019, he had taken six. As well, sponsored wolf-killing contests in northern and interior BC encourage participants to kill as many wolves as possible, with prizes provided.” For Alexander, the question for people living in interface areas where wolf territory has been disrupted, is how to live with an iconic animal, rather than using traps and guns to wipe them out. “It’s our human responsibility to figure out how we can best live with them near us or around us and most people value that,” she said. McCrory agrees: “We have to reverse this freight train of wolf killing that has been going on in the province. They’re extremely beautiful, iconic animals and many of us who have worked in the Great Bear Rainforests for a long time have come to a deep appreciation of how important they are.” Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  2. More Langford citizens are expressing resentment over City Hall’s modus operandi. THE RAIN PAUSED AND, along a quiet side-street in Langford, residents are venturing out. There are no sidewalks, but a caregiver is pushing a wheelchair towards Veterans Memorial Park and a small dog strains at the leash, pulling a woman down the street. Fairway Avenue, the site of a contentious redevelopment proposal, is the latest Langford neighbourhood to mobilize against what residents see as out-of-scale development. In addition to complaints that two multi-storey towers are being shoe-horned onto a site which held five single homes, there is an undercurrent of concern about lack of council transparency, difficulty in obtaining timely information, and a perception that too much influence is being wielded by developers in the fast-growing city. Location of the proposed development (Image provided by City of Langford) Artists rendering of proposed development (Image provided by City of Langford) Langford has grown to more than 45,000 residents from 18,840 in 2001. The City projects it will have 56,000 residents by 2026, a growth rate of 123 percent within 25 years. In many ways, Fairway Avenue represents the remarkable changes seen in Langford over the last two decades. On one side of the street, single family properties back on to the imposing trees of Royal Colwood Golf Course, but, across the street, properties back on to Goldstream Avenue, which has become a busy, urban artery. Development became inevitable with the Official Community Plan designation of the area as “city centre,” a zone that has no height restrictions (the property still has to be rezoned). Still, residents were horrified when, at an informal meeting last summer with development consultant Mike Wignall, they were told the proposal was for two 12-storey buildings, one fronting on to Goldstream and the other on to Fairway, with all access from Fairway. J. Scott, who has lived on Fairway for 17 years, sprang into action helping form Fairway Neighbours Unite for a Livable Langford, a group that has written countless letters, organized a 246-name petition against the development, contacted the Province about the makeup of committees, and lobbied staff and councillors. By the time the proposal reached Langford’s Planning, Zoning and Affordable Housing Committee on Monday, January 11, the proposal was for a nine-storey and a six-storey building and, by the end of the meeting, developer DB Services, agreed to two six-storey buildings. Scott is grateful for that concession, but said the group will continue to push for four storeys on Fairway. Caller after caller to the phone-in committee meeting voiced concerns and, at the conclusion, Councillor Denise Blackwell, committee chair, said staff will be asked to look at concessions such as a sidewalk along the entire length of Fairway, instead of only in front of the development, and the possibility of an entrance/exit on Goldstream – something Fairway residents are adamant is needed to prevent the quiet street from becoming a busy thoroughfare. “It should not be a life-threatening experience to walk down Fairway Avenue,” Scott said, pointing out that wheelchair-bound residents of The Priory, a complex care centre, frequently use the street, in addition to neighbourhood children and dog-walkers. An additional niggling worry for residents is that the developer, Design Build Services, is the same company that developed Danbrook One, a 90-unit Langford highrise that was evacuated a year ago after being deemed unsafe. However, Blackwell said the fault with Danbrook One lay with the engineer, not the company. “I don’t think it’s appropriate to just say because they built Danbrook One they shouldn’t be allowed to build anything else,” she said in an interview. The Fairway plan will go to council for first reading Monday, January 18 and then to public hearing, but some residents have little faith the changes will be sufficient to stop the neighbourhood being obliterated. Chris Peterson told Focus he had planned to retire on Fairway Avenue, where he has lived for six years, but is now reconsidering. “What can you say about Langford Council—committed to no tree left standing and a concrete jungle of ugly looking condos,” Peterson said. “We understand development will happen and accept that, but, when everything around you is three or four storeys and council says it doesn’t see a problem with a new six or 12-storey building blotting out your access to sunlight or the total loss of privacy at your family dwelling, then it is time to ask what gives,” he said. Like others, Peterson questioned why cumulative impacts are not considered during rezonings and pointed to plans for another large development at the end of Fairway Avenue. But, Blackwell said, as that plan has not yet come to councillors, it could not be part of the discussion. “Developers put in proposals all the time, but that doesn’t mean that what they are proposing is going to be the final product,” she said in an interview. That was little comfort to Peterson. “Council always has time for developers, but, if you are a private citizen, complaining about a proposal, council is quick to let you know they don’t care or your complaint isn’t relevant to the proposal,” he said. Citizens resent being left in the dark—and out of decisions Like others in Langford who have fought the scale or density of developments, the Fairway group has found the major obstacles are obtaining timely information and unearthing what was discussed at meetings. “I got my notice on Thursday afternoon which was three days before the [Planning and Zoning] meeting and you’re supposed to have 10 days,” said Scott, who was then told she needed to have her submission in by the previous day to have it included in the agenda package. Fairway resident Petra Bezna said she received a notice the same day as the meeting. “There are no details and the map of the development on the back of the letter is not very helpful in my opinion.” she said. Scott said the first time the neighbourhood saw the plans was three days before the Monday meeting. “It’s unacceptable, we have been asking to see the plans since last spring,” Scott said. True to form, Langford Council released its agenda package for the upcoming January 18 council meeting late on Friday, January 15. Running to 572 pages, Scott noted that it includes public hearings for no less than five developments, three of which are contentious (e.g. 11- and 12-storey buildings planned for Costin and Carlow)—plus numerous bylaw changes including one to rezone the Goldstream/Fairway properties as “city centre,” allowing for two multi-storey buildings. Scott was dismayed to see that the package still portrays the buildings as six and nine storeys—rather than the two six-storey ones the developer agreed to at the committee meeting . There is simmering resentment at the lack of information and records, apart from bare-bones minutes, and even those are not available until shortly before the next meeting. “They don’t put an agenda up for Monday meetings until 3 pm Friday and then City Hall is closed, so you can’t ask questions,” said a resident of South Langford, where a group is battling for green space and traffic mitigation after finding out about a proposal to put 25 duplex lots on a semi-forested area, with traffic routed through a previously quiet cul-de-sac. A Whimfield Terrace resident, speaking at the Planning and Zoning Committee meeting, said hundreds of Langford residents are frustrated because they feel that, by the time a proposal goes to committee, City staff and developers have worked together and the development is a fait accompli. “People just don’t feel like our voices matter and I would really encourage the planning committee, City staff and council to consider that residents would like to have a say in how their community is being developed—not just the developers,” she said. Blackwell responded that residents’ views are taken into consideration, pointing to the height concessions on Fairway, but acknowledged staff work with developers to hone proposals before they come to committee. “Our staff is very professional and very good and that’s one of the reasons why we pay so much attention to their reports,” she said. Public delegations are usually referred to a standing committee, rather than full council. But Langford’s standing committees do not meet the requirements of the Community Charter, which says standing committees must be made up of a majority of councillors, said Scott, who asked for the Planning and Zoning Committee meeting to be postponed because the discrepancy. Langford’s standing committees have only two councillors and, adding to the discomfort, the makeup of the Planning and Zoning Committee has come under criticism by residents for the preponderance of appointed members associated with the development industry. In an email to Scott, Marie Watmough, Langford manager of legislative services, said, although the committees are referred to as standing committees, they operate as advisory committees, which require only one councillor, and the City is in the process of changing the website references. Lauren Mulholland, spokesperson for the Ministry of Municipal Affairs said the ministry is aware of concerns about committee structure and has contacted Langford staff to offer support. Langford lags on livestreaming and recording meetings At the heart of much of the discontent is the difficulty in obtaining information if someone cannot phone in to committee and council meetings—or wants to refer back to what was said. Unlike most municipalities, Langford does not livestream or tape the awkwardly-timed 5:30 pm meetings, and despite a $4.8-million grant from the provincial COVID Restart Fund to ensure municipalities were able to keep residents informed during the pandemic, Langford voted at an in camera meeting in December to delay debate about live-streaming until this year’s budget discussions. Under growing pressure, Mayor Stew Young, who has led Langford since 1993, agreed earlier this month to ask staff to post audio recordings of council meetings—but, that does not extend to committee meetings. Mulholland said the ministry is aware of citizens’ concerns. “Local governments are required…to make best efforts to keep the public informed and able to participate in their council and board meetings, including committee meetings,” she said in an emailed response to questions. “Local governments must also review or develop a resolution with respect to open and electronic meetings and state how they will continue to meet the principles of openness, transparency and accountability in the current circumstances,” she wrote. Langford’s opaque behaviour exasperates John Treleaven, chair of the Grumpy Taxpayer$ of Greater Victoria. “They are increasingly at odds with what motivated, educated residents and taxpayers expect as a modus operandi,” he said. Treleaven believes it would benefit councillors to livestream meetings and allow the public to see how they balance decisions. “It seems to us that Langford does what it can to make the voice of the community easier to ignore,” he said. And he was appalled that council met in camera to discuss transparency and livestreaming. “How in God’s name can you meet in secret to discuss transparency. To me that’s a red flag that something is fundamentally wrong and it should be called out…There is no institutional memory in a format that is easily accessible to taxpayers,” Treleaven said. Blackwell, who voted in favour of livestreaming, said that she was told the meeting was held in camera because it was a new service. “We did ask the question,” she said. It is strange that Young wants livestreaming to be part of budget discussions given the provincial grant and directives that are clearly geared to access, Treleaven said. “So, you have the money, the need is obvious—be a hero. It’s 2021,” he said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  3. On the eve of renewing aquaculture licences for farms in the Discovery Islands, it seems more of an absolute definite maybe, with a new plan…by 2025. Young wild salmon swim around a salmon farm’s open-net pen in the Discovery Islands (Photo by Tavish Campbell) IN THE POLITICAL WORLD, news releases are carefully crafted to offer leeway for government shifts. The evolution of statements on the future of BC’s salmon farms is a case-study in allowing wiggle room. Last year, during the election campaign, the federal Liberal Party’s campaign literature promised to “work with the Province to develop a responsible plan to transition from open-net pen salmon farming in coastal waters to closed containment systems by 2025.” There was elation among those who had argued for years that fish farms were threatening shrinking stocks of wild salmon because of the transfer of sea lice and diseases from farmed fish, while the salmon farming industry pointed to economic and employment losses, technological problems, and the additional costs of closed containment. Then came the mandate letter issued to Fisheries Minister Bernadette Jordan to “work with the Province of British Columbia and Indigenous communities to create a responsible plan to transition from open net-pen salmon farming in coastal British Columbia waters by 2025.” Hmm—note the disappearance of closed containment systems. In November came an announcement from Fisheries and Oceans Canada (DFO) that “the Government of Canada is committed to developing and delivering a real and concrete solution for transitioning open-net pens in coastal British Columbia waters.” So, what does transitioning mean? And transitioning to what? It is a slippery word, said Aaron Hill, Watershed Watch Salmon Society executive director. “Does it mean you’ll have the farms out by 2025 or you will have a transition plan in place by 2025? We don’t know yet,” he said. And does transitioning mean getting salmon farms out of the ocean? Well, not necessarily right out of the ocean and not necessarily by 2025. Jane Deeks, press secretary for Minister Jordan, said nothing is set in stone and multiple options for transitioning will be considered. “I can’t say what is going to be done by 2025. We’re not going to rush the process. It needs to be done really well and responsibly in a way that takes into consideration all of the factors and jobs at stake,” she said. BC Salmon Farmers Association says salmon farming supports 7,000 direct and indirect jobs in coastal communities and contributes about $1.5-billion annually to the provincial economy. A report commissioned by the Association says that, with clearer government policy, the industry could invest $1.4-billion in technology and infrastructure and create 10,000 new jobs by 2050. Terry Beech, parliamentary secretary to Jordan (and MP for Burnaby-North-Seymour), made it clear at a news conference last month that options now under consideration are wider than moving farms on land and could include “area-based management” that would look at the timing of wild salmon runs and cumulative impacts, as well as looking at new technology. The key must be sustainability, Beech said. That could include hybrid systems such as a semi-closed containment system, now being tested by Cermaq Canada in Clayoquot Sound. The system is fitted with a polymer lining that wraps around the net pen and eliminates lateral contact between wild and farmed fish. Salmon farmers are also looking at increasing the time salmon spend in land-based systems before being transferred to ocean pens. The joint federal-provincial study released earlier this year, State of Salmon Aquaculture Technologies, which will help inform the transition plan, concludes that both land-based pens and hybrid systems are technologies ready for commercial development in BC. Other systems such as floating closed containment systems need more evaluation, it says. Beech acknowledged it is going to be tough to find a balance, but emphasized the need to not simply protect wild salmon, but to restore runs to historic levels. “We know that the long-term success of the economy is completely reliant on the long-term success and health of the environment,” he said. At the same time, almost half the fish consumed by people today comes from aquaculture and aquaculture could be a clear driver of a future blue economy, Beech said. “I am passionate about making our aquaculture sector as sustainable and viable as possible,” he said. Beech will be in charge of consulting with BC First Nations, the aquaculture industry and “environmental stakeholders,” with an interim report going to Jordan this spring, The big test: will Discovery Island fish farm licences be renewed? The Watershed Watch Salmon Society’s Aaron Hill said delaying action for yet another report is frustrating because wild salmon cannot wait: “They’re now just starting the consultation process, which is something they should have gotten going a year ago. The outcome is just going to be a report by next spring and next spring a record low number of small, young wild salmon will have to swim past the usual gauntlet of salmon farms and all the viruses and parasites that they spew out. Another report won’t be much help in getting the lice to stop chewing their faces off,” he said. Fraser River sockeye returns hit a historic low of less than 300,000 fish this year. Fraser River sockeye salmon may be going extinct, judging by 2020’s record low numbers Biologist Alexandra Morton, a tireless advocate for wild salmon, has done extensive research on the effects of sea lice and pathogens spreading from salmon farms and believes Beech understands the impact of the farms and the importance of wild salmon to British Columbians and especially to First Nations. “But this is a difficult situation, particularly in COVID where no job loss can be seen as being promoted by government,” said Morton, who has lobbied strenuously for closed containment. She points out that, in Norway, where most parent companies of BC operators are located, closed containment is now seen as the way to protect the industry. “The sea lice and the viruses are attacking the farm fish [in Norway] so badly, they have to get them out of the water,” she said. Alexandra Morton sampling farm salmon (Photo courtesy Sea Shepherd) Morton also noted that the aquaculture branch within Fisheries and Oceans has considerable influence and seems intent on barrelling ahead to promote and protect the fish farming industry. However, on the political side, there appears to be an understanding that Fraser River sockeye are actually going extinct and action is necessary. The biggest test will come on December 18 when 18 federal aquaculture licences for farms in the Discovery Islands expire. A DFO spokesperson said that, since September, the department has been focusing on consultations about the licence renewal with the seven First Nations with traditional territory in the Discovery Islands. “The outcomes from the consultations will inform the minister’s decision regarding the renewal of aquaculture licences,” she said. Almost one-third of BC’s wild salmon migrate through the Discovery Islands and, in 2012, the Cohen Commission report on declining Fraser River salmon stocks called for the prohibition of Discovery Islands fish farms by September 2020 unless there was proof they posed “only minimum risk of serious harm to the health of migrating Fraser River salmon.” However, in September, DFO concluded the farms presented little risk to Fraser River salmon stocks, even though studies had not looked at the effect of sea lice. The lack of consideration of sea lice drew an outcry from conservation groups and while further consultation with First Nations in the Discovery Islands area was announced, the process came under fire for not including First Nations on the Fraser River who depend on wild salmon. Fish farms should never have been put it such a critical area, said Morton, who is hoping the dramatic drops in wild salmon numbers will help persuade the federal government to cancel the Discovery Islands licences. “But I have learned not to have confidence in anything around salmon, people always seem to cave in,” she said. “Now, the salmon of British Columbia are hanging in the balance.” In September, more than 100 First Nations, wilderness tourism operators and fishing groups demanded that the farms be removed and, in early December, the First Nations Leadership Council called on DFO to fully implement the precautionary principle and revoke the Discovery Island licences. (The precautionary principle recognizes that, in the absence of scientific certainty, conservation measures should be taken if there is a risk of serious harm to the environment or resources.) Chief Dalton Silver, UBCIC fisheries representative, said only between one and four per cent of out-migrating juvenile salmon return to spawn and, with this year’s historic low returns, the returns four years hence are likely to be dire. “We cannot afford to wait any longer. We need to act now and protect and rebuild from what’s left of the remaining salmon stocks,” he said. The other part of the salmon policy equation is the provincial government, which grants tenures and, in 2018, the BC government adopted a policy that, from 2022, the Province will grant tenures only to fish farm operators who have negotiated agreements with the First Nations in whose territory they want to operate. Now, wild salmon advocates are watching to see whether Premier John Horgan’s newly-minted government will put protection of wild salmon at the top of the priority list. The appointment of Fin Donnelly as Parliamentary Secretary for Fisheries and Aquaculture is viewed as an encouraging sign and Donnelly’s mandate letter includes “working with the federal government to develop new strategies to protect and revitalize BC’s wild salmon populations.” That sounds good, said Hill, but, in the past, the NDP government has sometimes shown a regressive approach to wild salmon. “My main question is, will Premier Horgan let him do his job,” he said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith Learn more:
  4. Posted November 24, 2020 Image: New Residuals Treatment Plant at Hartland Landfill Residents worry as Capital Regional District prepares to spread sewage biosolids at Hartland Landfill. Go to story
  5. Residents worry as Capital Regional District prepares to spread sewage biosolids at Hartland Landfill. THERE’S A GUT REACTION to the idea of spreading processed human poop on land, whether to grow bigger trees, better tomatoes, or cap off a landfill. Suspicions remain even after sewage sludge is treated to remove pathogens and pollutants. Following sewage treatment at the Capital Regional District’s new McLoughlin Point Wastewater Plant, “residual solids” in the form of sludge are piped to the new Residuals Treatment Facility at Hartland Landfill. There, the sludge is treated by anaerobic digestion, dried, and turned into Class A biosolids, a granule-like substance, along with biogas which is used onsite. The new Residuals Treatment Facility at Hartland Landfill The CRD has developed a plan to spread the biosolids on about five hectares of the Hartland Landfill, contrary to an earlier commitment to prohibit land application. While CRD staff insist the plan is safe, residents near Hartland are increasingly anxious that, despite treatment, toxins flushed down Greater Victoria’s toilets and drains will blow on to nearby properties—or leach into fields, gardens or wells. Some living in the area of scattered small farms and acreages are worried that chemicals such as flame retardants, PCBs and other hormone disrupters will find their way into the environment. A particular concern is PFAS—per- and polyfluoroalkyl substances found in items ranging from frying pans and rain-jackets to dental floss—known as “forever chemicals” because they are almost indestructible. Hartland Landfill, location of new Residuals Treatment Plant, forested area and surrounding neighbourhood and lakes (click to enlarge). A group of citizens in the vicinity of Hartland formed the Mount Work Coalition. It has condemned the lack of consultation around the reversal of the CRD’s previous ban on spreading treated sewage residual on land. In 2011, the Capital Regional District voted to prohibit spreading such biosolids on land, because of concerns it could contaminate farmland and food with chemicals, heavy metals and pharmaceuticals. Directors reaffirmed that decision in 2013. But earlier this year, with a new $775-million sewage treatment system on the verge of completion, the CRD board, somewhat reluctantly, agreed to partially lift the biosolids ban. The change of heart allows about 700 tonnes of biosolids to be spread on closed areas of Hartland Landfill as a short-term contingency plan starting in 2021. For between four and six weeks a year, the biosolids will be mixed with wood chips and sand and used to fertilize trees and as a dump cover to help capture methane gas, which will reduce greenhouse gas emissions. The rest of the year, biosolids will be trucked to the Lafarge cement plant in Richmond and used as fuel in cement kilns, with the CRD paying the company about a million dollars annually. The plant shuts down for maintenance twice a year, which is when the biosolids will be distributed on land at Hartland. The CRD had planned to simply landfill biosolids while the cement plant was closed, but that proposal was nixed by the Province which told the CRD to find a beneficial use for the product. With provincial grants at risk, the board opted for land application at the dump until a better solution is found—ideally a local “beneficial use” of the product. The current plan was approved by the Province in September, and the CRD is working on a Long-Term Biosolids Strategy, which will require provincial approval by June 2024 and “will include comprehensive public consultation,” said a ministry spokesperson. Hugh Stephens, a Willis Point resident and spokesman for the Mount Work Coalition, scoffs at the idea that the land dispersal is a temporary solution. “Once you spread it, it’s spread. No one is going to get down on their hands and knees and put it back again,” he said, suggesting alternate solutions such as sending the biosolids to a biochar plant in Prince George or using mines or remote areas for disposal. CRD director Mike Hicks, who represents the Willis Point area, voted against the plan to spread biosolids on land. “I don’t support it and I am not alone. I thought we could store it for a couple of months, but I was told it was too explosive to store,” said Hicks who is concerned particles could become airborne. “Absolutely there’s a concern and as the crow flies, Butchart Gardens is totally within striking distance,” he said. Hicks admitted it is difficult to assess which of the scientific studies bear the most weight. “But, I adopt the attitude of ‘why risk it?’” he said. BOTH SIDES POINT TO SCIENTIFIC STUDIES bolstering their viewpoints, and there seems a startling lack of research consensus. For example, a 2016 “Open Letter on the Danger of Biosolids,” from four scientists emphasizes the lack of information about many of the chemical contaminants that remain after sewage treatment. The scientists conclude that the supposed benefits are more than offset by risks to human and environmental health: “An unimaginably large number of chemical and biological contaminants exist in these materials and they persist in the product up to and after land disposal,” says the open letter from Sierra Rayne, John Werring, Richard Honour and Steven Vincent. “Governments are playing Russian roulette with sewage sludge. Over time, there is a high probability this game will be lost at the public’s expense,” they conclude. Their letter was quickly followed by a rebuttal from four Canadian university professors, with backgrounds in biosolids research, who accused the opponents of stoking fear and equating chemicals, at any level, with unacceptable risk. “As any thinking individual knows well, any chemical can be harmful to humans if exposure is high enough; two acetaminophen tablets can cure your headache, but too many taken at once may harm or kill you,” it reads. “The weight of evidence, when examined fairly and from an unbiased perspective, does not support a moratorium on biosolids. It would simply be wasteful to disregard the benefits that can result from responsibly and safely recycling this important resource.” Biosolids are widely used in the United States and the US Environmental Protection Agency has endorsed land dispersal, but, illustrating the ambivalence, the EPA is currently seeking applications from researchers to study “potential risk from pollutants found in biosolids” and to develop standards and policies for biosolids management. Complicating the research, the effect of biosolids spread on land varies with the type of soil, amount of water and concentration. Moreover, jurisdictions have a variety of standards and use different chemicals to treat the sludge. Glenn Harris, CRD senior manager of environmental protection, said land application of biosolids occurs around the world and problems rarely occur. He noted that organizations that have endorsed spreading biosolids on land include the Canadian Council of Ministers of the Environment, the US Environmental Protection Agency, and the European Commission on the Environment. “Globally, they all say that land application is safe if it is done properly,” he said. Stephens of the Mount Work Coalition, however, said, “There are lots of studies to indicate that there’s potential for airborne pollution and it has been shown to be dispersed for up to 25 kilometres,” and notes that the dump is less than a kilometre from Prospect Lake School and from Durrance Lake, a popular recreational area. They also worry about agriculture in the vicinity. Said Stephens. “These residuals get into the soil and there’s all kinds of documented cases of crops grown with polluted soil and how it gets into the food chain.” Stephens said residents also fear that pollutants, ranging from pharmaceuticals and heavy metals to microplastics and dioxins, will get into the water table in an area where most homes rely on well water. Fears were exacerbated in October when a temporary pipe failed and 130,000 litres of sewage sludge leaked from the Residuals Treatment Facility at Hartland Landfill and escaped through a culvert into Mount Work Park. “The CRD says it has a membrane down, so it can’t leak, but that membrane has already leaked several times with leachate coming out and once it gets into the water table it will get into the drainage and then into Tod Creek or Durrance Lake,” said Stephens. As the CRD has not yet started producing biosolids, the exact makeup of the sludge is not known, but decades of monitoring wastewater quality gives a pretty good idea, Harris said. Concentration of most contaminants will be at a negligible level and environmental regulators have concluded that trace concentrations of contaminants such as pharmaceuticals do not pose unacceptable risks, Harris said. UBC engineering professor Dr Don Mavinic, considered one of BC’s top experts on sewage treatment, told Focus in 2016, “The fact is that there really isn’t any effective technology out there in the marketplace yet to deal with these other contaminants [such as pharmaceuticals, caffeine and endocrine disrupters, the latter found in many household and industrial products]. It’s coming, but it isn’t there. This is a very young science…the jury is still out.” Opponents to the CRD plan also point to the Halifax Project study, conducted between 2012 and 2015, that linked cancers to low dose exposure to chemicals in the environment. “There is no such thing as a safe amount of exposure,” says a fact sheet compiled by one of the Coalition members. The CRD’s Harris admitted that metals are not destroyed or degraded through any treatment process. “However,” he said, “given the low levels of metals in our wastewater, the quality of the biosolids produced at the Residual Treatment Facility will more than meet Class A standards.” Harris said ferric chloride will be used as a coagulant for treating the sewage at the wastewater plant (and some will remain in the sludge) and there is no anticipated risk as the material occurs naturally in the Earth’s crust. “We see the benefit of this. We know it is completely safe,” said Harris, emphasizing the practice is widely used around the world, including in BC and other regions of Canada. Land application of biosolids is regulated by the provincial Organic Matter Recycling Regulation and a graph on the Environment Ministry website shows some countries, such as Finland and Sweden, using 100 percent of biosolids for land application. Hartland already has dust suppression measures and anything blowing off site would have such minute concentrations of pharmaceuticals or pollutants that they would be almost undetectable, Harris said. Groundwater traps collect leachate from the dump, which is then collected in ponds and piped back to the McLoughlin Treatment Plant, he said. “We have a pretty extensive monitoring program to ensure nothing goes off site,” said Harris, who believes the opposition comes from a perception of risk versus true risk assessment and risk management. THE MOUNT WORK COALITION has concerns beyond the land application of biosolids, including a proposal to switch trucks heading to the landfill from Hartland Avenue to Willis Point Road and the expansion of the garbage pit at Hartland, which would mean logging and blasting about 30 hectares within the landfill boundaries over the next 80 years. The CRD announced on November 18 that it is developing a new solid waste management plan to reduce how much material is sent to Hartland Landfill and guide how the region’s waste is managed. The Coalition says the proposed expansion plans would remove the last stands of old-growth Douglas fir on the Peninsula, though the CRD describes the area as primarily a young, second-growth Douglas fir forest. “Tree removal will begin in approximately 2030 to prepare this space for future landfilling unless the region significantly reduces its waste per capita rate or new technology for waste management emerges,” Harris said. The tree-removal will be offset by reforestation of closed areas of the landfill to reduce greenhouse gas emissions, he said. The Coalition wants the CRD to look for more innovative solutions. Incineration, gasification and waste reduction should be top of mind, instead of digging a bigger hole, Stephens said. Finally, given the exponential growth of Langford and the Malahat area, the Coalition has urged that a landfill closer to Westshore be considered. For more information, check these relevant websites: https://www.mountworkcoalition.org and https://www.crd.bc.ca/project/biosolids-beneficial-use-strategy . People can view the draft plan of the CRD’s new solid waste management plan at crd.bc.ca/rethinkwaste and provide comment using an online form until January 15. There will be a live-streamed information session on the CRD’s YouTube channel on December 14. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  6. Posted October 12, 2020 Image: Kitchen scraps on the counter Seven years on, Victoria area kitchen scraps are still taking a long, costly journey to compost facilities. Go to story
  7. Seven years on, Victoria area kitchen scraps are still taking a long, costly journey to compost facilities. CHUCK THAT APPLE CORE into the kitchen container designated for organics, take the can outside and tip it into the green bin in time for garbage pickup, feeling satisfied knowing your household food waste is being turned into compost that will help grow more fruit and veggies. The routine is familiar to most Greater Victoria residents who, after 2015 when the Capital Regional District banned kitchen scraps from Hartland Road Landfill, slowly came to see the benefits of separating organic waste. However, in Greater Victoria, that apple core is starting a long, carbon-emissions-full journey. While efforts have been made to bring kitchen scrap processing closer to home, they appear to be years away from fruition. The apple core will first travel to Hartland Road where it is tipped on to a loading station, then trucked up-Island to Fisher Road Recycling at Cobble Hill. While most kitchen scraps are composted on site, when the Fisher Road facility reaches capacity, the remainder is put on a barge to the mainland and trucked to a composting facility in Cache Creek in northern BC. Russ Smith, CRD senior manager of environmental resource management, agrees it is not ideal to have Greater Victoria’s kitchen scraps travelling around the province, but it’s certainly preferable to scraps ending up in the landfill and more realistic than expecting all residents to do their own backyard composting. “It’s the pragmatic middle ground that is better than landfilling, but not as good as the ideal of backyard composting with everyone doing their own—and, of course, you have a lot of multi-family condo dwellers where they don’t have those opportunities,” Smith said. In 2013, there was an ill-fated attempt at local processing when the CRD contracted Foundation Organics to deal with kitchen scraps on a Central Saanich farm. It was forced to pull the operating licence in less than a year after neighbours complained about the smell. Since then progress has crawled along at a snail’s pace. It seems to have taken five years to make the next move towards local processing. In 2018, the CRD invited expressions of interest from proponents wanting to establish a processing facility “within or in close proximity to the Capital Region.” A facility could be built either on two hectares of cleared space at Hartland or on other sites, says the request for initial bids The current system of processing outside the region “requires extensive transportation and is inconsistent with the Region’s long-term objective of managing the kitchen scraps locally to the extent possible,” it says. More than a dozen responses were received, but the shortlist has not yet been compiled. Meanwhile, a new request for proposals for hauling and processing kitchen scraps closes this month with the successful bidder holding the contract until March 2025. That allows the successful bidder on the main contract time to construct a new facility, said Smith, who is expecting a staff report to go to the CRD board next spring. “Even if we get very clear direction in the spring of 2021, by the time the procurement finishes and construction starts you are certainly looking into 2023 and likely into 2024,” he said. A stumbling block is that no decision has yet been made by the CRD board on whether to opt for composting or the more expensive choice of building a biogas plant at Hartland. Biogas is produced when organic matter biodegrades without oxygen. The gas can then be filtered and, if done on a large scale, can be used to generate electricity or refined and fed into the gas grid. The cost of building a biogas plant at Hartland was estimated by CRD staff at between $25- and $40-million, compared to $2- to $8-million for composting. The capital cost could drop to zero if composting was done at a private site owned by one of the bidders. In addition to deciding what kind of technology should be used for kitchen scraps, there’s also the problem of getting municipalities to commit to sending their scraps to a new facility as operators need to know they would receive sufficient material Currently the CRD sends about 12,000 tonnes a year to Cobble Hill, but Victoria and Saanich have separate contracts with Fisher Road Recycling. Victoria collected about 2,000 tonnes of food scraps through its green bin program in 2019 and is expecting to collect more this year because of 25 zero waste stations installed around the downtown core and in City parks. City staff “continue to work closely with CRD staff on regional solid waste management initiatives,” said an emailed statement from the city. Saanich is the only local municipality to accept yard trimmings in the organics cart and collects between 8,000 and 9,000 tonnes annually. About 30 percent of that is food waste and the mix with garden waste provides the ideal carbon and nitrogen mix to make top-grade compost, said Jason Adams, Saanich operations supervisor. Adams, who has an extensive background in recycling, wants to see the CRD get on with a decision. “They just need to build it and get on with it and the tonnage will follow,” said Adams, who would like to see a model based on economics, rather than subsidies, and is hoping the CRD avoids an “over-engineered” system. One advantage of the many delays has been that the technology of composting has evolved over recent years, Adams said. Technology is a cause close to the heart of Peter Brown, a member of Malahat Organics, a consortium which made a bid to the CRD in 2018 proposing a rotary composter, meaning the material is contained inside a large drum—a method that controls odours and dust. “You put the kitchen scraps in one end and this thing very, very slowly rotates and it comes out the other end about seven days later and you have got beautiful compost. We’ve got an absolutely crackerjack proposal for the CRD and it would cost them nothing,” said Brown, who is puzzled by the delays. Example of a large rotary composter used to create compost from kitchen scraps The proposal envisages the facility being set up on Malahat Nation land, which is zoned light industrial. The CRD would pay a tipping price, which would be less than they are currently paying and the operators would require a guaranteed amount of tonnage each year. At the end of the contract, the facility would be transferred to the region at no cost. Hartland currently accepts kitchen scraps at $120 per tonne, but it costs the CRD about $145 a tonne for the composting. It is frustrating that it has taken so long to consider the proposals and, in the meantime, between the discrepancy in costs and trucking some of the scraps off-Island it is costing the region money, Brown said. “Isn’t it crazy?…It’s our money that’s going out into the wind and, in the last few years since we submitted our proposal, you could have had the plant operating right here,” he said. Brown fears that CRD staff are slanting recommendations towards biogas rather than composting even though a biogas plant is expensive and will take up a large chunk of land at Hartland. “Compost is a wonderful thing if it’s done properly like with these rotary composters that give you the very best quality compost. It’s valuable, not something to be sent away,” he said. Highland councillors Gord and Ann Baird also fear that there is a tilt towards biogas in staff reports and last year, in separate presentations to a CRD committee, both questioned why the Hartland site is apparently already being prepared for biogas. “The pathway towards more biogas production goes contrary to eliminating hydrocarbons as a fuel source as laid out in IPCC reports and the Climate Emergency declarations,” said Gord Baird, who is running for the BC Green Party in Langford-Juan de Fuca. There is no social licence for the old methods of composting, with all its shortcomings, but there is a social licence for new methods with no odour, no dust and no access to vermin, said Baird, who calculated that the value of finished compost, sold at $50 a tonne, would far exceed the value of biogas produced by anaerobic digestion. Jutta Gutberlet, University of Victoria professor in the Department of Geography, agrees that compost is a valuable resource and believes the ideal solution would be decentralized composting centres, which would eliminate the problem of greenhouse gas emissions from transportation. “This could relatively easily be done with community gardens,” said Gutberlet, a director of the Community-based Research Laboratory.More space is being provided around Victoria for community gardens and the compost could be used on site, Gutberlet said. “They would not just produce organic composts, but they could become centres where people meet—centres of community, which is something we also need in our neighbourhoods,” she said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  8. Posted September 30, 2020 Photo: Founder of the Creating Homefulness Society, Richard Leblanc, at Woodwynn Farm in 2017. Despite the homelessness and opioid crises, BC Housing has failed to employ Woodwynn Farm during its 2 years of ownership. Go to story
  9. Despite the homelessness and opioid crises, BC Housing has failed to employ Woodwynn Farm during its 2 years of ownership. THE ROLLING MEADOWS and picturesque barns of Woodwynn Farm on West Saanich Road remain in a serene time-warp. There’s no outward sign of activity despite a two-year-old pledge by the provincial government to establish a therapeutic recovery community on the 193-acre site. While the acrimonious Central Saanich controversy that divided the community and occupied countless hours of council time has faded to a whisper, simultaneously, the opioid crisis has tightened its grip on the province. In July a near record-breaking 175 deaths occurred with calls for more treatment beds and options beyond detox for those struggling to remove themselves from an increasingly toxic supply of street drugs. In the past 6 months, overdose deaths have numbered 750, while those from COVID-19 hover just over 200. So, especially during the COVID-19 pandemic, with reduced treatment options and escalating homelessness problems, what has happened to the promise to turn the historic Woodwynn property into a therapeutic recovery community? Richard Leblanc, founder of the Creating Homefulness Society, at Woodwynn Farm in 2017. Selina Robinson, Minister of Municipal Affairs and Housing, said, at the time of the purchase in July 2018, that the farm would provide a therapeutic environment for people experiencing mental health challenges and substance-use issues. “The purchase of Woodwynn Farm means we can provide more services for people living in supportive housing who will benefit from access to extended therapeutic care,” she said. Fast-forward to 2020 and a ministry spokesperson told Focus that planning for the site is on hold until discussions are held with Tsartlip First Nation and Ministry of Indigenous Relations. “The Tsartlip First Nation expressed interest in being part of the discussions around the use of the land and the Province recognizes the importance of Woodwynn Farms to the Nation,” the spokesperson wrote in an emailed statement. Tsartlip Chief Don Tom did not return calls from Focus. In the meantime, BC Housing has completed $160,000 of renovations, including new roofs and demolition of the pig barn, according to the ministry. The Province budgeted $6.9 million to buy the farm, with $5.8-million going to the purchase price and $1.1-million for renovations, fees and consulting costs. The Province bought the 78-hectare property from the Creating Homefulness Society, which was mired in debt after trying in vain to persuade Central Saanich Council and BC’s Agricultural Land Commission (ALC) to allow on-site housing for 40 residents who would work as temporary farm hands while receiving addiction treatment. The society’s original plans called for 98 people to be housed at the farm, but, between neighbourhood and council opposition and ALR regulations that stipulate any housing must be necessary for farm use, the idea foundered. The Province skirted the housing problem by saying there would be no housing on site, but BC Housing would be working with Central Saanich and regional housing providers “to make this opportunity available to supportive housing tenants” (i.e. people living elsewhere). At that time, Our Place expressed interest in helping operate a therapeutic recovery community, but has received no recent information about provincial plans, said Grant McKenzie, Our Place communications director. McKenzie expressed skepticism about the project’s success. “Unless you are allowed to build some housing on that property to house people in therapeutic recovery and farming the land, not much is going to happen with it,” predicted McKenzie. The property would be useful, but busing people in would not be successful, he said. “I would say it’s probably a non-starter because [council and the ALC] would oppose it…The neighbours don’t want to see homelessness existing,” he said. Richard Leblanc, founder of the Creating Homefulness Society, no longer has any input into the future of Woodwynn, but, as the overdose death toll rises, he believes a properly run therapeutic recovery centre could be saving lives. The power and strength of a therapeutic community program at Woodwynn should be helping those who are struggling, he said. “It should be helping people deal with the root causes, rather than shuffling people around,” Leblanc added. However, there is no obvious solution to the remaining impasse over housing. Echoing McKenzie, Leblanc believes people should be living on site for an extended length of time and it is not realistic to bus people in. “The odds of a person showing up the second or third day in a row are almost zero,” he said, adding that people need to see rehabilitation successes among their peers to give them a sense of hope and the impetus to make changes. It is a wasted opportunity on so many levels, Leblanc said sadly. *December 18 UPDATE: The BC government has turned over the Woodwynn Farm property to the Tsartlip First Nation which once harvested medicines and hunted in its former cedar forest. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  10. Pipeline opponents continue the battle from treetops and in insurance company boardrooms. LEGAL CHALLENGES to the Trans Mountain pipeline are at a standstill, following the July Supreme Court of Canada dismissal of an appeal by several First Nations. However, opponents vow the battle is not over and are mustering supporters to continue fighting as construction nears some of the most controversial portions of the route. Years of protests and legal skirmishes were instrumental in Kinder Morgan developing cold feet and pulling out of the project in 2018. The Trudeau government then stepped in and bought the pipeline, which, when the expansion is completed, will almost triple the amount of diluted bitumen that can be carried from Alberta’s oilsands to a marine terminal in Burnaby. Costs of twinning the existing pipeline are escalating and are now estimated at $12.6 billion, on top of the $4.5 billion purchase price paid by the federal government. As budgets dive deeply into the red while governments struggle to pay for COVID-19 relief, some groups are pushing for the government to abandon Trans Mountain. “Canadians don’t want to see their hard-earned tax dollars wasted on a white elephant. It’s time to change course while we still can and invest those billions in clean, sustainable economic recovery projects,” according to Dogwood, which is running a letter writing campaign aimed at federal politicians. Pipe installation began in Alberta last year and Trans Mountain officials have said they expect construction to be underway along every section of the route by the end of this year. That is a plan that opponents are determined to derail. Tim Takaro, 63, a former Vancouver doctor and health sciences and environmental health professor at Simon Fraser University, is staging a treetop camp-in on an aerial sleeping platform in the cottonwood trees close to the Brunette River on the Burnaby/New Westminster border. Tim Takaro’s treetop sleeping platform Activists say the project calls for the trees to be felled before September 15. Takaro, with the help of supporters on the ground who provide supplies and who, if necessary, will take over the sit-in, says he will do anything necessary to delay the construction because he is convinced the pipeline must not be built. “We are in a climate emergency. This emergency is even more dire, in fact, than the COVID-19 pandemic that we have been so responsive to,” 63-year-old Takaro said in a video. “We need renewable energy and an energy supply that is not planet-destroying as our current fossil energy supply is,” he said. Reports detailing the climate-killing effects of the pipeline have not been addressed by the National Energy Board, Takaro added. “So, I now find myself in a tree, 25 metres off the ground, blocking construction.” Tim Takaro Will George, a member of the Tseil-Waututh Nation and the group Protect the Inlet, is among Takaro’s supporters. “We, at Protect the Inlet, will support anyone willing to do direct action, as our window gets smaller and smaller to stop the construction of the pipeline that, if completed, will increase tanker traffic through our waters by 700 percent,” he said. Tanker traffic increases in sensitive areas of the Salish Sea and its effect on endangered resident killer whales have been among the most visceral objections to the pipeline by British Columbians. Sven Biggs, Stand.earth Canadian oil and gas programs director, in an appeal for donations, said a construction delay could halt the work for an entire season because crews have only a few weeks to drill close to the Brunette River before salmon spawning season. The river supports chum and coho salmon and the endangered Nooksack dace. “The Department of Fisheries and Oceans has ruled that Trans Mountain must complete this work in what is known as a ‘window of least risk to fish’ which runs between August 1 and September 7,” Biggs said in an email. “A whole host of strategies could delay construction past the September 7 deadline,” he said. Meanwhile, a coalition of groups is calling on companies to stop insuring the pipeline because of Indigenous rights violations and its contribution to climate change. It is a tactic that is already having some success. Zurich, one of the pipeline’s main insurers, is dropping out and several other companies have signalled that they are having second thoughts about backing major fossil fuel projects. A letter signed by 140 organizations was sent this month to major insurers such as Lloyds, Liberty Mutual, Chubb and AIG, calling on them to drop their coverage of Trans Mountain. “Trans Mountain puts Indigenous communities, drinking water and our shared climate at grave risk. We urge you to rule out insuring Trans Mountain and exit the tar sands entirely,” the letter says. Grand Chief Stewart Phillip, Union of B.C. Indian Chiefs president, said in a news release that companies insuring Trans Mountain are accelerating climate change and violating Indigenous rights. “Now is not the time to finance a huge expansion of some of the world’s dirtiest oil. The pipeline does not have the Free, Prior and Informed Consent of all Indigenous communities across whose land this pipeline passes,” he said. A Trans Mountain spokesman said the decision by Zurich not to renew was anticipated and changes in insurance companies are a common occurrence. “There remains adequate capacity in the market to meet Trans Mountain’s insurance needs and our renewal,” she said. However, as the world slowly transitions away from fossil fuels and awareness of Indigenous rights takes root, opposition to the pipeline may be enough to send shivers of doubt through the boardrooms of major insurance companies. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  11. Posted July 2, 2020 Some Metchosin residents feel plagued by neighbours who use their properties as dumping grounds for construction waste—and a council that takes little action. Go to story
  12. Some rural residents feel plagued by neighbours who use their properties as dumping grounds for construction waste—and a council that takes little action. DAY AFTER DAY, for almost a decade, dump trucks have rolled onto a rural property in Metchosin to drop off piles of fill, changing the topography and driving copious complaints from neighbours exasperated by the industrial intrusion. Now, next door neighbour Jo-Anne Cote is hoping that, instead of trying to survive another summer of noise and dust, an order from the Agricultural Land Commission (ALR) to stop the fill dumping will offer respite. Cote said enjoyment of the acreage where she and her husband have lived for 34 years has been marred by activities at the neighbouring Sooke Road property—which she describes as “Mordor,” the volcanic plain from The Lord of the Rings. “It’s a dust bowl,” Cote said, describing how problems started when all the trees and shrubs were removed, ostensibly to build an airstrip to help with a farm operation about 10 years ago. Satellite image of the Cosburn property in Metchosin An application by owner Stan Cosburn then morphed into a plan for a turf farm. In 2011 the Agricultural Land Commission and District of Metchosin granted permits to dump fill on 2.7 hectares within the Agricultural Land Reserve and 3.6 hectares outside the ALR to improve farming capability. As construction in neighbouring Langford heated up, the trucks started arriving. But over the years, there has been no sign of a turf farm. “I finally came to the snapping point a year or so ago,” said Cote. “The noise was driving me insane all summer long…all you are hearing is heavy equipment and dump trucks and the beep-beep-beep of reversing vehicles and the squeaky bulldozer.” She was frustrated by the apparent lack of action despite numerous complaints. The 2011 turf farm notice-of-intent permit, which allowed the filling, expired July 2019 and, after Cosburn requested an extension and submitted a business plan, ALC staff visited the site in March. “There is no turf farm there now and they were still filling,” said Avtar Sundher, ALC director of operations. “The request for an extension was declined on April 9 this year and we told them to cease all fill activities on the ALR portion of the property and then to reclaim the site with a reclamation plan by a professional agrologist,” he said. The remediation plan must be submitted by July 31, and, if the plan is approved, work must be underway by October 31, said Sundher. Meanwhile, the municipality of Metchosin is looking at fitting the non-ALR portion of Cosburn’s property into the remediation plans so the entire area can be topped off with soil. Cosburn could not be contacted, but his application to the ALC describes the fill as “clean mineral soil and suitable organic matter” and, according to the municipality, he has abided by regulations. Since 2011 plans for the turf farm have been overseen by Madrone Environmental Services Ltd, a company hired by Cosburn. Soil deposit regulations have changed over the last two years as Metchosin, in common with other municipalities close to areas of rampant development, has tried to control amounts of fill—which usually consists of stumps, rocks and other material removed for building sites. “We are trying to tighten up our bylaws to negate some of the issues we have had in the past. We have had a lot of illegal dumping in general, but we have been trying to put the brakes on it,” said Councillor Sharie Epp. Construction waste, which can include material such as drywall, nails, asbestos or wiring is supposed to be taken to Hartland Landfill, but Metchosin residents fear it is sometimes ending up in unregulated dumps running under the radar. Adding to the suspicion that construction companies do not always follow the rules, piles of garbage bags of construction waste, which tested positive for asbestos, were dumped around the municipality earlier this year, leaving Metchosin on the hook for $5,000 in clean-up costs. Recently Metchosin changed the bylaw that used to allow each property owner to bring in 2,000 cubic metres of fill (soil, gravel, rock, sand), reducing it to a maximum of 250 cubic metres a year or 500 cubic metres on larger properties, and all requests for large deposits must go through council. Eighty cubic meters of fill can still be brought in without a permit if it’s not in the ALR or other sensitive areas. There are also fees attached. A deposit of 250 cubic metre of clean fill would cost $525. However, Metchosin is a small municipality with limited staff. Like other small municipalities, its bylaw services are complaint driven and contracted to the Capital Regional District. With many large properties hidden from view, getting a grip on dumping is a game of whack-a-mole and some Metchosin residents believe the District has become a convenient place to dispose of development debris cheaply. The ALC order is a small victory for neighbours of the Sooke Road property, but some say it represents only the tip of a fill-dumping iceberg. Friction between those who live in Metchosin because of the green, rural environment and “free-thinkers” who want to live in an area where they believe they can do whatever they want on their own property is at the root of much of the conflict that ends up on the desks of Metchosin councillors. Nicole Shukin, a member of metchosinH2O, an “adhoc, but very active, group of environmentally-minded citizens,” said council seems reluctant to act, even when faced with evidence of illegal activities. “Residents who’ve been submitting formal complaints about illegal dumping have seriously lost confidence in our district’s willingness or ability to enforce its bylaws in a manner that would deter, rather than enable, large-scale and ongoing violations,” she said. Shukin described a shadow industry forcing the rural community to deal with unauthorized clearcutting, trucks using roads not designed for industrial use, and fears that wells and aquifers are being contaminated by construction waste that has not been inspected to ensure it is clean fill. “Literally mountains are being blasted to bits in Langford and it needs to go somewhere and it seems to be filling up the gullies and lowlands in many areas of Metchosin,” Shukin said. Ken Farquharson, vice-president of the Association for the Protection of Rural Metchosin noted that one problem is that the dumping will sometimes go on for years before council acts and the changed landscape is then accepted as un fait accompli. Councillor Andy MacKinnon, a biologist and forest ecologist, said council is addressing complaints, “but not to the satisfaction of residents.” Much of the action is in camera, he explained, because the problems deal with specific individuals and property issues. “But I do share the frustration of a lot of the residents in terms of what can be done in some of these situations. Rewriting the bylaws was an attempt to make it simpler to monitor and prosecute, but most of the infractions that have raised people’s ire are with people who simply pay no heed to the bylaws whatsoever,” MacKinnon said. Prosecutions, he noted, apart from the cost, require an extremely high standard of proof. “You can write better bylaws and, if people follow them you will get better practice, but if people pay no heed, it doesn’t matter whether your bylaws are good or not; it becomes difficult and expensive and uncertain to enforce,” he said. Shukin is a resident of La Bonne Road where neighbours complained for eight years about dumping on a property on Ash Mountain that is now the subject of legal action by the District. Private property on La Bonne Road on which fill has been dumped The La Bonne Road Residents Group, in a synopsis of complaints lodged with council between 2012 and 2016, list problems from illegal tree-cutting and unauthorized construction of greenhouses, to the dumping of “an estimated 10,000 cubic metres of soil mixed with construction debris, garbage, drywall.” In 2018, after the dumping on the property was halted, the gully was covered with boulders, and the municipality conducted soil testing on the property because of concerns by nearby residents that the aquifer and wells had been contaminated. Due to legal proceedings, however, lawyers say the results cannot be released. Legally, if tests revealed environmental concerns or health threats to nearby residents, they would have to be informed, said a spokesperson. Accepting fill can be lucrative for landowners who want to fill in gullies or flatten hills, with prices to dump clean fill ranging from $5 to $7 per cubic yard. And if property owners are willing to accept under-the-table demolition material, the savings on dump fees are substantial. A 2019 study conducted for Vancity found a dump truck load of mixed construction waste can cost between $1,100 and $1,400 to dispose of legally, but that some property owners are accepting loads for a $200 payment “despite the threat of fines that can reach as high as $10,000.” Mayor John Ranns said the concerns of some vocal residents do not reflect the current reality and bylaw changes mean there are now fewer problems with soil dumping—both legal and illegal—than in previous years. “It’s very frustrating. We do have illegal dumping, but not much. We have made numerous revisions to the soil deposit bylaw and, at the moment, it’s pretty much being adhered to,” he said. “There isn’t anything contaminated. It all has to be checked and verified now by qualified professionals. It has to meet proper profiles and we have to see the weighbill,” he said. Also, some property owners have created good farmland because soil has been brought in to fill gullies and top off rough forestland, added Ranns. “It’s not that all soil deposits are bad, it is just that there have been one or two people that have taken advantage of it,” he said. The issue could surface again over a 50-hectare Sooke Road property where an application last year for a soil recycling facility for up to 15,000 cubic metres of soil brought opposing residents out in force. The application for a Temporary Use Permit has been dropped, but, if the idea is resurrected, Ranns anticipates that residents could be asked to consider amenities, such as potential parkland with a soil recycling plant, versus private 10-acre lots. The property had a history of illegal dumping and, in 2016, a large fire was set in an effort to clean up the mess. That means a lot of suspicion has been generated, Ranns admitted, but the proponent, Brian Baker of Tri-X Excavating, has pointed out that material now coming onto the property is clean fill and it would be a waste to landfill it. “He’s going to be applying for industrial zoning on this property. He wants to do things legally,” said Ranns. “You can run it through a screener and then resell it. To me soil recycling is something that is quite badly needed in this region,” he said. Which comes back to how developers deal with rubble and soil from building sites—a question the ALC frequently faces near high development areas like Langford. “When you look at all the development in the area, digging into the ground for basements, there is all that dirt,” Sundher of the ALC said; “Wherever there is construction, especially residential or high rise buildings, there’s a big hole that is excavated and all that soil needs to go somewhere.” Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  13. January 2015 Residents are concerned about possible bias and the sacrifice of green space as Langford continues housing push. “ONE DAY A FOREST, the next day a clearcut,” shrugged a Costco shopper, staring at a denuded patch that seemed to have appeared overnight above Langford’s big-box stores. The 20-hectare patch, slated for a mixed commercial and residential development, went through the usual processes at Langford City Council—including a public hearing—but for many it is hard to keep up with the breakneck pace of development in one of BC’s fastest-growing cities. New housing has transformed landscapes, from sprawling rural to small-lot urban, in areas such as Happy Valley and Latoria Roads. There is no sign of a slowdown, despite growing discomfort that the unremitting push to build housing means the loss of natural landscapes. Those concerns are exacerbated by suspicions that developers are controlling the agenda to the detriment of those pleading for larger lots and retention of contiguous green space. A new development in south Langford Langford’s Official Community Plan calls for 40 percent open space on previously undeveloped land. But wiggle room allows open space to drop to 25 percent if there is a significant community benefit, such as affordable housing or a school site. Critics say those requirements are often waived, or green space is divided into fragments, with playing fields or recreation facilities making up much of the mix, as opposed to more natural parkland. “They [council] often don’t follow their own requirements. They constantly make exceptions for…the benefit of the developer, not for the natural resource,” said South Langford resident Mike Turner. The “clearcut-blast-build” formula, followed by promises to plant saplings, cannot replace the loss of critical and endangered habitats, said a member of Citizens of South Langford for Sustainable Development, one of the recently formed groups asking for a more environmentally and socially sustainable approach to development. “Langford development requirements do not need to undermine the integrity of our natural ecosystem; instead, they should complement each other,” said Tim Allan, a member of the group. “The community has made it clear that preserving natural parkland is important…Council and developers need to hoist in that message, keep the lines of communication open with the community, and more deliberately integrate natural parkland into their planning,” he said. Langford incorporated in 1992 and the City’s aggressive push to provide housing has taken the population from 18,000 in 1996 to more than 40,000 today. Mayor Stew Young, who has been in charge since 1993, proudly proclaims Langford’s come-hither approach to developers, saying reducing red tape and delivering fast approvals remains one of council’s highest priorities. Langford is renowned for completing rezoning applications in six months, minimizing the time that developers are left in limbo holding expensive land, which helps them keep housing costs more affordable. According to Langford staff, the pushback from a few residents is weighed against the needs of a broad cross-section of citizens who need homes, along with the need to increase the tax base—which provides amenities ranging from sidewalks to arenas. Langford planning director Matthew Baldwin said there is some friction in South Langford because it is transitioning from the haphazard pattern of development pre-incorporation to a more organized, urban form of development. That means small-lot or condominium development in areas with more spacious homes or surrounded by green space which is used by the community. But it is impossible to roll back the clock 40 years to a time when there was no development pressure or housing crisis, Baldwin said. “You can’t do it that way any more because the fundamental economic underpinnings of land value and construction costs would make that home prohibitively expensive.” Speedy approvals of developments in Langford have come in for criticism (and will likely increase given the removal of the new 11-storey Danbrook One’s occupancy permit, forcing 86 households to move just before Christmas). Much of the approval work is done behind the scenes as municipal staff work with developers to fine-tune applications before they go to council. “Quite often we have robust discussions at planning and zoning and resolve a lot of the issues,” Baldwin said, noting, “By the time things get to a formal public hearing, there are often no more issues, as people feel their issues have been addressed. Members of the public who had concerns are aware that those concerns have been addressed, and then they may decide not to attend the public hearing.” He pointed out that no one turned up when there was a public hearing for 3,000 residential units on Bear Mountain. Councillor Denise Blackwell, who chairs the Planning, Zoning and Affordable Housing Committee, said background work by staff aims to bring unambiguous proposals to council. “By the time an application gets to the committee stage, it is usually just a matter of tweaking the proposal, adding certain conditions that suit the particular circumstances or address unforeseen concerns raised by neighbours,” she said, adding that, since incorporation, the total area of protected green space has increased from 8 percent to more than 20 percent. “Council has also worked to acquire strategic park lands, develop active recreation for all, and continues to support efforts of the region as a whole to protect green spaces through the CRD’s Regional Green/Blue Spaces Strategy,” she said. However, the City’s friendliness towards developers troubles some residents, dealing with what they see as a council that does not prioritize the environment. A group in the Latoria Road area was surprised when told by council that they had to deal with Draycor Construction Ltd to address concerns about a proposed development. Council was dismissive when the group first turned up at a council meeting, said Laurie Anderson. “We don’t agree with the lot sizes that are being proposed, and there are a lot of environmental concerns…They just dismissed us and said we had to speak with the developer,” she said. There is increasing concern that developers, many with long-term ties to the community and council, hold undue sway. The Planning, Zoning and Affordable Housing Committee, which provides advice to council, but does not have decision-making authority, is made up of two councillors and five appointed citizens including Kent Sheldrake, co-owner of Draycor Construction Ltd.; Art Creuzot, owner of Luxbury Homes; and Malcolm Hall, owner of Lifestyle Ventures development company and Solo Suites airbnb hotel. The six-member Board of Variance, which operates at arm’s length from council and deals with matters such as relaxation of zoning regulations or tree-protection requirements, includes Cliff Curtis owner of TBJ Properties; Jim Hartshorne, owner of Keycorp Developments Ltd and Westhills Land Corp; land development consultant Rachael Sansom; and Ron Coutre, owner of SouthPoint Partners Ltd and president of Westshore Developers Association. A spokeswoman for the Ministry of Municipal Affairs and Housing said no complaints have been received about the makeup of Langford committees. But some residents are alarmed by the perception of bias. A presentation on behalf of developers of the property behind Costco was made by Hartshorne, chair of the Board of Variance; a controversial rezoning application for 734 Latoria Road, made by Kevin Parker, co-owner of Draycor Construction, whose partner Sheldrake is a member of the planning and zoning committee, was approved with 17.5 percent green space, despite public opposition. The selection criteria used by mayor and council is unclear, Allan said. “Given its current membership, the Planning, Zoning and Affordable Housing Committee appears to be overwhelmingly weighted to favour development. With such an apparent bias, it is difficult for it to reflect the broad views from the citizens of Langford,” he said. Some members have served several consecutive terms and will continue to the end of 2022, Allan noted. “The [committee] needs to have a cross-section of representation from not only the developer community, but also public housing representatives, seniors, business, Chamber of Commerce, environmental groups, just to name a few,” said Allan. Turner pointed out that committees are usually balanced between interests such as citizens, First Nations, government, and environmental groups. “I would say that any committee making recommendations to government needs to be balanced between all the special interests that have a stake in whatever they are discussing. So to have it dominated by one group that has a clear, vested interest more than any other group is not appropriate,” he said. J.Ocean Dennie, founder of the Friends of the T’Sou-ke Hills Wilderness, is worried that plans to punch an alternate route to the Malahat will result in a sprawl of development, and he has little faith that Langford will protect wilderness values. “What it comes down to is who is sitting at the table, who is making the decisions and who is pushing the agenda. As concerned citizens, a lot of the time we just don’t have that information. We don’t have time to keep up with the backroom deals,” he said. Lawyer Matthew Nefstead, who was hired by West Coast Environmental Law to help those fighting for more Latoria Road green space, wrote in his analysis, “The fact that most, or all of the non-elected members are property developers who have dealings with the Committee and the City and who do not appear to declare conflicts of interest, presents—in my opinion—a reasonable apprehension of bias.” But Blackwell said some members of the committee are semi-retired and, as chair of the committee, she asks individuals to recuse themselves if there is a perception of conflict of interest. The argument heard from Langford staff is that council wants the expertise provided by developers and, for environmental input, relies on registered professional biologists or professional foresters. “I don’t think it would serve anyone on the committee or council or the public at large to have one qualified professional questioning another qualified professional’s opinion,” said a staff member. With controversy over the makeup of committees, there is a push for more transparency from Langford council—one of the only municipalities in the Capital Regional District that does not webcast meetings. “Why are there no cameras recording the meetings?” asked Terrie Wilcox, who mobilized a group of neighbours worried about overdevelopment in the Goldstream Avenue area, where plans call for redevelopment of St Anthony’s Clinic, including a 15-storey condominium building. Wilcox worries that development is racing ahead of infrastructure, and most of the input heard by council is from tradespeople and developers. “I agree with development due to the housing shortage, [but] Langford is moving far too fast with very little change, if any, to infrastructure,” she said, pointing to road dust on her patio table from incessant traffic. Like many Langford residents, Sarah Forbes agrees that housing development is needed, but the “pitchy-patchy approach” of separate developers is resulting in isolated communities connected by commuter corridors. “With the large-scale development, we could have some really world-class communities if we had a more sustainable approach to development. It’s a huge opportunity that is being missed,” said Forbes. “I do support development. We need to grow as a community, but we can do better…We have this great opportunity to grow this whole city, and we could develop it more sustainably with real sustainable practices in mind,” she said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith This story has been edited to reflect the correct name of Danbrook One, the development in Langford which had its occupancy permit revoked. An earlier version had referred to the development as Donwood One.
  14. Posted June 9, 2020 Photo: First responders attend to a drug overdose. Victoria still has no residential treatment beds for those coming out of short-term detox—yet the new therapeutic recovery program is undersubscribed. Go to story
  15. Victoria still has no residential treatment beds for those coming out of short-term detox—yet the new therapeutic recovery program is undersubscribed. AS VICTORIA RESIDENTS ARE FACED WITH DAILY EVIDENCE of the ravages of addiction, especially when combined with homelessness or mental health problems, there are calls for more treatment beds in the community. Victoria’s grim tally of overdose deaths, combined with neighbourhood crime and confrontations as people move from the Pandora Avenue and Topaz Park camps into hotels, is forcing addiction and mental health problems into the spotlight. In the first four months of the year, more than 60 people in the Island Health region died of overdoses, including 28 in Victoria. Last month, a public health overdose advisory was issued by Island Health as the number of fatal and non-fatal overdoses grew because of increasing toxicity of the street drug supply. Niki Ottosen, who hands out sandwiches to people living in Beacon Hill Park and runs the Backpack Project, which delivers backpacks filled with necessities to people in need, believes the missing piece in the program to move people into hotel rooms, in an effort to stop COVID-19 spreading through the street population, is new detox beds. No new detox or treatment beds have been announced, she noted. Nikki Ottonsen, founder of the Backpack Project in Victoria (Photo: Backpack Project) “I’ve had to bring people to detox. It’s seven days and then they go into 30-day stabilization, but sometimes they get out of detox, after seven days withdrawing, [and] they don’t have space for you to go to 30-day detox, so then you have to go back out to wherever you were and hope you don’t have a relapse before they have a space for you,” Ottosen said. “That is the huge missing piece. We are setting people up to fail if we think we are just going to put them up in hotel rooms, or maybe get them into modular housing later, without extra supports in our community,” she said. Kelly Reid, Island Health director of mental health and addiction services agrees more services are needed. The goal of Island Health is to provide a continuum of care for people with addictions, but, according to Reid, the answer is not as simple as supplying more treatment beds. “It sounds like a reasonably simple question and then you dig into it and it is so complicated,” Reid said. People with addictions and mental health problems need different supports to create a readiness to go into treatment, he explained, and having basic needs met—whether housing, food or access to a doctor—can lead to more interest in recovery. “It’s not easy and when you are living on the street and having to work so hard to even find food and the basics of life, it is particularly hard to go through a treatment process,” he said. Reid believes that while replacement drug therapies and the slow move to a safe supply of drugs should help set the stage for the next step, providing a safe place to live is vital in getting people to a place where they are willing to make changes to their lives. “I really believe that when people have housing and they have nutrition and they have hope and they have social connections that they can imagine a different path forward,” he said. Usually people who make the decision to go drug-free can get into a detox bed within four or five days, Reid said, but, if you are not seen as high urgency, the wait can be one or two weeks. From there, some people go to one of the three “supportive recovery homes” in the community, including two for women and the 22-bed Douglas Street Community 90-day supportive recovery program run by the Portland Hotel Society. Such facilities offer “low to moderate supports” to newly detoxed substance-abusers as opposed to the intensive therapies offered in residential treatment programs, which are not available in Victoria. Financial help is sometimes available for people to access ones on the mainland. Some of those seeking recovery need to go to a fully-staffed stabilization unit for a month. Others, following their 7-day detox, simply go home and are linked to counsellors. Reid admits there can be a gap between programs, which is why increasing capacity is part of the goal. “We want to be able to provide treatment as soon as somebody is ready to accept it, and we are not there yet. There are still waits in some parts of the system and sometimes the opportunity passes,” he said. “In the ideal world I guess if we had a residential treatment facility in Victoria it would add to our continuum. It’s one that would be very welcome,” Reid said. But even available beds do not guarantee that people will be willing to complete a tough recovery program. New Roads, a therapeutic recovery centre in View Royal run by Our Place, offers spaces to people who have experienced homelessness, those who are leaving prison, or people who are willing to enter the two-year program as an alternative to jail. The 50-bed centre opened in late 2018, but currently has only about 20 residents, partially because of COVID-19 complications, but also because people are sometimes reluctant to make such a long-term commitment. Grant McKenzie, Our Place communications director, said persuading people to make the leap from detox into therapeutic recovery is more difficult than initially imagined. “We are dealing with a very damaged population and it can take a long time to get them to the point where they are ready to go into therapeutic recovery,” he said. Even those who enter the program, do not necessarily see it through. The centre accepts people who would have been sentenced to three months or more in jail, but often, after three months of getting food, exercise and sufficient sleep, they believe they have recovered and leave. “Within 24 hours they are back using. There’s a challenge there that we are working on, but it’s not as simple as saying ‘here’s a recovery bed and off you go,’” McKenzie said. “You are dealing with a lot of trauma and abuse and you’re trying to dig down and get people to look inward and grow,” McKenzie said. If people stay for two years, the chance of success is about 70 percent, but, if they stay for only three months, success rates plummet. Mackenzie said that in addition to services now available in Greater Victoria, there is a great need to put more resources into mental health. “We really need mental health supports where people are assessed and the medications they are on are assessed. There are a lot of people out there with undiagnosed schizophrenia or undiagnosed bipolar and they are self-medicating with street drugs,” he said. In addition, a growing problem is the number of people who have brain damage after overdosing and being brought back by Naloxone. While some people do well in a home where medications can be monitored, others would thrive in a locked institution with 24/7 supervision, said McKenzie, adding that, because of past abuses in mental health institutions, it is a difficult concept to accept. “It probably wouldn’t be [someone’s] choice to go in there, which is what makes it so controversial, but I really think you could save lives,” he said. For a list of the types of assistance the BC government provides substance users, see this site. For withdrawal and detox services at Island Health, start here. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  16. May 12, 2020 Photo: Homeless advocate Chrissy Brett Is COVID-19 the catalyst for bold changes around homelessness? Go to story
  17. May 12, 2020 Or will pandemic-induced debt just make it worse? AS OUTREACH WORKERS tick names off lists of campers at Topaz Park and Pandora Avenue, trying to bring order to the hurried plan to move homeless people into hotels, others are drifting in to the area, hoping to be included in the relocation. Although Topaz and Pandora, with about 360 people, are the outward face of homelessness in Victoria, tents can be found scattered around Beacon Hill Park, along side-streets, and outside Rock Bay Landing shelter. The shifting numbers are among the complications faced by the Coalition to End Homelessness and its partners as they conduct assessments before moving people into hotels, where they can practice physical distancing and self-isolation, in an effort to stop COVID-19 from gaining a toehold in the homeless population. A spokeswoman for the Ministry of Municipal Affairs and Housing said in an emailed statement that efforts are being made to reach as many people as possible. “We’re working across government and with all partners to implement extraordinary measures to protect everyone in BC from the risks of two public health emergencies—the fentanyl poisoning crisis and the COVID-19 pandemic. We’re working on an accelerated timeline to keep people safe and connected to the care they need through these crises and beyond,” she said. It is uncertain how many people in Greater Victoria are in need of homes. Some are newly homeless and others, who were previously living under the radar, are finding it difficult to make a living from binning, bottle collecting, the sex trade or panhandling in today’s era of closed shops and restaurants. “The numbers are crushing,” said Reverend Al Tysick of the Dandelion Society, one of the partners in the relocation effort. “It is going to be difficult for the Coalition to End Homelessness to house everyone. They’re going to do their best, but to do it in this short time is extremely difficult,” he said. Reverend Al Tysick of the Dandelion Society The last homeless count found 1,500 people in Victoria without stable housing, but, over the last year, Tysick has seen a spike. “Rents have gone up, people have been kicked out and they haven’t been able to find a place. [Rents are] well over what we’re paying on welfare and disability,” he noted. Numbers then bumped up again this spring after shelters were forced to reduce capacity when they could not maintain the prescribed pandemic distancing. The Province, under the Emergency Program Act, has leased 324 rooms in five hotels in Victoria and set up a 45-bed emergency response centre at Save-On-Foods Memorial Centre. On May 10 the ministry website showed 106 people from Topaz and Pandora had moved to new accommodation. However, it has been difficult finding experienced staff to provide wrap-around supports and sufficient spaces in Victoria. Shane Simpson, Minister of Social Development and Poverty Reduction has extended the deadline for moving people from Topaz and Pandora from May 9 to May 20. “While we have been working with the hotel sector and service delivery partners towards the May 9 target in Victoria, it is now clear that more time is needed to ensure each person leaving Topaz Park and Pandora Avenue is moved into the accommodation that best meets their needs,” Simpson said in a news release. “No one will be asked to leave these encampments without being offered a suitable temporary housing option,” he said. Simpson also acknowledged that there are people outside Topaz and Pandora who need housing help. “We are not ignoring them. This discussion will continue,” he said, In total there are more than 2,750 spaces across the Province for people without homes, according to BC Housing. Apart from the immediate problems of finding space for the fluctuating number of homeless people, the major question is how they will all be housed once the pandemic is over. The Province and City of Victoria have pledged that, after the three-month contract with hotel owners is up, no one will be forced back into homelessness. There is speculation that the Province could buy some of the hotels, which were almost empty after tourism ground to a halt. Advocates are also pushing for construction of modular housing, spread through southern Vancouver Island communities, while the provincial emphasis is on the goal of building 4,900 new supportive homes in BC over the next decade. “That work will happen in the weeks and months ahead, but the priority now is on the immediate health and safety of people experiencing homelessness in these public health emergencies,” said an emailed statement from a Ministry of Municipal Affairs and Housing spokeswoman. In Oppenheimer Park in Vancouver, where 261 people had moved by May 10, activist Chrissy Brett, a veteran of Victoria’s 2015/2016 courthouse lawn camp, was fielding numerous questions about potential housing from camp residents. Like other advocates, she believes that, provided adequate supports are in place, the plan to move people into hotels or community centres will help. But she worries about those left out or those dealing with past trauma and addictions who are unable to adjust to life in a hotel where there are rules to be followed. Activist Chrissy Brett A possible model would be a type of refugee-style camp run by organizations such as the Red Cross, Brett suggested. “It’s not that I’m advocating that tent cities are where it is at, but, if you look at San Diego or San Francisco or Seattle, they are now creating these sort of camps,” she said. “They are made to live in with showers and bathrooms and everything people need to live properly. Why are we not looking at those as short-term measures?” Brett would also like to see housing for Indigenous people, seniors and those not battling addictions made available at sites such as Woodwynn Farm, the Central Saanich property bought by the Province in 2018 for use as a therapeutic recovery/training centre (it does not offer housing on site). Tysick would love to believe that, after decades of neglect, the homelessness problem is about to be solved. But realism kicks in. “I am waiting to see this magic wand,” said Tysick, pointing out that, for decades, the problem has been ignored or, at best, chipped at around the edges. “Let’s be really clear the only reason this is being done is COVID-19. Period. End of story,” he said. But, when this crisis is over, will attitudes and political will have changed? Tim Richter, president and founder of the Canadian Alliance to End Homelessness, said modern-day homelessness was created by federal government policies in the late 1980s and 1990s. “It wasn’t on purpose obviously, but it’s a product of the policy choices that were made when the federal government withdrew from affordable housing investments almost completely and cut social transfers (to the Provinces) that funded welfare and health care,” Richter said. Tim Richter, president and founder of the Canadian Alliance to End Homelessness Now, organizations working to fix the problem need the support of the provincial and federal governments and a more ambitious, more aggressive investment in housing than Canada has seen in recent decades, he said. Change will come if the public demands it, Richter believes. “We are in a really unique window of time right now where the public is feeling what many people experiencing homelessness feel. They feel isolated and they understand that housing is healthcare, so they are much more empathetic to the plight of people experiencing homelessness,” he said. “In a crisis like this, things that, on a policy basis, may have seemed a little crazy a month ago, aren’t crazy any more. I think big, bold changes in social policy are possible,” he said. This is the time for people to speak out, Richter said. “Canadians need to say we are not prepared to accept homelessness of any of our neighbours as inevitable and we’re not prepared that people should be at this sort of risk from a pandemic for no other reason than they don’t have a place to live,” he said. However, there is a possible flip side to government attitudes post-pandemic, said Tysick, who wonders what will happen when bills for the Canada-wide pandemic financial aid start to roll in. “Look at the amount of money the government is putting out for COVID across the country, not only for homelessness, but for unemployment and business and other initiatives,” Tysick said. “I am proud of our governments for doing it, but, once it’s over, will they say ‘yes, let’s build two or three buildings for 400 people.’ I don’t think so. I think we are going to be hearing about the debt and how difficult it’s going to be to pay off that debt for the next 10 years,” he said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  18. July 2018 Indigenous communities in the path of the oil sands and its pipelines have been left with no good options. IN NORTHERN ALBERTA AND BC, anger at environmental damage and fears that traditional cultures are disappearing are competing with economic pragmatism as Indigenous leaders struggle to decide where the future lies. Is it more beneficial to fight, or take a place at the negotiating table in hopes of mitigating damage? It’s a complicated and sometimes soul-crushing balancing act. First Nations have little faith that their objections will have any effect on development decisions, given the history of approvals. In Alberta, out of more than 170 oil sands projects, almost none have been turned down, despite First Nations investing years of research and spending millions of dollars on court cases. “There has been 50 years of mining and there is still no protection of our rights. Governments don’t seem to care,” said Lisa Tssessaze, Athabasca Chipewyan First Nation lands and resource management director. Around Fort Chipewyan, a hamlet on the banks of Lake Athabasca, the Athabasca Chipewyan First Nation and Mikisew Cree are preparing to fight the massive Teck Frontier project. The Teck Frontier mine is a $20-billion development, which the company says would provide 7,000 construction jobs and 2,500 permanent jobs. Buffalo in northern Alberta (Photo by Louis Bockner) It would sit 110 kilometres north of Fort McMurray and 30 kilometres south of Wood Buffalo National Park, a World Heritage Site which a UNESCO report says is already under threat from rampant oil sands development and other pressures. If approved after joint federal-provincial review panel hearings this fall, Teck Frontier would rip up 292 square kilometres, with much of the development on land where the buffalo roam. Not just any buffalo, emphasized elder Roy Ladouceur, who, for more than half a century, has lived off the land at the Athabasca Chipewyan First Nation’s Poplar Point reserve, which is 16 kilometres from the Teck site. The area, explained Ladouceur, includes calving grounds for the Ronald Lake Bison Herd, the only disease-free, genetically-pure wood bison herd in the area. The herd is already in trouble because of proximity to the oil sands and poaching. He believes that, if Teck goes ahead, it will be the end of the Ronald Lake Bison Herd. Roy Ladouceur (Photo by Louis Bockner) “They say they can find ways and means of preserving the habitat and I just can’t see it happening, no way, no how,” said Ladouceur. Ideas of relocating the buffalo and caribou make no sense and are likely to result in the animals contracting diseases, he said. “You can’t do that to any animal. You are breaking Nature’s law and Nature has its own way. It’s not their home,” Ladouceur said. Freddie Marcel, another Athabasca Chipewyan First Nation elder, concurs with this judgement. He talks with sad resignation about the future of the land where generations of his family have hunted, trapped and fished. “That Teck Frontier development is going to happen regardless of what we say and whether we fight. The buffalo are there and the caribou are there, but that’s right where the mine is going to be,” shrugged Marcel. THE AREA HAS BEEN EXPERIENCING the environmental impacts of industrial development for decades now. Around Wood Buffalo National Park and the Peace-Athabasca Delta, pollution and dropping water levels are evident and problematic. Much of the pollution is traceable to oil sands development. The dropping water levels are largely attributable to dams on the Peace River, climate change, and industry withdrawing water from the Athabasca River. Together they have changed centuries-old lifestyles that relied on the land and water for food, medicines, clothing and shelter. Simultaneous with the environmental damage, however, has come a steady flow of oil money into communities, which is altering attitudes and forcing First Nations communities to examine priorities. Indigenous communities in both provinces are increasingly looking at benefit agreements with companies in hopes of having their voices heard and bringing injections of cash and jobs to their bands. Fort Chipewyan Metis Local 125, for instance, has already signed a participatory agreement with Teck Frontier in return for economic benefits and opportunities to negotiate traditional land use and environmental stewardship. Teck Frontier spokesman Chris Stannell said the company has signed similar agreements with 11 Indigenous groups. “These agreements identify economic and social benefits and opportunities—such as employment, contracting and training—and include environmental stewardship planning,” Stannell said in an emailed response to questions. Even Athabasca Chipewyan First Nation, though offically opposed, is involved in talks with the company on topics such as buffer zones and protection for wildlife. Matt Hulse, the Nation’s regulatory affairs coordinator, admits the question of how to deal with projects such as Teck Frontier is complicated. He said, “There’s a lot of grey. Everyone realizes the jobs are down there [in the oil sands] and that’s where the money comes from. People don’t want the [Teck Frontier] mine to go ahead, but, because we have so little confidence in the regulatory process, Indigenous communities are forced to find ways to benefit from the project to offset the impacts. There isn’t any good option.” THAT AMBIVALENCE IS UNDERLINED by a surprise announcement last month that Athabasca Tribal Council—made up of five First Nations, including Athabasca Chipewyan and Mikisew Cree—is considering buying a stake in the Trans Mountain pipeline in an effort to obtain Indigenous control and ensure the environment is safeguarded. The controversial pipeline, opposed by many British Columbians, was purchased by the federal government from Kinder Morgan for $4.5 billion to ensure a planned expansion goes ahead. The Athabasca Tribal Council move caught pipeline critics and some community members off guard, particularly as Athabasca Chipewyan First Nation Chief Allan Adam, who is also president of the Tribal Council, has been known for campaigning against the pace of oil sands development alongside such celebrities as Jane Fonda, Leonardo DiCaprio and Neil Young. Athabasca Chipewyan elder Alice Rigney, who has lived off the land all her life, blames the oil industry for destroying the delta and the lifestyle that has sustained her family for generations, and she wants no part of a pipeline. “I could not believe that my community wants to be part of this pipeline. They have forced us into a corner where we have nowhere else to turn,” Rigney said sadly. “Just think 100 years from now what this planet will look like. They are destroying the land.” Ironically, the Trans Mountain pipeline is likely to transport oil from the Teck Frontier development, although Stannell said that, if the project is approved, the first oil is not expected to flow until 2026, so shipping plans have not yet been determined. So why would First Nations, who are continuing to fight oil sands projects, want to buy a piece of pipeline? Winds of change are blowing through First Nations communities, said Mikisew Cree Chief Archie Waquan. In Fort Chipewyan, where many young people take fly-in-fly-out shifts in the oil sands, a new affluence is taking hold and traditional activities, such as a moose-hide tanning workshop, are failing to appeal to the new generation. Waquan, who describes himself as a former tree-hugger, believes he must lead efforts to modernize the economy for the sake of the younger generation. “Do we remain the same and be anti or get on the boat and deal with industry and be able to be part of what is happening there? I look at what is happening south of us in the tarpits and the oil sands and, if we don’t partake in it, we will be left behind and I will be to blame,” he said. Chief Archie Waquan (Photo by Louis Bockner) If the pipeline purchase plan goes ahead, it will be the second foray into the industry for Mikisew Cree, who, last year, together with Fort McKay First Nation, bought a 49 percent interest in a Suncor Energy storage facility. A pipeline share is a logical next step, said Waquan, acknowledging that there are continuing concerns, but insisting that participation will help mitigate problems. “I have to look to the future, beyond my time on Earth. Times have changed and we have to realize that. We need to go to a modern lifestyle—which I think my First Nation wants—and that means we have to deal with industry. We have to keep them in check,” he said. Waquan believes that, despite the scars left by oil and gas extraction, the land is resilient enough to recover. “You can’t reverse it now, but in time, when all the development is gone from this territory, our land will always come back to where it used to be,” he said. Others see it differently and say Indigenous communities are being coerced into deals. Eriel Deranger, Indigenous Climate Action executive director, believes that economic benefit agreements, with companies promising to transfer millions of dollars to communities, amount to bribes. “I have watched government and industry work very diligently to wear down the leadership—the way we are allowing this to happen is absurd,” she said. “Our communities are not making decisions freely, free of intimidation and free of coercion and free of bribery. Let’s be real, these impact benefit agreements are bribes,” she said. Projects are approved despite admissions of irreversible and adverse impacts on the people and the land, and that can destroy the spirit of the people, Deranger said. “They are saying, in order for you to survive in the economic system we have imposed on you, you have to join us. There’s no choice any more. The rights of industry and corporations have taken precedence over Indigenous rights,” she said. Judith Sayers, Nuu-chah-nulth Tribal Council president, said the same story plays out in BC, and companies regularly try to coerce First Nations into signing agreements by telling them that they will get nothing if they don’t sign on. “So you sign on to make sure you get money and jobs and benefits for your community,” she said. But communities should realize that they do not have to sign agreements, especially given the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the federal and BC governments, and recent emphasis on the need for free, prior and informed consent, Sayers said. “Losing your right to fish and hunt as opposed to having a job is no contest. There are other ways of making money and having meaningful economic development without selling your soul,” she said. When Kinder Morgan owned the pipeline, the company signed 43 mutual benefit agreements with Indigenous groups in BC and Alberta, but some chiefs have since said that they do not support the pipeline expansion project and felt signing the agreement was the only way to either get benefits or ensure there was funding to clean up spills. “It’s not really support. If we opposed it, we would have no way of addressing spills because we would be disqualified from funding from Trans Mountain,” Ditidaht Chief Robert Joseph told the Times Colonist in 2016. Chief Bob Chamberlin, Union of BC Indian Chiefs vice-president, said the history of Canada is that government makes the final decision over lands Indigenous people have never given up. That, he said, has resulted in a sense of resignation that, whatever you do, someone else is going to make the decision. “As much as we object, as much as we point at case law and the constitution, Canada’s long history of disregarding all that is still alive and well,” Chamberlin said. “We are waiting for free, prior and informed consent to become real, but, until it’s real, First Nations are still faced with ‘the government’s going to do what it’s going to do. We might as well get what we can.’” Now, with the underpinning of UNDRIP, it is up to Indigenous communities to shed those feelings of resignation, and for other Canadians to educate themselves on those rights, Chamberlin said. “We are talking about human rights and that’s a big evolution for Canadians to understand,” he said. Judith Lavoie spent eight days in June in the communities of Fort Smith and Fort Chipewyan reporting for The Narwhal on how Alberta oil sands projects and the Site C dam are affecting the Peace-Athabasca Delta and Wood Buffalo National Park. An overflight of the delta was funded by Sierra Club BC.
  19. July 2017 The project faces stiff opposition from a new government and legal challenges by First Nations and others. KINDER MORGAN CANADA’S President Ian Anderson seems confident his company will soon break ground on the Trans Mountain pipeline running from Alberta’s oil sands to a coastal terminal in Burnaby. The federal government approved the pipeline following a National Energy Board recommendation. And Alberta Premier Rachel Notley is acting as if the pipeline’s a done deal and dismissing BC’s right to control its coasts. But is it a done deal? Many BC citizens are adamantly opposed, with First Nations leading the resistance. And on May 9 the ground shifted beneath the $7.4-billion project when the BC Liberals lost their majority in the provincial election. In one of their first post-election statements, leaders of the NDP/Green partnership announced they would “immediately employ every tool available to the new government to stop the expansion.” It was a far cry from former Premier Christy Clark’s agreement that, subject to conditions and a 20-year revenue-sharing deal, worth up to $1-billion, construction of the 1150-kilometre pipeline could go ahead. But even under a Clark government, there were growing doubts about the viability of the plan to triple the capacity of the pipeline to 890,000 barrels of diluted bitumen a day, with the number of tankers in the Salish Sea increasing seven-fold to about 400 a year. Now, with a new provincial government, an aroused public, and perhaps most important, strong First Nations opposition, the battle lines are being drawn. AT LAST COUNT there were 19 legal challenges to Kinder Morgan’s Trans Mountain pipeline expansion project wending their way through the courts. These court cases will test the power of First Nations to demand meaningful consultation, along with the extent of Federal powers. They will also assess claims by First Nations and others that Canada’s environmental assessment process is fatally flawed. “It’s not going to happen,” said BC Green Party leader Andrew Weaver. He suggests pipeline supporters such as Alberta Premier Rachel Notley and Prime Minister Justin Trudeau look at Section 35 of the Canadian Constitution which protects aboriginal and treaty rights, including those of “meaningful consultation,” and is increasingly used as a legal tool by First Nations arguing that they have not been adequately consulted. As an example of consultation-gone-wrong, Weaver pointed to the case filed by the Coldwater Indian Band, whose territories are in BC’s southern Interior region, challenging the National Energy Board’s approval of the pipeline. “It’s an incredibly compelling case. The proposed pipeline sits right at the top of the aquifer which is their only supply of water and it is not as if there was not an alternate route. It was discussed and deemed to be more expensive,” Weaver said. Prime Minister Trudeau also has to figure out how pushing through the pipeline over First Nations objections could possibly square with his commitment to the United Nations Declaration on the Rights of Indigenous Peoples. That declaration requires consent for such developments, Weaver noted. Previous governments resisted signing the declaration because of fears it would effectively give First Nations veto power over major projects. But Eugene Kung of West Coast Environmental Law legal counsel said there is a difference between consent and veto and, with the shift in aboriginal law in Canada, the distinction needs to be publicly clarified. “Think about another place where we use that term ‘consent’—in the context of sexual assault and harassment,” he said. “No one would ever say in that context that, by a victim denying consent, that it would be vetoing the perpetrator’s decision, because the perpetrator doesn’t have rights over the victim’s body. You need mutual consent for advancement.” Sixteen judicial review cases, which include challenges by seven First Nations, the City of Vancouver, City of Burnaby, Raincoast Conservation Society, Living Oceans Society, and Democracy Watch, have been consolidated and will be heard by the Federal Court of Appeal, likely this fall. If there are appeals, the issue could be heading for the Supreme Court. Another challenge has come from two Washington State tribes over the effect that vastly-increased tanker traffic will have on endangered southern resident killer whales. Even though the judicial review cases have been consolidated, each First Nation challenge is based on unique facts, according to Kung. “Each First Nation has an independent right to be consulted and accommodated in projects that affect their territories…Success on any one of the First Nations legal challenges could delay or stop the project,” he said. Enough delays, and Kinder Morgan could find it all too expensive to proceed. Kinder Morgan says it has agreements, amounting in total to over $300 million, with 40 First Nations, though it will not identify them. It’s presumed many of these are at the Alberta end of the pipeline. At the crucial and densely-populated Lower Mainland part of the pipeline, opposition is strong. Most of the First Nations there are involved in the court cases (e.g Tsleil-Waututh, Musqueam, Squamish, Sto:Lo, Kwantlen). On Vancouver Island, some First Nations, like the Ditidaht, Pacheedaht, and Pauquachin, have signed agreements with Kinder Morgan in order to be eligible for spill response funding. In all, though, at least 13 First Nations in BC are formally opposing the project. The legal climate around aboriginal rights and title has undergone profound changes since the 2014 Tsilhqot’in decision that, for the first time, recognized aboriginal title. Combined with other recent court decisions that have favoured First Nations, including the scuttling of Enbridge’s Northern Gateway pipeline, the game has changed. In the Enbridge case, the Federal Court of Appeal overturned the Harper government’s approval of the project, after finding the Canadian government failed to properly consult the First Nations affected by the pipeline. As Kung noted, “I think the provincial and federal governments have been slow to respond meaningfully to the direction the Supreme Court of Canada and the courts have set, and the companies have really underestimated the importance of these cases.” While the Province of BC under Christy Clark formally approved the Trans Mountain expansion, it is contingent on 37 conditions being met, in addition to 157 from the federal approval. Any of these may provide First Nations and the Province with more ammunition in their resistance to the Trans Mountain project. John Horgan, NDP leader and premier-designate of BC, has indicated he’s prepared to go to court over the pipeline expansion project, and will likely join one of the legal challenges. The Alberta government has already been granted intervener status in the judicial review—advanced by municipalities, First Nations and environmental groups—challenging the National Energy Board’s recommendation as well as the federal Order in Council approving expansion. Reflecting a growing confidence in the power to win in the courts, Grand Chief Stewart Phillip, Union of BC Indian Chiefs president, sent a strong message to Premier Notley, who, in a much-quoted statement had said: “Mark my words, that pipeline will be built, the decisions have been made.” Phillip immediately responded: “Mark my words, Kinder Morgan’s Trans Mountain expansion project will never see the light of day.” He continued: “We do not accept the unscrupulous liability of dirty oil coming through any pipeline system to benefit some Texans or multinational interests at the expense of our inherent responsibilities to our grandchildren’s grandchildren.” CHIEF PHILLIP, however, is not relying solely on the courts. He believes it may well be financial pressures that finally put visions of a pipeline expansion to rest. Noting that the price differential between selling to Asia and selling to the US has shrunk, he said, “When this project was first being developed a number of years ago, oil was $100 a barrel and we all know oil is never going to go back to those prices again…A lot of underlying assumptions have been debunked.” Phillip continued, stating that investors must be concerned about the court cases, especially in light of the Rio Tinto ruling last year that gave aboriginal communities the right to sue for compensation if their rights are infringed. Investors, he noted, will also be concerned about the likelihood of protests. Phillip feels that there is no doubt that, if the pipeline proceeds, there will be civil disobedience. “I think, in many ways, Burnaby Mountain was a warm-up that demonstrated that, when push comes to shove, there will be strategies on the ground to prevent the project from moving forward,” he emphasized. “I think what needs to be understood is, when those activities begin to take shape, it will not just be aboriginal, First Nations and indigenous people on the front line. The vast majority of the [126] people arrested on Burnaby Mountain were not indigenous.” Weaver, too, believes that if the company starts building the expansion despite the pending lawsuits, it will head into trouble when construction reaches the Lower Mainland. (The company’s construction schedule anticipates that tunnel-boring through Burnaby Mountain will start in March 2018.) “It does not have a social licence and it will never have one in British Columbia,” said Weaver. “I would suggest that if they start drilling under Burnaby Mountain…this will create a crisis like this country has never seen before,” he predicted. Some in the resistance movement are saying it will rival Clayoquot protests or those at Standing Rock. Weaver is carefully watching Kinder Morgan’s finances in the wake of the initial public offering, noting that stock prices have dropped from the initial price of $17. Financial questions are also being raised by a coalition of more than 20 indigenous and environmental groups. Their coalition is warning 28 major banks—including 14 that underwrote the initial public offering for Kinder Morgan Canada—to stay away from funding the pipeline. The open letter says that the organizations involved will use their influence to urge local and foreign governments to divest from banks that fund the pipeline. Lindsey Allen, Rainforest Action Network executive director, stated in a news release, “Any bank that decides to participate in this project will be implicated in indigenous rights violations and will knowingly feed fuel to the fire of climate chaos. They won’t be able to claim that they didn’t have all the relevant information.” Kinder Morgan, in its prospectus released to raise $1.75-billion for the project, acknowledges that court actions could delay or even halt the project. Yet the company also says all financing is now in place and it is starting to move ahead with contracts and benefit agreements with the aim of starting construction in September. In a statement emailed to Focus, Kinder Morgan’s media spokesman said the final investment decision has been made and the company is “seeking and receiving permits from the necessary regulatory agencies…Trans Mountain has followed every process and met every test put before us…Taking into account all the scientific and technical studies, input from communities and a variety of opinions, we were given approval from the National Energy Board and the Government of Canada, as well as our environmental certificate from the BC Environmental Assessment Office.” EVEN THOUGH the Province of BC cannot block a federally-approved project, there are a number actions that can be taken by BC, according to environmental lawyers. A legal toolkit for provincial action released by West Coast Environmental Law suggests that BC could impose more conditions and/or prohibit any new provincial approvals or permits, and suspend existing approvals until new conditions have been met. It points out the constitutional obligation of the Province to protect First Nations’ rights. “And there may be injunctions filed. I am sure that the First Nations involved have considered that option,” Kung said. Jessica Clogg, West Coast Environmental Law executive director, suggested that the Province could also require that Kinder Morgan demonstrate that all indigenous people affected by the project have provided their “free, prior and informed consent”—as required under the UN Declaration on the Rights of Indigenous Peoples. That free and informed consent would certainly not be coming from the Tsartlip First Nation whose territory lies along the east coast of Vancouver Island, and from which Tsartlip residents would be able to watch tankers carrying diluted bitumen through the Salish Sea. The Tsartlip, like other First Nations on southern Vancouver Island, had a “middle depth of consultation” according to the federal government. Tsartlip Chief Don Tom said, “We are fundamentally opposed to any increases in tanker traffic that would affect our rights out in the Salish Sea.” The Douglas Treaties, he noted, protect their right to hunt and fish as they did before European settlement. A particular concern, Tom added, is the health of the resident killer whales, which are considered relatives by his people. “There’s no chance this is going to happen. Based on today’s political landscape, it’s dead in the water,” he said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith.
  20. May 3, 2020 ANXIETY IS RIPPLING THROUGH Victoria’s Burnside-Gorge neighbourhood as residents hear through the unofficial grapevine that about 80 percent of the more than 350 of those living in tents in Topaz Park and Pandora Avenue will be coming to hotels in their community. The area, which is home to many families with children, already has two shelters and several supportive housing complexes. Residents have, as a result, experienced fallout from mental health and addiction problems in the past. Recent incidents around Topaz Park, where crime spiked after the camp was set up, have added to their concerns. It’s a delicate balance for both residents and those who have been living in tents since shelter space was reduced because of COVID-19. While there is widespread support for dismantling the camps, providing adequate housing, and helping those struggling with mental health and addictions, questions are being raised about what help is available to the receiving community. Rock Bay Landing, located in the Burnside-Gorge neighbourhood Residents in the Burnside-Gorge area neighbourhood recently discovered that four out of five sites for hotel relocations are in their area—although, according to Michelle Peterson, no one has reached out to the community to offer specific information or security help. Peterson, a long-time Burnside-Gorge resident, told Focus, “Every single one of the people I have talked to, no question, agree that these people need to be housed. That is not an issue. It is more the impact and the lack of support for the communities.” At a virtual meeting that included Island Health representatives, Peterson was told that many of the campers are feeling anxious and uncertain about the move, so will be helped by psychiatrists and mental health experts. “I told them I am hearing very similar feelings from residents in my community and there’s no supports for them. What are they going to do to support the neighbours?” she asked. Island Health has agreed to take the concerns to their executive, Peterson said. “This is a crisis and I think everyone understands that, but what people are worried about is what is the plan to help mitigate any negative impact, because we know that there is a percentage of that population who can be quite dangerous. They’re the ones who have active, significant mental health issues or active substance abuse issues or they’re violent to themselves or others,” she said. Given the crime spike in the Topaz neighbourhood, residents are asking for increased security, possibly additional policing, and assurances that 24/7 supervision will amount to more than someone sitting at a reception desk, Peterson said. BC Housing is not confirming which hotels in Victoria are providing the 324 rooms, but emphasized that people will be assessed and then connected to wrap-around care including doctors, outreach workers and psychosocial supports. Harm reduction supplies will be provided to people with substance use disorders. “BC Housing is engaged in active and ongoing conversations with neighbourhood and community associations in Victoria to raise awareness and provide information about our response to the pandemic and how we are assisting those who are vulnerable,” said a Ministry of Municipal Affairs and Housing spokeswoman in an emailed response to questions from Focus. “While we typically connect with neighbours and the public prior to new services opening in the community for those who are vulnerable, we recognize the need to act quickly in the current context. The hotels are temporary and will be vital to mitigating the spread of this virus, protecting those who are vulnerable and the broader community.” Peterson said a BC Housing representative is planning to meet with residents, but, so far, no one has come up with a mitigation plan and the lack of information is creating suspicion and polarization. “I understand why they don’t want to disclose the location, but, when they don’t provide information to the community and they stay silent and don’t reach out, it creates a significant lack of trust,” she said. “Then what happens is it creates more of a divide, more hostility, more conflict between the neighbourhood and the homeless population which is not what we want,” she said. By April 30, 51 people had been moved out of camps and into hotel rooms, with the Province paying the tab. The final cost will depend on the length of time the hotels are used, according to the ministry. The contracts with hotels are below the market rental rate, but are providing income for hotel owners at a time when COVID-19 has brought the tourism industry to a grinding halt. “We have not forced hotels to accept people. To date, all hotel spaces that BC Housing has secured have been freely negotiated with hotel owners without the use of orders,” wrote the spokeswoman. “These contracts are producing positive outcomes for everyone, including hotel owners, who are getting a fair deal, and their employees, some of whom are being contracted to help operate hotels.” BC Housing has committed to “professional and rigorous cleaning” of all the buildings once the contracts end and will cover the cost of any damages. However, for Peterson and other Burnside-Gorge residents, the remaining question is how much help the neighbourhood will be receiving. “There needs to be a plan on how to mitigate the impact in the short term, because we know there are going to be impacts,” she said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  21. April 25, 2020 New pandemic guidelines giving medical professionals and pharmacists flexibility to prescribe and distribute drugs to those suffering from addiction need to be put into practice more quickly in order to keep everyone safe, say advocates. THE ALREADY-TOXIC STREET DRUG SUPPLY in BC is becoming increasingly poisonous and expensive as borders close and supplies from China and the US shrink. But, for most people suffering from addiction, quitting is not an immediate option and, although a growing amount of basement concoctions are being sold on the street, the urge to avoid withdrawal overrides all else. “You will have to go out, no matter what, and do what you have to do to get that substance,” said Guy Felicella, who spent decades as a heroin addict living in Vancouver’s Downtown Eastside and is now clean, an advocate for a safe drug supply and a peer clinical adviser for BC Centre on Substance Use. Guy Felicella, right, an advocate for a safe drug supply (Photo courtesy guyfelicella.com) As COVID-19 physical distancing rules clear the streets, it is more difficult to make money from panhandling, bottle collecting or the sex trade. Advocates worry that people with addictions are struggling to find alternate ways to finance their habits. There is also concern that those searching for drugs are at risk of both contracting and spreading COVID-19. So it is to everyone’s advantage that new guidelines will give prescribers and pharmacists flexibility to prescribe and distribute drugs such as hydromorphone, stimulants, benzodiazepines, and substances to manage alcohol and nicotine withdrawal, according to Felicella and other advocates. Federal relaxation of the Controlled Drugs and Substances Act was followed last month by innovative provincial guidelines designed to address two overlapping public health emergencies—the opioid crisis, fuelled by fentanyl, which has killed more than 5,000 British Columbians since January 2016 and, now, COVID-19. The new rules allow physicians and nurse practitioners to prescribe the drugs to people at risk of contracting COVID-19, those with a history of ongoing substance use, people at high risk of withdrawal or overdose and youth under the age of 19 who provide informed consent, provided there is additional education. Costs are covered by provincial PharmaCare. Rapid access addiction clinics can also provide assessments, and phone visits to prescribers and pharmacists are encouraged. The guidelines allow home delivery by pharmacy employees, pharmacists can extend, renew and transfer prescriptions and, in some cases, people will be allowed up to three weeks supply instead of having to go to the pharmacy daily. “We want people not to have to go into pharmacies every day, which puts themselves and other people at risk when they should be self-isolating,” said Judy Darcy, Minister of Mental health and Addiction. “We are trying to flatten the curve at the same time as stopping overdoses and these really unprecedented measures are meant to do both of those things,” she said. The guidelines were put in place as fast as possible and a massive effort is now underway to get the word out to all health professionals, Darcy said. However, implementation is slow as some physicians and pharmacists are not yet fully informed about the changes. It is frustrating, said Leslie McBain, co-founder of Moms Stop The Harm. “What you had was rollout of a good policy that I hope will continue to progress and evolve, but the infrastructure was not out there,” McBain said. She added, “If I was a person searching for safe drugs because I didn’t want to go out and buy them on the street, there was no way to figure out that pathway.” Bernie Pauly, University of Victoria School of Nursing professor and a scientist with the Canadian Institute for Substance Use research, said it is essential prescribers familiarize themselves with the changes. “[They] need to not only know and understand the guidelines, they need to do it really quickly because people’s lives are at stake,” she said. Pauly and other advocates are anxious to ensure the changes stay in place after federal exemptions reach their sunset clause at the end of September. “I would hope we are able to show the benefits of this,” said Pauly, who also wants to see decriminalization of personal possession—something recommended last year by provincial health officer Dr Bonnie Henry. Felicella wants to see a further step with pharmaceutical grade heroin, fentanyl and cocaine made available without prescription. “What we have today is a medical version and it’s a great start and will help many people, but it is not where we want to stay,” he said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  22. April 3, 2020 With an estimated 1,500 homeless people in Victoria, increasingly worried officials are trying to find enough facilities to house them in a way that allows physical distancing. THERE IS INCREASING URGENCY to move the jumble of tents on Pandora Avenue into the safer environments of Topaz Park and Royal Athletic Park, as health professionals and advocates watch anxiously for signs of COVID-19 spreading to Victoria’s homeless population. So far, no members of the group, many of whom have compromised immune systems, have tested positive, but the risk is obvious. With parks regarded as a temporary solution, the overriding question is whether the virus will hold off long enough to allow indoor accommodation—where greater physical distancing is possible—to be found for hundreds of people. Tents sprung up along the 900-block of Pandora Avenue, outside Our Place, after drop-ins closed and shelter spaces were reduced because of the need for physical distancing. Tents on Pandora Avenue. (Photo by Ross Crockford) Many of those camping on Pandora are using Our Place services such as washrooms, paramedic services, and meals—which are handed out at the gate in disposable containers. The City, BC Housing, Island Health, Greater Victoria Coalition to End Homelessness and the Dandelion Society are working together to move people initially into the specified parks, which have washrooms and running water and will allow for physical distancing. The plan to use parks as temporary campsites has brought objections from some neighbours who worry about drug use and increased crime. But the possibility of infection in the current crowded environments should concern everyone, not just the unhoused population, said Reverend Al Tysick, founder of the Victoria Dandelion Society. “This doesn’t just affect [this group]…We are all in this together. This epidemic does not distinguish between the rich and the poor, the drug addict and the woman in the nursing home,” Tysick said. “Once it hits our [homeless] community it’s going to spread like wildfire. People are already sick when they move into the community. This is serious stuff. Much more serious than we have ever seen before,” he said. It has not been possible to persuade Pandora campers of the importance of staying at a safe distance from each other, said Our Place communications director Grant McKenzie. It is difficult to explain social distancing to a group living in precarious circumstances, who are already dealing with losses from the opioid crisis, McKenzie said. “Many people here are suffering from addiction or using opioids, so they are really just looking at their day-to-day survival. Where is my next meal coming from? Where am I sleeping tonight? They don’t have the luxury of worrying about COVID-19, which is why social distancing is very difficult,” he said. Royal Athletic Park [see update in Comments] will be set up for 80 people with addictions or mental health problems, who are likely to need a higher level of service, but one delay is finding available front-line staff. “We are working as hard and as fast as we can,” said Mayor Lisa Helps at one of her daily briefings. “In a public health emergency, no one should be living outside. Period,” she said. “COVID-19 will hit the unsheltered population at some time,” Helps said, echoing the concerns of Chief Medical Officer Richard Stanwick who has emphasized that homeless people must have the opportunity to meet social distancing requirements and that, if they are displaying symptoms, they must be able to isolate themselves. A federal grant of more than $1.3-million will be added to programs to address homelessness; and a search is on to find indoor alternatives to parks. As of April 3, 102 homeless, who are healthy and do not require a high level of support, had been moved into motel rooms. Others, who were previously camping in Topaz Park, will remain there until indoor accommodation can be found. Ideally, that search should include premises in neighbouring municipalities as the downtown core attracts people from all over the region and several of Victoria’s facilities have already been rejected as unsuitable, said Helps. She acknowledged that 80 spaces at Royal Athletic Park will not be sufficient to meet the needs. Meanwhile, there seem to be more tents on Pandora than ever. And the numbers of facilities in motels and parks so far arranged do not add up to anywhere near the 1,525 homeless people found in the 2018 count in Greater Victoria. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  23. March 5, 2020 Innovative programs are being put in place to help farmers address the high cost of farmland—but are they enough? IT’S AN EASY EQUATION IN MOST HOUSEHOLDS—if more people turn up for dinner, it means producing more food. But in the Capital Regional District, where the population is expected to increase 27 percent by 2038, only half of the region’s 16,000 hectares of Agricultural Land Reserve (ALR) is growing food. In other words, as climate change makes food security and buying local increasingly important, much of southern Vancouver Island’s rich agricultural land is being developed for non-agricultural uses or simply under-utilized. Farmland being farmed, a relatively rare sight in the Victoria area ALR land represents seven percent of the CRD, with additional rural land not included in the ALR. Farm Credit Canada’s 2018/2019 report says that out of more than 700 farms in the capital region, less than half are growing food. Another report, the Foodlands Access Program feasibility study, produced by Upland Agricultural Consulting Ltd for the regional district, states: “The underutilization of farmland, both now and in the future, is a lost regional opportunity. With over 50 percent of the region’s farmers retiring in the next 10 years, there is concern that new farmers will not be able to afford to enter the sector to replace them.” The study noted, “The high cost of land is a barrier, not only to new farmers, but also to those wishing to expand their business. This is due, in part, to agricultural lands being purchased by non-farmers and held with low risk for speculative purposes.” As the southern Vancouver Island population grows, farmland is appealing to those who want to put down roots in a rural setting and are willing to pay between $100,000 and $200,000 an acre. While the cost of farmland across BC increased by 6.7 percent in 2018, on Vancouver Island it jumped by 21.7 percent, the highest regional increase in the country, according to Farm Credit Canada’s Farmland Values Report. Saanich Councillor Nathalie Chambers, who farms Madrona Farm in the Blenkinsop Valley with her husband David, has fought against development and dumping of fill in the soil-rich Blenkinsop Valley. Chambers believes the price of farmland and non-permitted activities, which degrade the soil and pollute watersheds, are the largest obstacles to saving farmland. And, she adds, “Mega-mansion carbuncles are totally contagious.” Linda Geggie, executive director of the Capital Region Food and Initiatives Roundtable (CRFAIR), agrees mega-homes are a problem. “A lot of people say that on most of the land on the Peninsula, the biggest crop is large estate homes,” said Geggie, who believes urban containment zones are a valuable weapon against development on rural land, especially when combined with stricter enforcement of zoning restrictions. “We need to contain sprawl, but the challenge is that there’s so much competition for that land, and there’s a lot of non-farm use now for those farmlands because we have a low stock of industrial land and we are in a housing crisis,” explained Geddie. Linda Geggie Surprisingly, given the breakneck pace of development in areas such as West Shore, only 45.6 (of 16,000) hectares of ALR land in the region has been removed during the last decade. However, that does not mean the remaining land is being farmed. And even if it is farmed, the extent of the crop is often only enough to graze the limits of the farm credit, giving a significant tax break to owners. A few fields of hay or a couple of pigs can reach the $2,500 production figure that gains a farm tax credit on smaller properties. A November 2016 Globe & Mail investigation into farmland in the lower mainland noted, “Effectively, wealthy investors and speculators are receiving millions in tax breaks not meant for them.” Yet upping the sales limit for farm status could have unforeseen consequences, say advocates such as Geggie. “It really depends what you’re producing, because if you’re producing carrots, that’s a heck of a lot of carrots…You also have some farms that are just starting out—developmental farms—and it’s hard in your first couple of years to make a lot of income,” Geggie said. Still, she believes there could be more nuanced categories in the farm tax credit regime. The Province has struggled to control mega-mansions on ALR land. Agriculture Minister Lana Popham told Focus that, after tweaking an initial proposal, she believes proposed new rules that would allow secondary homes of 1,000 square feet and restrict primary residences to 5,400 square feet provide the correct balance. But if land is in the ALR, why are the owners not required to farm it? Not possible, responded Popham. “There are quite strict rules about what is allowable activity and what isn’t, but actually forcing people to farm is not something we can legislate,” she said. “What we can do is make farming more viable so that it’s an option they will choose,” she said. Agriculture Minister Lana Popham A series of initiatives to encourage farming, at provincial and regional levels, are making a difference, Popham said. “It’s like turning a giant cruise ship around. You’ve got to connect all the dots and get everything in place and then as soon as it starts to move, it really starts to move, and I really feel that is starting to happen,” she said. Part of that dot-connecting is a series of food-processing hubs around the province that make it possible for farmers to create value-added goods—such as baked goods, beverages, condiments, and broth. Three are already in operation, and more are planned. “They are really going to be places where people who wanted to start an entrepreneur business were stuck in a small space or home kitchen. Now they can move to a commercial area where all the boxes are ticked off…so they can get those products out,” Popham said. Creating markets for farmers is one of the keys, said Popham, and a recent game-changer has been getting BC products into the health care system. Health authorities spend vast portions of their budgets on food, and the Province is encouraging them to buy BC-grown food, such as berries, eggs, vegetables and frozen meals, Popham said. “It’s really working. There are all these new business opportunities that are popping up,” she said. THE AVERAGE AGE OF FARMERS in the capital region is 57, with more than half planning to retire over the next decade. Many members of the next generation are not interested in taking over the family farm, so protecting the land base and persuading others to farm the land are key challenges in the quest for regional food security. The regional district is working on an agricultural land use inventory. It is also in the final throes of creating a foodlands trust, which will see participating municipalities put municipally-owned land into the trust, to be protected as agricultural land. (And perhaps down the road, purchase farmland for that purpose.) The aim is for the regional district to then work with a non-profit land manager, such as CRFAIR, to lease the lands to farmers or community organizations. Community farms already exist in the region, including Haliburton Farm, Newman Farm, Lohbrunner Farm, Burgoyne Farm, and the Sandown Racetrack lands, Geggie pointed out. “There’s an interest, and the foodlands trust is a framework for moving that forward,” she said. “It’s a pretty exciting thing, because people really do value local food now…It’s such an important thing for sustainability in our region,” she said. The idea of a foodlands trust has been controversial because of fears it would give some farmers an unfair advantage. But Geddie noted the land would be leased at market rates, and tenant farmers would have long term leases, giving them security to make investments such as irrigation systems or greenhouses. It is one way to address the exorbitant value placed on any land in a hot real-estate market. “It’s not going to solve the whole problem, but it is a strategy—a tool,” said Geggie, who wants to see the amount of locally-produced food consumed in the area grow from less than 10 percent to 25 percent by 2025. (So far, eight of the region’s municipalities have indicated their support, though Esquimalt, Langford, Colwood and Oak Bay do not support it.) Along with protecting the land, there is a need to look at the types of food that can be grown in the era of climate change, Geggie said. “The diet that we are eating now is not the diet we will be eating in 10 years,” she said. Some of the more innovative crops are coming through the Young Agrarians land matching program, supported by the provincial government, which matches young farmers to landowners who no longer want to farm their land, or who want to lease part of their land. Young Agrarians in BC now have almost 290 hectares in production through 65 matches. In addition to the land matches, the organization provides education and support for new farmers, said Darcy Smith, Young Agrarians BC land program manager. “We have worked with everything from small-scale market gardens, to mushroom production to goats to a buffalo dairy,” Smith said. “People are turning back to farming as a career and lifestyle choice. They love working with the soil and looking after animals,” she said. Programs such as Young Agrarians and a foodlands trust are positive, but there is no magic solution to the local food production problem, especially when land costs are so high. Smith feels the first step is for people to be aware of where their food originates, and the importance of farming. Then, positive incentives, rather than new rules and regulations, are the best way to encourage people to continue farming or to consider it as a career, she said. “We all have to understand that this farmland is something that we, as a community, need to value,” Smith said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith
  24. January 5, 2020 Residents are concerned about possible bias and the sacrifice of green space as Langford continues housing push. “ONE DAY A FOREST, the next day a clearcut,” shrugged a Costco shopper, staring at a denuded patch that seemed to have appeared overnight above Langford’s big-box stores. The 20-hectare patch, slated for a mixed commercial and residential development, went through the usual processes at Langford City Council—including a public hearing—but for many it is hard to keep up with the breakneck pace of development in one of BC’s fastest-growing cities. New housing has transformed landscapes, from sprawling rural to small-lot urban, in areas such as Happy Valley and Latoria Roads. There is no sign of a slowdown, despite growing discomfort that the unremitting push to build housing means the loss of natural landscapes. Those concerns are exacerbated by suspicions that developers are controlling the agenda to the detriment of those pleading for larger lots and retention of contiguous green space. A new development in south Langford Langford’s Official Community Plan calls for 40 percent open space on previously undeveloped land. But wiggle room allows open space to drop to 25 percent if there is a significant community benefit, such as affordable housing or a school site. Critics say those requirements are often waived, or green space is divided into fragments, with playing fields or recreation facilities making up much of the mix, as opposed to more natural parkland. “They [council] often don’t follow their own requirements. They constantly make exceptions for…the benefit of the developer, not for the natural resource,” said South Langford resident Mike Turner. The “clearcut-blast-build” formula, followed by promises to plant saplings, cannot replace the loss of critical and endangered habitats, said a member of Citizens of South Langford for Sustainable Development, one of the recently formed groups asking for a more environmentally and socially sustainable approach to development. “Langford development requirements do not need to undermine the integrity of our natural ecosystem; instead, they should complement each other,” said Tim Allan, a member of the group. “The community has made it clear that preserving natural parkland is important…Council and developers need to hoist in that message, keep the lines of communication open with the community, and more deliberately integrate natural parkland into their planning,” he said. Langford incorporated in 1992 and the City’s aggressive push to provide housing has taken the population from 18,000 in 1996 to more than 40,000 today. Mayor Stew Young, who has been in charge since 1993, proudly proclaims Langford’s come-hither approach to developers, saying reducing red tape and delivering fast approvals remains one of council’s highest priorities. Langford is renowned for completing rezoning applications in six months, minimizing the time that developers are left in limbo holding expensive land, which helps them keep housing costs more affordable. According to Langford staff, the pushback from a few residents is weighed against the needs of a broad cross-section of citizens who need homes, along with the need to increase the tax base—which provides amenities ranging from sidewalks to arenas. Langford planning director Matthew Baldwin said there is some friction in South Langford because it is transitioning from the haphazard pattern of development pre-incorporation to a more organized, urban form of development. That means small-lot or condominium development in areas with more spacious homes or surrounded by green space which is used by the community. But it is impossible to roll back the clock 40 years to a time when there was no development pressure or housing crisis, Baldwin said. “You can’t do it that way any more because the fundamental economic underpinnings of land value and construction costs would make that home prohibitively expensive.” Speedy approvals of developments in Langford have come in for criticism (and will likely increase given the removal of the new 11-storey Danbrook One’s occupancy permit, forcing 86 households to move just before Christmas). Much of the approval work is done behind the scenes as municipal staff work with developers to fine-tune applications before they go to council. “Quite often we have robust discussions at planning and zoning and resolve a lot of the issues,” Baldwin said, noting, “By the time things get to a formal public hearing, there are often no more issues, as people feel their issues have been addressed. Members of the public who had concerns are aware that those concerns have been addressed, and then they may decide not to attend the public hearing.” He pointed out that no one turned up when there was a public hearing for 3,000 residential units on Bear Mountain. Councillor Denise Blackwell, who chairs the Planning, Zoning and Affordable Housing Committee, said background work by staff aims to bring unambiguous proposals to council. “By the time an application gets to the committee stage, it is usually just a matter of tweaking the proposal, adding certain conditions that suit the particular circumstances or address unforeseen concerns raised by neighbours,” she said, adding that, since incorporation, the total area of protected green space has increased from 8 percent to more than 20 percent. “Council has also worked to acquire strategic park lands, develop active recreation for all, and continues to support efforts of the region as a whole to protect green spaces through the CRD’s Regional Green/Blue Spaces Strategy,” she said. However, the City’s friendliness towards developers troubles some residents, dealing with what they see as a council that does not prioritize the environment. A group in the Latoria Road area was surprised when told by council that they had to deal with Draycor Construction Ltd to address concerns about a proposed development. Council was dismissive when the group first turned up at a council meeting, said Laurie Anderson. “We don’t agree with the lot sizes that are being proposed, and there are a lot of environmental concerns…They just dismissed us and said we had to speak with the developer,” she said. There is increasing concern that developers, many with long-term ties to the community and council, hold undue sway. The Planning, Zoning and Affordable Housing Committee, which provides advice to council, but does not have decision-making authority, is made up of two councillors and five appointed citizens including Kent Sheldrake, co-owner of Draycor Construction Ltd.; Art Creuzot, owner of Luxbury Homes; and Malcolm Hall, owner of Lifestyle Ventures development company and Solo Suites airbnb hotel. The six-member Board of Variance, which operates at arm’s length from council and deals with matters such as relaxation of zoning regulations or tree-protection requirements, includes Cliff Curtis owner of TBJ Properties; Jim Hartshorne, owner of Keycorp Developments Ltd and Westhills Land Corp; land development consultant Rachael Sansom; and Ron Coutre, owner of SouthPoint Partners Ltd and president of Westshore Developers Association. A spokeswoman for the Ministry of Municipal Affairs and Housing said no complaints have been received about the makeup of Langford committees. But some residents are alarmed by the perception of bias. A presentation on behalf of developers of the property behind Costco was made by Hartshorne, chair of the Board of Variance; a controversial rezoning application for 734 Latoria Road, made by Kevin Parker, co-owner of Draycor Construction, whose partner Sheldrake is a member of the planning and zoning committee, was approved with 17.5 percent green space, despite public opposition. The selection criteria used by mayor and council is unclear, Allan said. “Given its current membership, the Planning, Zoning and Affordable Housing Committee appears to be overwhelmingly weighted to favour development. With such an apparent bias, it is difficult for it to reflect the broad views from the citizens of Langford,” he said. Some members have served several consecutive terms and will continue to the end of 2022, Allan noted. “The [committee] needs to have a cross-section of representation from not only the developer community, but also public housing representatives, seniors, business, Chamber of Commerce, environmental groups, just to name a few,” said Allan. Turner pointed out that committees are usually balanced between interests such as citizens, First Nations, government, and environmental groups. “I would say that any committee making recommendations to government needs to be balanced between all the special interests that have a stake in whatever they are discussing. So to have it dominated by one group that has a clear, vested interest more than any other group is not appropriate,” he said. J.Ocean Dennie, founder of the Friends of the T’Sou-ke Hills Wilderness, is worried that plans to punch an alternate route to the Malahat will result in a sprawl of development, and he has little faith that Langford will protect wilderness values. “What it comes down to is who is sitting at the table, who is making the decisions and who is pushing the agenda. As concerned citizens, a lot of the time we just don’t have that information. We don’t have time to keep up with the backroom deals,” he said. Lawyer Matthew Nefstead, who was hired by West Coast Environmental Law to help those fighting for more Latoria Road green space, wrote in his analysis, “The fact that most, or all of the non-elected members are property developers who have dealings with the Committee and the City and who do not appear to declare conflicts of interest, presents—in my opinion—a reasonable apprehension of bias.” But Blackwell said some members of the committee are semi-retired and, as chair of the committee, she asks individuals to recuse themselves if there is a perception of conflict of interest. The argument heard from Langford staff is that council wants the expertise provided by developers and, for environmental input, relies on registered professional biologists or professional foresters. “I don’t think it would serve anyone on the committee or council or the public at large to have one qualified professional questioning another qualified professional’s opinion,” said a staff member. With controversy over the makeup of committees, there is a push for more transparency from Langford council—one of the only municipalities in the Capital Regional District that does not webcast meetings. “Why are there no cameras recording the meetings?” asked Terrie Wilcox, who mobilized a group of neighbours worried about overdevelopment in the Goldstream Avenue area, where plans call for redevelopment of St Anthony’s Clinic, including a 15-storey condominium building. Wilcox worries that development is racing ahead of infrastructure, and most of the input heard by council is from tradespeople and developers. “I agree with development due to the housing shortage, [but] Langford is moving far too fast with very little change, if any, to infrastructure,” she said, pointing to road dust on her patio table from incessant traffic. Like many Langford residents, Sarah Forbes agrees that housing development is needed, but the “pitchy-patchy approach” of separate developers is resulting in isolated communities connected by commuter corridors. “With the large-scale development, we could have some really world-class communities if we had a more sustainable approach to development. It’s a huge opportunity that is being missed,” said Forbes. “I do support development. We need to grow as a community, but we can do better…We have this great opportunity to grow this whole city, and we could develop it more sustainably with real sustainable practices in mind,” she said. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith This story has been edited to reflect the correct name of Danbrook One, the development in Langford which had its occupancy permit revoked. An earlier version had referred to the development as Donwood One.
  25. November 2016 While most citizens oppose the bear trophy hunt, BC’s politicians seem reluctant to offend hunters. IT'S AN INCREASINGLY POPULAR CAUSE that, in BC’s politically sensitive, pre-election months, should have the two major political parties tripping over each other in an effort to adopt it as their own. Instead, provincial Liberals are literally sticking to their guns in support of the controversial grizzly bear trophy hunt while the NDP has not yet settled on a position. Polls have consistently shown that British Columbians dislike trophy hunting, a blood sport that sees foreign hunters paying upwards of $16,000 for the chance to shoot a grizzly bear for the sake of a head on the wall or a furry rug on the floor. An October 2015 Insights West poll found that 91 percent of British Columbians and 84 percent of Albertans oppose hunting animals for sport. The margin of error for BC is plus or minus 3.1 percent. But, so far, with the exception of the BC Green Party, those numbers are not enough to spark political support. Instead, a proliferation of diverse non-profit groups are taking up the challenge to protect the grizzly, which has been listed as a species of special concern by the federal Committee on the Status of Endangered Wildlife in Canada. Organizations such as Raincoast Conservation Foundation and Pacific Wild have approached the hunt from a scientific perspective for decades, while the newly-formed Justice for BC Grizzlies is appealing to would-be politicians to look at the ethics of killing for sport. Nine area First Nations, who comprise the Coastal First Nations, want to end the commercial grizzly hunt in their traditional territories and, together with Raincoast, have been buying up hunting tenures in the Great Bear Rainforest to reduce the threat to the bears. Another unusual approach is being taken by the fledgling Grizzly Bear Foundation, headed by philanthropist Michael Audain. The Foundation has launched a board of inquiry, holding meetings around the province, looking at threats such as habitat loss, food supply and climate change as well as hunting. The panel will submit a report to government by February. For those who are uncertain how to get involved, the University of Victoria’s Environmental Law Centre, on behalf of the David Suzuki Foundation, has prepared a legal toolkit “Facilitating Public Participation in Grizzly Bear Hunt Management in BC.” The toolkit first addresses the question: Why are grizzly bears important? Grizzly bears, it asserts, “are a vital ecological, cultural and economic resource in BC. They are apex predators that interact with other plant and animal species in their habitats and their population health is therefore a key indicator of the overall ecosystem’s health.” Lush Fresh Handmade Cosmetics is the latest business organization to become involved and will be launching a campaign this November at its 240 stores around North America. Lush is also producing a 30-minute documentary on the hunt. “I think people will be appalled that, in BC, trophy hunting of grizzly bears is still happening,” said Carleen Pickard, Lush ethical campaigns specialist. Meanwhile, Auditor General Carol Bellringer is looking at whether the government is “meeting its objective of ensuring healthy grizzly bear populations throughout BC.” Bellringer’s report is due this spring, but it is not known whether it will be released before the May election. While the Liberal government is showing no sign of changing course, the NDP is having internal discussions. “A couple of caucus meetings are coming up. Stay tuned…We know this is important and it’s on our radar,” said NDP Environment spokesman George Heyman. Back in the dying days of the last NDP government, in 2001, a three-year moratorium was imposed on the grizzly bear hunt. Immediately after the election, however, it was almost immediately rescinded by Gordon Campbell’s Liberals when they swept to power. Martyn Brown, Campbell’s chief of staff in 2001, said he believes the moratorium was probably lifted by ministerial order, rather than after any in-depth discussion or cabinet debate, and was likely the result of pressure from rural MLAs, many of whom were ardent pro-hunters. “It certainly wasn’t something that was a broad discussion that I can recall,” said Brown, who suspects the issue got lost in the many policy decisions and budget cuts made immediately after the Liberals came to power. Brown believes the grizzly hunt should no longer be ignored and he wants to see trophy hunting banned throughout the province, for grizzly bears and all other species. “It’s [because of] uncertainty about the management of the population and principally the ethical concerns,” he said. “Precious animals and wildlife are being taken for nothing but a trophy. They are not being taken for food or ceremonial purposes, they are simply for people’s self-aggrandizement and whatever twisted, distorted satisfaction they get from killing an animal,” he said. Brown is surprised the NDP are silent as he believes they have little to lose by coming out against the hunt. “If they really thought about it I think they would realize there’s a very small percentage of seats that might be at risk, if any,” he said. “The risks are so minimal and the rewards would be so much greater if they would just stand up and say and do the right thing and say this is a barbaric, out-dated hunt that needs to be stopped,” Brown said. Premier Christy Clark would also have little to lose by restoring the moratorium, Brown said. “But I don’t think the BC Liberals are even slightly interested in revisiting their position because of the likes of [Energy and Mines Minister] Bill Bennett particularly and others from rural BC who are defenders of the trophy hunt ostensibly for its economic value and its importance to rural lifestyle,” he said. Another factor is that the Guide Outfitters Association of BC (GOABC) is a generous contributor to the Liberals, with records showing that between 2011 and May 2015 GOABC contributed almost $37,000 to the Liberals compared to $6,000 to the NDP. The government position is that there is no need to halt the hunt as the grizzly population is healthy, with an estimated 15,000 bears, and the hunt puts money into the economy. “A Scientific Review of Grizzly Bear Harvest Management System,” commissioned by the Province and written by three biologists, concluded that, despite difficulties in monitoring and a lack of sufficient funds, BC’s procedures “have attained a high level of rigor, with a solid scientific underpinning.” The review, released October 18, recommended that there should be more opportunities for public consultation, increased cooperation with adjacent jurisdictions, and that BC should investigate whether conflicts exist between bear hunting and viewing. The Province should regularly be looking at elements such as habitat conditions and food availability and should provide additional funding, according to the review. “The future of grizzly bears in the coming decades will be challenged as the human population in the province increases. Rigorous planning, habitat monitoring, conservative harvest levels and a predictable level of research, monitoring and data research is essential for the continued conservation of this species,” says the report. Steve Thomson, Forests, Lands and Natural Resource Operations Minister, said the recommendations “will further improve grizzly bear management decisions in BC.” The notion that the province makes its decisions based on the best available science is challenged by critics who question both the Province’s population estimates and the economics of the hunt. Estimates of the number of bears in BC’s 57 individual grizzly bear population units usually rely on models, using known population densities from other areas, or the number of bears expected to survive in that particular habitat. The methods inevitably lead to uncertainty and some researchers believe numbers could be as low as 6,000, with kills much higher than the approximately 300 grizzlies killed by licenced trophy hunters each year that the Province reports. In addition to such hunting, a toll is taken by poaching, road kills, destruction of “nuisance” bears, and loss of habitat. A study by Raincoast, Simon Fraser University, the University of Victoria and Hakai Institute found kill limits are regularly exceeded and several sub-populations of grizzlies are on the verge of disappearing. On the financial front, research shows that bear viewing is far more profitable than bear hunting. A study by the Center for Responsible Travel, in conjunction with Stanford University, found that, in 2012, bear viewing groups in the Great Bear Rainforest generated “more than 12 times more in visitor spending than bear hunting.” The same researchers found that bear watching sent $7.3-million to government coffers, compared to $660,500 from hunters, and created 510 jobs, compared to 11 jobs created by guide outfitters. Retired university professor Craig Smith said such facts make the government’s stance completely inexplicable; bear viewing and hunting industries cannot co-exist. Smith recently threw his support behind Justice for BC Grizzlies. “Every bear you shoot is one you can’t view, so they’re killing the viewing industry,” he said. The Province maintains that BC has 100,000 resident hunters—and that hunters and guide outfitters combined put $350 million into the economy each year, a figure involving multipliers questioned by critics—and likely far lower than any comparable number for wildlife viewing. (Minister Thomson admitted in a 2014 legislative committee examining budget estimates that direct revenues from the grizzly trophy hunt amounted to $414,000.) Most hunters are not trophy hunters, of course. “I am a hunter, but I have never shot a bear,” said David Lawrie, a retired Provincial forests engineer and member of Justice for BC Grizzlies. Even the pro-hunting BC Wildlife Federation, with 50,000 members, is against trophy hunting. The Federation supported a bill, introduced last year by Green Party of BC leader Andrew Weaver, requiring all hunters to pack out edible meat from grizzlies and all other animals—which, in a round-about way, would ensure few grizzlies were hunted. “I suspect many a trophy hunter would find it difficult, if not impossible, to pack out several hundred pounds of trichinosis-laden grizzly bear meat across international borders,” he has written. Weaver’s bill died when the session ended and he has since clarified that he is against trophy hunting—making him one of the few MLAs clearly opposing the hunt. Trophy hunting is a “cruel, selfish and barbaric practice that is packaged and sold as sport,” he wrote, explaining that his bill—which was not supported by the guide outfitting industry—aimed to protect the rights of First Nations and resident hunters. Alan Martin, BC Wildlife Federation director of strategic initiatives, would like to see a similar bill reintroduced. “The BCWF only supports hunts that are sustainable and, when the animals are harvested, that the edible parts are taken out. If they don’t do that then it’s not appropriate to hunt grizzly bears or any other animal,” Martin said. “If you are going to utilize fish or wildlife then it should be consumed appropriately and not done just for sport,” he said. Martin also feels there needs to be more work in areas where there is uncertainty about populations and a close look at the effect of non-hunting mortality and changes in habitat, such as in the aftermath of the mountain pine beetle infestation. “If you don’t vary the harvest rates and manage accordingly, it will catch up to you as it has done in the south-east part of our province,” he said. Although grizzly bear meat is often thought to be inedible, as it sometimes carries the parasite that causes trichinosis, BCWF spokesman Jesse Zeman finds it tasty and healthy. The meat has to be cooked to a high temperature, which is why it is best in sausage, pepperoni or burgers, said Zeman, who lives almost entirely off wild fish and game. However, Zeman admitted, there are questions that need to be answered about the sustainability of the grizzly bear population. “That’s the big concern. That’s what keeps people up at night now,” he said. Chris Genovali, Raincoast executive director, however, is not in favour of Weaver’s type of pack-the-meat-out bill, calling it “daft.” “It is simply an endorsement of killing grizzly bears as long as we turn them into sausage or soufflé,” he said. “That’s nothing but a way to hoodwink the public into believing the trophy hunt is a food hunt…That would be worse than doing nothing,” he said. Genovali feels that the growing proliferation of organizations opposing the hunt, including business and tourism groups, shows that it is an issue that resonates with the public and crosses political lines. He finds it disheartening that, towards May 2017’s provincial election, neither the Liberals nor NDP are opposing the hunt. Unless political parties, or individual candidates, come out strongly and loudly against the hunt, there will be limited opportunities for voters to get their views on the subject across on election day. Judith Lavoie is an award-winning journalist specializing in the environment, First Nations, and social issues. Twitter @LavoieJudith.
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