Lake Access for Fishing Legal Fight

I don't get how this hasn't made the news. If ever anything pointed to a dirty government, this does.

Walmart is the biggest retail company in the world. I'm guessing they're also one of the largest advertisers in the world. Television stations and newspapers survive on advertising dollars. How many negative news stories do you see or read about companies and their majority owners who spend mega advertising dollars at all the major networks and newspapers. Don't bite the hand that feeds you.
 
This issue is in the Courts to decide. Why or what would any news media have to say? It has been covered for some time and the issue will be decided in the near future.

Let's not go all "Donald Trump" on it.
 
This issue is in the Courts to decide. Why or what would any news media have to say? It has been covered for some time and the issue will be decided in the near future. Let's not go all "Donald Trump" on it.
You mean claiming the court's decision is: "political?"
 
I cant blame the Merritt guys one bit-- good on them. Look at what has happened on Vancouver Island... We cant even go mushroom hunting in the fall over HUGH part of the Island . Hunting-- forget it unless you know someone with a key or are prepared to risk a trespass charge..... Lake fishing-- nope== that is shut down for the most part as well. Unless we get the politicians on board to get the companies to allow public access to OUR fish and game resources, then we may as well take up golf ( if you can afford $85 / day green fees or more ) There IS an election coming up-- time to start lobbying all candidates NOW !
 
Unfortunately, our governments support business rights over the public's rights. They just won't outright admit that is there position, as it would cost them votes.
 
With the imminent provincial election coming maybe we as a collective can start getting together as groups, clubs and individuals and asking our prospective MLAs their opinions on giving away crown land.
If questioned and they say that they are against it, bring up the 2 examples that have been in this forum as fodder to them.
It might shake them or at least if it comes up in the house they might remember that a constituent asked about this.
It's worth a try and shows that just not the people living in the area or in court also have concerns.
 
From a post on the Hunting Forum:

"Here's a letter that I received today which is addressed to Todd Stone, MLA for Kamloops-South Thompson. There is a correlation between this letter and the closing arguments by the lawyer for NVR&G.
Also note this in the context of the letter at the end of pg.4, "Finally, I would like to state that I find the Ministry of Transportation and Infrastructure’s actions absolutely do not support any concern for the public of BC. It is also my understanding that it is the duty of the Attorney General to look after the public rights in BC. As this is an election year in BC, I would respectfully request that this issue is resolved prior to the May election and that public access is restored to Corbett Lake. "

February 10, 2017

Hon. Todd Stone,
Ministry of Transportation and Infrastructure
940 Blanshard Steet
PO Box 9055, Stn Prov. Govt
VICTORIA, BC
V8W 9E2

Dear Sir:

This letter is in regards to some issues relating to the Ministry of Transportation employees actions with public access issues in the Nicola Valley. My name is Rick McGowan and I am the Chairman of our Access Committee for the Nicola Valley Fish and Game Club here in Merritt.

I’m sure you are aware of our clubs’ activities in trying to protect the publics right of access to public places and of our recent Supreme Court case in Kamloops for 20 days in January of this year.

The purpose of this letter is to discuss some recent letters from yourself and other government officials relating to this issue. A resident of Merritt, Ian Gordon, wrote a letter to you dated June 17, 2016. He stated some points on access to Corbett Lake. In your response letter of September 29, 2016 to Mr. Gordon, you stated that local Ministry staff looked into his concerns. You also stated that you were advised that Corbett Lake is entirely surrounded by private property and that a previous owner allowed public access. You also passed off the issue of fish ownership to the Hon. Steve Thomson. Mr. Tom Ethier, Assistant Deputy Minister, Resource Stewardship Division, responded to Mr. Gordon on behalf of Steve Thomson.

First of all, in Mr. Ethier’s response he states that Corbett Lake has no public access and that it was removed from the fishing regulations and that the lake is on private land.

Page 2.

Points of Concern:

1. The boat launch access to Corbett Lake falls completely within highway right-of-way – Plan H8095 – the original 66’ r/w plan of Highway 5A south.

2. The Land Titles Act legislates that a subdivision of a lot bordering a water body must provide access to that water, whether the bed of the water is public or private. An exemption to this legislation can be waived as long as an acceptable alternate access exists, which is the case at Corbett Lake.

3. Corbett Lake is not on private lands as it was excepted from all three Crown grants comprising the shores of Corbett Lake and, as such, the bed of Corbett Lake is public.

4. Corbett Lake has no exceptions listed to it in the fishing regulations and, as such, normal BC lake regulations apply.

5. Until the public access was illegally blocked Corbett Lake was stocked with public fish and the lake was cleansed of coarse fish also at the public expense.

Secondly, in March of 2005, an agreement to transfer or dedicate land was completed with the previous owner of the Corbett Lake Lodge. This is very concerning as I was a Ministry of Transportation employee working on Merritt’s District Engineering crew for 24 years and I was not aware that it was the mandate of the Min. of Hwys to close or block public roads or access to public places.

In the right-of-way, an acquisition of Peter McVey’s lots, being the then owner of Corbett Lake Lodge then, was negotiated that an “earthen berm” would be built on an adjacent district lot on highways r/w. Also, two fences would be constructed to further block public access to the public boat launch. Both of these obstructions to the access were built with public funds on public property. Mr. McVey would receive $1.00 (One Dollar) for all land required plus some other considerations. It is ironic that the author of this $1.00 (One Dollar) agreement, Mr. Darren Lincoln, is the same author of the proposed draft to close the Raspberry Road, Loon Lake Road and the Stoney Lake Road for $1.00 (One Dollar) and a r/w trade agreement. This was a proposed disposition of Crown land contrary to the provisions of the Land Act.

In our Court case the government lawyers neglected to produce all evidence as required by discloser laws. Under a threat of a Court Order some of these documents were produced at the “twelfth hour”, almost too late. The lack of these documents has seriously and, I believe, purposely, hampered our club’s ability to a fair trial. The trial Judge, Joel Groves, alluded to Sherry Eland and Darren Lincoln’s involvement in this case as – “it stinks”.

Continued...
 
Page 3.

In a confidential issue note by Blair Lextrom it states that a meeting was held on January 20, 2012 with the Highways Regional Director, Norm Parks, and District Highways Manager, Sherry Eland, and our club to answer any questions. There was no mention of any proposed draft to trade the roads or close the Stoney Lake Road. In Norm Parks and Sherry Eland’s letters they insisted that the Stoney Lake Road was not a public road, all of which is untrue.

On July 23, 2002, a letter to Kathy Evans, Senior Licencing Officer, Agriculture and Licencing Compliance Branch, was written to Gavin Last, Senior Legislative Assistant. This letter relates to access to Minnie and Stoney Lakes and it is very similar to Corbett Lake. It is summarized as the landowners do NOT have the right to circumscribe the public’s right to fish. As well you will note that in the last paragraph it mentions to not inform Mr. Earl Stoesigger or the Douglas Lake Cattle Co. about these assessments. This letter is another letter not disclosed by the government lawyers when it was required.

Another document that was lately disclosed is a “strictly confidential briefing note” authored by Mr. Al Martin, the Assistant Director of Fish, Wildlife Allocation Recreation Branch, Ministry of Water, Land, Air and Parks. This brief discusses three options of how the BC Gov’t was considering how to deal with landowners, and in particular, the DLCC, who wanted to take control over public lakes by blocking public access. Three deputy ministers signed option three recommendation. The concerning aspect of all this is that our club, First Nations and the public were never made aware of these plans by the BC Gov’t to give away public lakes. Al Martin testified in Court that the Ministry of Transportation and Highways were not included in these discussions and if this was true how did he know about the access issues at Minnie Lake. Also, it is very clear that a large number of documents relating to the Ministry of Highways issue of closing the Stoney Lake Road for a land swap as described in the proposed draft have never been presented through disclosure as required by law.

There is a string of letters from a member of our Club, Ed Hendricks, to John McQueen RPF, Acting Director of Authorizations, Thompson Okanagan Region, Ministry of Forests, Lands and Natural Resources. In Mr. McQueen’s response letter to Ed Hendricks of March 24, 2015 he states similar “facts” as to your letter to Ian Gordon. You both state that there is private land surrounding Corbett Lake. The truth about this is that the lake was increased in size some time ago by the issuance of an agriculture water licence issued to the Nicola Ranch. A dam was constructed on Corbett Lake’s property and this licence was discontinued years ago. While there may be private land under water, the water is owned by the Crown and our access is on this water that does cross both highway r/w plans and as such, as long as no one touched the land under the water, there is no trespass. This is obvious as the BCLS, John Graham, was

Page 4.

instructed to create private land between the highway r/w and the lake, but failed to do so.

From all of this evidence it is clear that the government is attempting to give public lakes and lands to private landowners for some political reason. My question, again, is the government of BC supposed to manage the natural resources for the benefit of all BC residents?

Now, getting back to the public access to Corbett Lake. If one looks at Highways R/W Plan KAP79448, signed on October 31, 2005, you will note that R/W Plan H8095 is encircled and contained by R/W Plan KAP79448. You will also note that on the south east end of R/W Plan KAP 79448 there is a portion of Plan H8095 that is outside of Plan 79448. This is the section of R/W Plan H8095 that includes the public boat launch that is a legislated requirement for the subdivision of DL 1589. You will also note that on the very bottom of Plan 79448 there is a 6.136m jog in this r/w on the lake side. Also note that the shoreline of Corbett Lake is dotted or dashed. This means that it was not actually surveyed and is approximate. The 6.137m jog was put in the r/w border by John Graham, the then BC Land Surveyor, that was contracted to place r/w monuments and pins on the new R/W Plan 79448. When I asked him as to the reason for this abnormal and irregular jog he said that it was to have land between the r/w and the lake. Fortunately for the public, John Graham did not tie in the existing shoreline and thought that 6.137m would be sufficient to affect that. But the new r/w still crosses the lake – thus still providing public access. As well, the boat launch area of Plan H8095 has not been closed and still provides public access.

Also, the owners of the Corbett Lake Lodge have convinced the local RCMP to charge local persons, myself included, on two occasions, for accessing Corbett Lake off the highway r/w. This action on behalf of the RCMP is obviously an attempt to intimidate the public to not go there. In both cases, trespassing and criminal mischief, the RCMP dropped the charges on the night before the case was to be heard. Ironically, upon my visit to Crown Council in Kamloops, looking for disclosure, both times, I was told that Crown Council had no file on these matters.

Finally, I would like to state that I find the Ministry of Transportation and Infrastructure’s actions absolutely do not support any concern for the public of BC. It is also my understanding that it is the duty of the Attorney General to look after the public rights in BC. As this is an election year in BC, I would respectfully request that this issue is resolved prior to the May election and that public access is restored to Corbett Lake.

I trust that you will take the necessary to properly research this important issue as I suspect that you may have been misinformed.

Page 5.

Thank you for your time and I am eagerly awaiting your timely response.

Yours truly,

Rick L. McGowan"
........................................................................................................................

The Collusion is MUCH more than Obvious here...

Cheers,
Nog
 
I just sent an email to the 2 candidates that so far are running in my area for the election. 1 Liberal and 1 NDP.
Bluntly I put it to them whether they personally and politically support making public crown land private and in-accessible by the public.
Either being land or lakes, as well as the free access to publicly constructed and funded roads and trails.
Just poking the bear to see what I get, if anything in response.
 
I just sent an email to the 2 candidates that so far are running in my area for the election. 1 Liberal and 1 NDP.
Bluntly I put it to them whether they personally and politically support making public crown land private and in-accessible by the public.
Either being land or lakes, as well as the free access to publicly constructed and funded roads and trails.
Just poking the bear to see what I get, if anything in response.
EXCELLENT mcallagan! Maybe also get ahold of the BC NDP Transportation critic Claire Trevena Toll (claire.trevena.mla@leg.bc.ca), the BC NDP tourism critic spencer chandra herbert (s.chandraherbert.mla@leg.bc.ca), and the BC NDP fisheries critic Gary Holman (gary.holman.mla@leg.bc.ca). Let them pressure for party and media attention.
 
Congrats on bringing the matter to the attention of the politicians. Just FYI, you may never get a response from them using emails. Emails while being super convenient are easily ignored. It is my understanding (I could be wrong), that if you actually send your correspondence via snail mail they are obligated to reply to their constituents. More of a hassle, but not as easily sent to the trash box.

Good on you for taking the time regardless of the response.
 
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