Judge rules private landowners can’t block public access to B.C. lake

The Nicola Valley ranch’s position was that it owned Stoney Lake and Minnie Lake

  • Dec. 8, 2018 12:10 p.m.

–– Kamloops This Week

People in a packed Kamloops courtroom broke out in applause on Friday as a B.C. Supreme Court judge delivered a judgment described as decades in the making, ruling all lakes are public property and prohibiting private landowners from restricting access to them.

The decision was the culmination of a protracted trial spanning six years, pitting a wealthy private ranch — the Douglas Lake Cattle Company, owned by U.S. billionaire Stan Kroenke (husband of a Walmart heir and owner of the Los Angeles Rams, Colorado Avalanche, Arsenal and other professional sports franchises) — against the B.C. government and the Nicola Valley Fish and Game Club in a fight over access to two small fishing lakes.

The Nicola Valley ranch’s position was that it owned Stoney Lake and Minnie Lake because the bodies of water are surrounded by private property and alterations to the lakes had been made by the company. The ranch also claimed ownership of fish in the lakes by virtue of the fact it kept them stocked.

The fish and game club, on the other hand, argued B.C. laws don’t allow private landowners to control bodies of water or the fish inside them.

B.C. Supreme Court Justice Joel Groves ruled against the ranch. He determined roads in the area of the lakes that had been claimed as the property of the ranch were actually public. Groves also said the Douglas Lake Cattle Company may have to remove dams it has constructed to increase the size of some lakes, which resulted in flooded roads.

Groves ruled the ranch cannot lawfully block access to either lake, but he did place some limits on the actions of anglers, ordering catch-and-release fishing on both of the lakes.

“It would be nonsensical for a government to retain the rights to a lake if, by virtue of a single owner purchasing all the land surrounding a lake, that owner could prohibit public use or ownership of the lake,” Groves said in his ruling.

“It only makes sense that government would have retained the ownership of bodies of water, lakes, with the intention of the public being allowed to access water they retained.”

But, Groves added, there are limits.

“By access, I am not suggesting that there exists a right to motorboat or other vehicular access to bodies of water, but it only makes sense that the government’s intention in retaining ownership of lakes means that there is public access, as determined and regulated by government, to these lakes,” he said.

In his judgment, Groves also called out the provincial government for decades of inaction despite findings by provincial officials as far back as 1996 that the ranch’s actions were illegal.

“Yet the province did not respond to this apparent unlawful act. In fact, for over 20 years, it did nothing,” Groves said.

“Over 20 years, a privately held corporation, owning a large swath of land, prohibited the public from driving on a public road and the province did nothing. This is most unfortunate. … The province has continuously failed the citizens of British Columbia.”

Groves also issued a five-page epilogue imploring the government to change its laws and regulate access to address issues surrounding ownership and use of lakes and other Crown land. Failing to do so, he said, could lead to a wave of expensive litigation.

“First off, look at the Trespass Act. Is that really what you intend in today’s world?” Groves said. “Secondly, if you own the lakes of the province, which you do, can you not regulate access? There really is no point to ownership, otherwise.”

As Groves stood up to leave the courtroom — packed with about 75 spectators — supporters of the fish and game club broke out in applause.

Douglas Lake Cattle Company ranch manager Joe Gardner was not one of those celebrating.

“I think I want to read it and think about it,” he said of Groves’ decision. “I’ve got no comment other than that.”

Speaking to reporters outside court, Nicola Valley Fish and Game Club spokesman Rick McGowan called the decision “a win” for his organization, but not the end of the fight.

“It’s good for future litigation,” he said, noting he has been involved in the battle for lake access for 30 years.

Douglas Lake Cattle Company has not indicated whether it intends to appeal Groves’ decision.

Tim Petruk, Kamloops This Week

Like us on Facebook and follow us on Twitter.

Just Posted

Update: Natalie Wilkie earns silver medal at Para Nordic World Cup

Salmon Arm Paralympian adds a medal to her fourth place finish in Finland

Securities commission probe includes company planning to grow cannabis in Shuswap

Liht Cannabis Corp states it’s doing internal investigation, welcomes BC Securities Commission probe

Family saved but pets lost in Sunnybrae house fire

Firefighters from Tappen-Sunnybrae and South Shuswap fire departments extinguish blaze

Retailers feel impact of generous return policies

Technology data tracking can clamp down on fraudulent abuse

RCMP, civilian vehicles rammed in North Okanagan incident

Police attempt to stop truck near Enderby, thought to be tied to alleged Salmon Arm armed robbery

Story of the Year: Deadly Humboldt Broncos bus crash

The Canadian Press annual survey of newsrooms across the country saw 53 out of 129 editors cast their votes for the Humboldt Broncos bus crash.

Trump signs order to create US Space Command

President Donald Trump signs an executive order to create a U.S. Space Command.

Groups preparing new pipeline legal challenge, argue government’s mind made up

A Vancouver-based environment charity is readying itself to go back to court if the federal government reapproves the Trans Mountain pipeline expansion.

Notorious Toronto triple killer gets third consecutive life sentence

Dellen Millard gets third consecutive life sentence for father’s death.

‘Subdued’ housing market predicted in B.C. through 2021: report

The Central 1 Credit Union report predicts “rising but subdued sales” over the next three years, with little movement in median home prices.

A journey through 2018’s top pop culture moments

Was there any pop culture this year? Of course there was.

‘A stronger Alberta:’ Ottawa announces $1.6B for Canada’s oil and gas sector

Price of Alberta oil plummeted so low that Alberta’s Premier said Canada was practically giving it away

Wicked weather, including heavy snow, rainfall, hammers southern B.C.

Environment Canada has posted winter storm warnings for the Coquihalla Highway, Highway 3

Caretaker jailed, must pay back money after stealing $260K from elderly B.C. couple

Antonette Dizon, now 50, had been hired to provide extra care for Henry and Helen Abfalter

Most Read