Neskonlith legal challenge set for March

Action to proceed against SmartCentres and the city.

A hearing date has been set in the court challenge launched by the Neskonlith Indian Band versus the City of Salmon Arm and Salmon Arm Shopping Centres Inc.

Nicole Schabas, co-counsel for the Neskonlith, reports that a hearing has been scheduled for the week of March 19 in B.C. Supreme Court in Vancouver.

The band is challenging the Hazardous Areas Development Permit for the SmartCentres development because of concerns about flooding, as well as citing lack of consultation by the city. It is not seeking monetary reward or compensation of legal fees.

While SmartCentres has filed a response to the action, the city, the main defendant, hasn’t yet. Schabas said the city should have filed within 21 days of the July 28 petition, but must do so at the latest by mid-January.

Carl Bannister, the city’s chief administrative officer, said it will be done in January.

In October, he told the Observer that he believes there have been several reasons for the delays, one of which could have been SmartCentres’ new development permit, as well as the province’s involvement in the court action because of aboriginal title issues.

The province, which was a third party to the action, has now withdrawn.

Schabas said there is a “strong prima facie case (sufficient evidence to support a proposition) to aboriginal title and rights in the area. That is indisputable.”

She explained that the Attorney General always has to be notified when filing a judicial review. She said the AG’s department becomes involved “if they feel provincial interests are touched on. The issue here is the obligation to deal with the flood issues delegated to the city from the province… We’re saying there’s duty to consult.”

 

Just Posted

About 100 Scotch Creek residences without water after system damaged

Regional district reports someone tore lid off reservoir of Saratoga water system.

Lots of advance voting in the federal election for Salmon Arm

Advance polls remain open on Monday, Oct. 14 from 9 a.m. to 9 p.m.

Multi-talented musical couple bring their beautiful sounds to Shuswap

Pharis and Jason Romero come to the Nexus at First on Wednesday, Oct. 23

Contenders and Carlin Hall meet again for 18th annual magical visit

Much-loved musicians, Valdy and Gary Fjellgaard, along with Blu & Kelly Hopkins, tour Interior

Grey, damp, warm week ahead in Okanagan, Shuswap, Columbia

Environment Canada calling for clouds and showers, and warm temperatures, throughout the area

VIDEO: Langley woman’s security camera records its own theft

Langley family discovers early morning grab was recorded

‘My heart goes out to the mother’: B.C. dad reacts to stabbing death of Ontario boy

Carson Crimeni, who was also 14, was bullied relentlessly, his dad says

BC Ferries filling up fast with post-Thanksgiving weekend travellers

Monday anticipated to be busiest day of the weekend

Morning Start: How old is the Canadian Thanksgiving tradition?

Your morning start for Monday, October 14th, 2019

‘Wham-bam out the door’: Surrey man’s front yard left ruined by scamming landscaper

Resident warns neighbours to be careful of door-to-door salesmen

B.C.’s rural paramedic program expands, with home support

Advanced care ambulance staff added for six communities

Canadian Snowbirds plane crashes before air show in Atlanta

Pilot lands safely after ejecting from jet

Letter writer disagrees with human-caused climate change

“The cost of climate change” [Shuswap Market News, Letters, Oct. 4] is… Continue reading

Share crash data, private insurers tell David Eby, ICBC

B.C. monopoly makes drivers retrieve their own records

Most Read