Save Shawnigan Water

To understand both the frustration and determination of the Shawnigan community, you need only watch this video.

Shawnigan Lake is a beautiful community with a bright future, and we will never give up our efforts to protect our water.

 

Public Meeting, May 31st: Invitation for community input on rezoning application

A public meeting will be held at 7 pm on May 31st at the Shawnigan Lake Community Centre to obtain community input on rezoning application 1-B-15RS.

The owners of 3170/3172 Shawnigan Lake Road have applied to amend the
zoning designation of 3170/3172 Shawnigan Lake Road to legalize an existing
non-conforming saw mill presently situated on the eastern side of the subject
property. The property is currently zoned Suburban Residential (R-2), a zone that
does not permit saw mill use.
The CVRD Board has directed that a public meeting be held to obtain community
input on the application before deciding if it should proceed to the bylaw
amendment stage.
At the public meeting, CVRD staff and the applicant will explain the land use
application. The CVRD will then facilitate a question and answer session, and
persons who deem their interests to be affected by this application will be given
an opportunity to provide comments. A summary of the proceedings will be
recorded and presented to the CVRD’s Electoral Area Services Committee. Written
submissions regarding the application may be submitted before, during, or up to
one week following the meeting by:
Fax: 250-746-2621
Email: ds@cvrd.bc.ca
Mail and/or deposit at CVRD office: 175 Ingram St, Duncan BC, V9L 1N8
Please note that all correspondence submitted to the CVRD in response to this Notice
will form part of the public record and will be published in a meeting agenda that is
posted online when this matter is before the Board or a Committee of the Board.
The CVRD considers the author’s address relevant to the Board’s consideration of
this matter and will disclose this personal information. The author’s phone number
and email address is not relevant and should not be included in the correspondence
if the author does not wish this personal information disclosed. Please contact the
Planning & Development Department at 250-746-2620 or 1-800-665-3955, or the
Recording Secretary at the time of submission. For more information on disclosure,
contact the CVRD FOI Coordinator at 250-746-2507 or 1-800-665-3955.
A staff report to the CVRD’s Electoral Area Services Committee regarding the
application is available online at:
.
The report is also available for viewing at the CVRD office.
FOR MORE INFORMATION, PLEASE CONTACT:
Rob Conway, Manager, Development Services Division, Planning & Development
Department, by telephone 250-746-2620 or by email ds@cvrd.bc.ca

CVRD’s application to discharge stay dismissed

The BC Court of Appeal has dismissed CVRD’s application to have Madame Justice Kirkpatrick’s order discharged or varied.  CHH/SIRM are allowed to continue to operate until the Court of Appeal case is heard in August.

The CVRD was successful in its petition to the BC Supreme Court.  On March 21st, Justice MacKenzie declared the contaminated landfill to be a non-permitted use at the site on Stebbings Road.

The company applied for a stay of Justice MacKenzie’s injunctions, and they were granted a limited stay by Justice Kirkpatrick, which allows them to complete contracts that were in place as of March 21st.

CVRD applied to have that stay discharged or varied, but the Court of Appeal has dismissed that application, which means that the limited stay remains in place.

The stay order includes an undertaking from CHH/SIRM that they will remove any waste material imported after March 21st to the property if they are not successful in their appeals in August.

cvrd press release may 13th

Stay strong, Shawnigan.  Consider this image and remember, we’re on this journey together, and it’s not over until our watershed is protected.

iceberg illusion

CVRD files application to BC Court of Appeal

On March 21st, 2016, BC Supreme Court Justice MacKenzie ruled that the contaminated landfill located at 460 Stebbings Road in Shawnigan Lake is not a permitted land use, and he imposed a number of injunctions that prevent the importing of contaminated soil to the site.

The landfill site, which is also an active quarry, is owned by Cobble Hill Holdings (CHH) and operated by South Island Resource Management (SIRM), a subsidiary of Allterra Construction.

Justice Kirkpatrick of the BC Court of Appeal heard the stay application on April 6th, and issued a ruling on April 15th that granted a partial stay that would allow SIRM to complete six contracts – a total of 106,000 tonnes.

On April 27th the CVRD filed a court application to discharge or vary Justice Kirkpatrick’s April 15th order – it will be heard at the BC Court of Appeal in Vancouver on May 9th.

Discharge Vary Order News Release

Where are we at?

There has been a lot of discussion of the ruling that came down on April 15th from Justice Kirkpatrick, and it seems to have created confusion.  Did we win?  Did we lose?
 
The ruling allows SIRM to complete the contracts that were in place as of March 21, 2016. According to the documents submitted to the court, the volume of soil in those contracts is 106,000 tonnes. The company intends to resume hauling soil, and they have been actively working at the site and returning equipment.
Contracts allowed under the stay
 
How, exactly, could that be construed as a win?
 
Yes – it is only a partial stay of the injunction – but a stay that allows them to essentially double the volume of contaminated soil at the site.
 
Yes, the injunctions from Justice MacKenzie remain in place after the contracts from the stay have been fulfilled – but the company has permission from Justice Kirkpatrick to import soil until the contracts are complete or until the appeal is heard in August. That means four more months of truckloads of contaminated soil being dumped in our watershed.
 
For all of us in Shawnigan, every truckload of soil brought to that site is the opposite of a victory.
soil mountain
 
As I said many times after the MacKenzie decision, we have many more victories that we will need before this fight is over.
 
We await the Sewell decision on the Judicial Review.
 
We await action from the provincial government, which has ignored our community for four years.
 
We await the appeal hearing of the zoning decision in August.
 
The truth is that we are plunged back into uncertainty as a community, and that we face the grim reality of trucks continuing to haul – for now – contaminated soil to Stebbings Rd.
 
And we we continue to work hard, as a community. The teams we formed in December have continued to work together. We continue to support each other and take care of each other. We continue to act with kindness, generosity, and compassion towards each other.
 
And these are the most important things that we can do. We have won respect and admiration as a community for the ways in which we have chosen to pull together and care for each other throughout this horrible ordeal, and we’ve created a strong, loving community. A trusting community. Let us not allow that trust or compassion to be eroded.
 
We are all weary from this fight, but our greatest strength is each other – let’s remember to value what we’ve created in Shawnigan, and fiercely protect it.
 
We have known from the beginning that this will be a long fight, and it will be a hard fight. We are going down all avenues available to us, because we value our water so much that we do not intend to let the outcome hinge on a single court decision.
 
I intend to never give up with my efforts to protect our watershed, and throughout this entire ordeal, I have drawn my strength, my courage, and my determination from this community.

Not the news we were hoping for, but we will stay strong, Shawnigan

BC Appeal Court Justice Kirkpatrick has given a stay to two injunctions put in place with Justice Mackenzie’s March 21st ruling.

Her decision can be read here: Kirpatrick Decision to allow more dumping – Apr 15 2015

This is not what we had hoped for, but let us not forget that this is only a limited setback – the judge ruled the company can only proceed with contracts already in place, and not seek any further contracts.

This afternoon, I gave a speech at the opening of Shawnigan Lake School’s Model United Nations.  Here is an excerpt:

And so three years ago – when the Ministry of Environment issued its draft permit to South Island Aggregates, the question became, how do we think locally, and act locally?

We’ve done a lot of thinking, and we’ve also done a whole lot of acting.

We’ve written letters.

We’ve gathered vast amounts of information.

We’ve attended rallies.

We’ve generated hundreds of media stories.

We’ve attended protests.

And we’ve done things that I consider to be revolutionary, including:

We’ve gotten to know each other.

 We’ve decided to care not just about the water, but about each other, and about our whole community.

We’ve rooted our efforts in kindness, compassion, and love.

We’ve stood in front of trucks together.

We’ve sat in courtrooms together.

We’ve organized and attended fundraisers together.

We have imagined the celebration we will have – together – when this was all over.

In standing up against a company, against the government, and against a great injustice, we found ourselves standing together, and cultivating tolerance, compassion, and dignity while we affirmed our own human rights – and in particular, our right as a community to have safe drinking water.  All of those lofty goals from the UN charter – being worked hard for in our little community of Shawnigan.

Don’t forget, on a hard day like today, all that we have already accomplished.  And remember that our compassion and kindness for each other is essential.  Let’s support each other through this backwards step, and remember never to give up hope – indeed, we must insist on feeling hopeful, as that is what is required of us if we are to maintain the strength and determination that we need at this time.

10007034_10154081592430258_734563052138783918_n

The Beloved Community

It’s late at night on Easter Monday. It has been remarkable these last few days to see white blossoms on the plum trees, fat pink buds on the grape vines, and to bring in bright yellow daffodils from the garden. Life is bursting forth everywhere, which of course makes it the ideal time to reflect on the themes of renewal and rebirth.

Consider this: in the long, hard saga that our community has been through, three times pivotal moments have occurred right around Easter.

The week before Easter 2013: Ministry of Environment released SIA/CHH’s draft permit.

Two weeks before Easter 2015: Environmental Appeal Board (EAB) released its decision to uphold SIA/CHH’s permit.

The week before Easter 2016: BC Supreme Court ruled that CHH’s landfill is not a permitted use on the Stebbings Rd property.

(Not to read too much into the Easter theme, isn’t it interesting that on the third year, the Shawnigan community has experienced its own rebirth and renewal?)

For so many of us in Shawnigan, this last year has been one of the hardest years of our lives. Last spring, with the decision of the EAB to uphold SIA/CHH’s permit to dump 100,000 tonnes of contaminated soil each year for 50 years in our watershed, felt like a kind of death for our community.

Hopes, visions, and dreams, which had been steadily building in Shawnigan, were set aside as the community galvanized itself around a single, unwavering goal: to have the permit overturned and to have our watershed protected from the risk posed by 5 million tonnes of contaminated soil left in it for perpetuity.

Three avenues of effort were embarked on simultaneously.

Firstly, the CVRD moved forward with its zoning bylaw case, which was filed in BC Supreme Court shortly after SIA/CHH announced that it was “open for business and accepting contaminated soil” – as this meant that the company was indeed in contravention of the CVRD’s zoning bylaw.

Secondly, the legal team representing the Shawnigan Residents Association moved forward with filing an application for a Judicial Review of the EAB decision. The application filed in May presented evidence to support the SRA’s argument that the EAB decision was “substantively unreasonable.” Bolstering SRA’s argument was the document that emerged in July 2015 that appears to show a 50-50 profit sharing agreement between SIA/CHH and their qualified professionals, Active Earth Engineering.

Thirdly, and in my opinion, most importantly, the people of Shawnigan came together and galvanized into a highly determined, effective, committed, capable, and passionate community. Have no doubt – the tireless work of the Shawnigan community has been incredibly valuable on so many levels. The people of Shawnigan have demonstrated what needs to be done in the face of a failure of democracy, a failure of process, a failure of a government agency to look effectively at science, facts, and authentic concerns. The people of Shawnigan have demonstrated the importance of active engagement in standing up for a future that we want to create, rather than accepting a future forced on our community by one company.

save shawnigan water 4

And the people of Shawnigan have shown that some issues transcend all political boundaries. Shawnigan has invited and worked with an incredible number of allies. In a province that has its share of political divides, consider this: people of all political stripes have joined and supported Shawnigan’s efforts.

During the 2013 provincial election campaign, the four Cowichan candidates – Steve Housser, Kerry Davis, Bill Routley, and Damir Wallener all agreed on one thing: that Shawnigan’s watershed is no place for a contaminated soil landfill. Over the past year, NDP MLA Bill Routley has stood shoulder to shoulder with Green Party MLA Andrew Weaver, and been joined by MLAs Doug Routley, Gary Holman and NDP leader John Horgan on Stebbings Rd, all standing in solidarity with the people of Shawnigan Lake.

horgan at protest

Bill Routley has given 25 (!) speeches in the Legislature on Shawnigan’s fight to protect our water; and both John Horgan and Andrew Weaver have asked several questions during Question Period over the last year, and repeatedly raised the issue in the media.

standing up nov 16

Federal Green Party leader Elizabeth May, and both past and current MPs, Jean Crowder and Alistair MacGregor, have stood as allies with the people of Shawnigan Lake. During the federal election campaign, Green candidates Fran Hunt-Jinnouchi and Paul Manley, Liberal candidate Maria Manna, and NDP candidate Alistair all showed support and stood in solidarity with the Shawnigan community.  Alistair has recently taken his support right to the House of Commons, where he has introduced a private member’s bill that would protect Shawnigan Lake.

 

save shawnigan water 2

(Elected officials and candidates in this photo include: Doug Routley, Elizabeth May, Fran Hunt-Jinnouchi, Paul Manley, Steve Housser, Sonia Furstenau, Kerry Davis, & Gary Holman – and there may be more that I can’t spot!)

These political allies all agreed on one thing – that the protection of a community’s water source is essential, and far more important than politics. The Shawnigan effort to protect our water has not only transcended political lines and political boundaries, it has also been an example for how we can move beyond political divisions and recognize that we can indeed all work together for the greater good.

I am deeply grateful to all who have stood with us, and I hope that we will soon be coming back together for a momentous celebration.

There are so many who deserve to be acknowledged and appreciated for the efforts they have contributed.

Those who raised the alarm at the very beginning – who saw the danger coming and wanted to stop it in its tracks. SRA President Calvin Cook and the SRA Board members – who stepped up early as leaders and have led the community ever since. Former Area Director Bruce Fraser and the previous CVRD Board, which initiated the Supreme Court challenge and the EAB appeal. The incredibly hard-working lawyers, particularly Alyssa Bradley (CVRD) and Sean Hern (SRA) who have shown exceptional passion and commitment in their efforts. Cowichan Tribes First Nation, which has supported Shawnigan from the beginning, and Malahat First Nation, which came forward to support SRA’s application for a stay.  The administration, staff, and students of Shawnigan Lake School and Dwight School – both have been steadfast in their solidarity with the community.

protest 2015 2

All the people who wrote letters and showed up to protests even before the permit was issued. The people who organized events, rallies, endless meetings, and fundraisers – and all the people who attended the events, rallies, endless meetings, and fundraisers. The small group of people – led by Shelagh – who monitored the increasing truck traffic through the summer and fall. The people who got up early through the dark, cold, wet weeks in November and December to stand on Stebbings Rd. The hundreds who attended protests, the thousands who signed petitions, and the many dozens who raised their hands to be on a “team”. The dozens who worked together night and day to bring together Helicopter Day on January 6th. The hundreds who have tirelessly raised the profile of our efforts on social media (including two amazing and prominent Canadians, Raffi and David Suzuki!).

Also deserving of recognition are the researchers, the photographers, the hikers, the video-makers, the song writers, the artists, and the people who knew just when to offer a warm drink, a nourishing snack, a kind word, or a loving embrace. There are countless heroes and heroines, and what has been remarkable is that each and every person has been willing to give themselves to something greater, and in doing so, has contributed to creating something miraculous.

It has been a long hard journey – and one that is not over yet. An important victory has been won, but the permit has not yet been revoked and the soil that has been deposited has not been ordered removed. We will be on this journey together until these outcomes have been achieved.

The company has also filed for an appeal of this decision, and for a stay of the injunction that prevents them from bringing contaminated soil onto the site. We hope and pray that the courts will not see fit to allow continued dumping, and we also await Justice Sewell’s decision on a second injunction, based on the evidence heard during the Judicial Review.

I expect that many feel – as I do – weary from having to fight so hard to try to protect our water, but nonetheless determined to stay the course, no matter what.

I also feel that it’s valuable to take some time to reflect, and to consider all that we have learned and accomplished on this four-year journey.

We have learned vigilance, determination, steadfastness, and cooperation – particularly when it comes to protecting the water that we need for our community to thrive.

We have learned how catastrophically a “process” can fail. One person – a “statutory decision maker” with no ties to our community, who never visited the site applying for the permit, who did not adhere to the guidelines of his position, and who may not have even had the authority to make the decision he did – was able nonetheless to make a decision that has impacted the lives of thousands of people. And the Minister of Environment has chosen to hide behind this person for three long years – often dismissing the serious uncertainties, concerns, and evidence of irregularities that have been steadily accumulating the entire time.

We have learned of the pitfalls embedded in the “Professional Reliance” model, introduced by the BC Liberal government as a result of now Minister of Energy and Mines Bill Bennett’s “core review”. It was this model that allowed for SIA hiring Active Earth Engineering to act as the “qualified professionals” throughout the permitting process.

We have learned how to come together, how to become highly organized, how to work together over and over again, how to never give up, no matter how tired, how exasperated, or how bullied we feel. We have supported each other, cared for each other, helped each other through difficult times, and continuously expressed the love we feel for our lake, our home, our community, and each other.

Recently, I read an interview with a long-time environmental activist Rebecca Stolnit, and her words resonated deeply:

“There’s this idea that political engagement is some sort of horrible, dutiful thing you do, like cleaning the toilet or taking out the garbage. But it can be the most fantastic thing you do. It can bring you into contact with hope, with joy, with a sense of deep connection, with what Martin Luther King called the “beloved community.” “

We have created a “beloved community” in Shawnigan.  It has made us strong, and as we continue to move through this journey, we must continue to nourish it, and to defend it from those who may want to damage it.  We must make it the one true legacy of this terrible situation that we have been forced to endure.

Let us remember, above all, to cherish and protect our beloved community.

happiness

One year ago today…

One year ago today, I was in the Shawnigan Lake Museum when my phone rang, and everything changed.

I had been meeting with two of the “Ladies of the Lake” to talk about the Shawnigan Gathering – which had taken place the weekend before – and to begin to discuss the theme for the next year’s event.

I had begun to refer to the small group of women who had gotten together at the Chippery every Monday morning for months on end as the “Ladies of the Lake” – the women who contributed their time and energy  to plan, organize, and bring to life the community events that bring us together in celebration on a regular basis.  I saw them as the small, quiet heartbeat at the core of Shawnigan – committed to continuously breathing life into the community.

I had been elected in November 2014, and by March the Ladies of the Lake had worked with many in the community to help pull together Christmas in the Village, Family Day, and the Shawnigan Gathering.

We were heading into spring with a growing sense of optimism and hope developing in Shawnigan as we came together to celebrate, to remember, and most importantly, to dream.  At the Gathering, much of the dreaming was focused on the Elsie Miles Park, and the visions were in technicolour.

 

All though this period, there was nonetheless a cloud hanging over Shawnigan – the prospect of a contaminated landfill being approved at the SIA quarry on Stebbings Rd.  We all knew that our fate in many ways was in the hands of three members of the Environmental Appeal Board (EAB), and that at any time they could deliver a decision that would impact our lives enormously.

And on the afternoon of Friday March 20, 2015, that decision came down from the EAB.

Suddenly, the dreams were set aside, and in their place there was a nightmare.

Our gatherings were no longer to be in celebration. We have come together over this past year in worry, in frustration, in anger, and in protest.  Through four seasons we have continued to come together, time after time, steadily building our resolve as a community, making it clear that we have a future that we want to build, and that our future cannot be imposed on us by one company and the provincial government.

Ultimately, we have come together, over and over again, in solidarity.

 

It has been a long, hard year.  There is a pervasive weariness in Shawnigan, a deep-rooted tiredness that has settled upon us.  Despite this, we carry on, organizing the next fundraiser, the next event, getting ourselves to the next meeting.  We have woven into the fabric of the community a relentlessness kind of determination, which I believe will long outlast this particular battle.

This determination is one of many positive outcomes.  We are a unified community, we have learned how to effectively work together, we have gotten to know each other, we have rooted ourselves in compassion, kindness, forgiveness, and generosity, we have continuously adapted to shifting circumstances, and we have developed and nurtured incredible strength and tenacity.

We have made it abundantly clear that there is no giving up.  We intend to protect our watershed, no matter how long it takes to achieve that goal.

I have asked of you many times to “stay strong, Shawnigan.”  I am perpetually humbled by the strength of so many individuals, and by the collective strength of this whole community, and I have turned to so many of you for strength at times when I have needed it most.

And in this nightmare, we have not stopped dreaming.  We came together to preserve and protect Mt Baldy in perpetuity, and we have found moments to remember to gather in celebration.  And so often, we’ve talked about all of the positive achievements we will be able to accomplish once this nightmare is over.

Shawnigan Lake (Hughes)

So let’s remember to keep dreaming, to keep building, and above all, to keep believing that we will succeed in protecting our watershed and our drinking water from a threat that should never have been imposed on us in the first place.

This sad anniversary is also the first day of spring.

Let’s look forward to a true renewal and rebirth, when we will be able to come together to celebrate the end of this long, hard “winter of our discontent.”

Stay strong, Shawnigan.

 

Where are we at?

It has been an incredibly busy number of months for residents of Shawnigan Lake.

On Monday, February 29th, the Judicial Review of the Environmental Appeal Board’s decision to uphold SIA/CHH’s permit wrapped up.  After a total of 21 days of hearings, Justice Sewell assured the parties that he would deliver his decision on a stay as soon as possible, while reserving judgment on the decision to quash the permit.

We continue to wait for a decision from Justice Mackenzie on the CVRD land use case, which finished in early December.

In the meantime, the community shows no indication of relenting in its efforts to protect the water, and the future, of Shawnigan Lake.

The W5 episode on this story, “Trouble in Paradise”, will air this Saturday, March 5th.  A preview is available on their website: http://www.ctvnews.ca/w5/

On Monday, March 7th, Calvin Cook will join me at my Area Director’s meeting at Shawnigan Lake Community Centre at 7 pm.  Please come out for an update on what’s been happening, and an opportunity to have your questions answered.

Stay strong, Shawnigan. After Saturday night, all of Canada will know the story of our community’s long struggle to protect our watershed.

save our lake

 

Lot 21 gets a new owner

Congratulations, Province of BC.  You’ve recently acquired a brand new piece of property in the Shawnigan Lake area – the infamous Lot 21.

I’m not sure you’d consider this a dream property, though.

From the upper portion, you do get a nice view of Shawnigan Lake.  But that’s pretty much all it’s got going for it.

Lot 21, 460 Stebbings Road, Shawnigan Lake, BC.  Dec. 6, 2015.

Lot 21, 460 Stebbings Road, Shawnigan Lake, BC. Dec. 6, 2015.

It’s right next door to a newly permitted contaminated landfill, which is allowed to import soils laden with dioxins, furans, hydrocarbons, phenols, toluene, benzene – not the kinds of things you would want showing up in your soil or water. (By the way, BC – you did issue the permit for this landfill, against the wishes of, well, pretty much everybody, but especially everybody who lives in Shawnigan Lake. Any sober second thoughts?)

Fly Ash with workers Dec 15-5

There are also some issues about what’s been dumped on your new property – and what’s leaching off of it.  In fact, the Shawnigan community has been pretty concerned for quite a while about some particularly colourful and viscous runoff that oozes from the bottom of your brand new property right into Shawnigan Creek.  You’ve probably seen some photos.

blue boots 2

Of course, orange runoff can be caused by naturally occurring bacteria interacting with iron, but this sludge has been tested several times, and there some worrisome results.

Andrew Weaver, for example, found iron, but also of thorium, niobium, lead, lithium, scandium, tin, magnesium, chromium, cobalt, and more at levels that were between 3 and 18 times higher than upstream.  Andrew’s data and his analysis (which have always been public) are easy to find – just click here.

And recent sampling results show cobalt above Contaminated Sites Regulation levels. Oh dear – looks like you may have inherited a bit of a mess.

And how did it come to be that you – Beautiful BC – are the new owner of Lot 21?  Well, it appears that the previous owner, 0782484 BC Ltd, didn’t keep up with their tax payments, and so it was forfeited to Her Majesty the Queen in Right of the Province of BC.

Lot 21

And who is this mysterious 0742484 BC Ltd?  Well it has two Directors.  One named Martin Block, and the other Micheal James Kelly.

By the way, Beautiful BC – just to refresh your memory – these are the exact same two fellas to whom your very own Ministry of Environment issued Waste Discharge Permit 105809 for the adjacent Lot 23.

Funny how things work out, isn’t it?

You give them a permit for a 5-million tonne contaminated landfill facility, and they give you…a piece of land that may very well be contaminated.

(I bet you’re wishing that your records review that you did on this property last summer had been a bit more thorough – remember how they gave you records with the names of other companies on them? And how those records didn’t really tell you what was dumped, where the soil came from, or where it went? See What will it take for more on that.)

As you settle into your new property and get to know some of the challenges, I’d recommend you have a chat with your neighbours on Lot 23.  There’s an operating company there now, taking care of the contaminated landfill business.

They claim that they have nothing to do with Lot 21, and that the property is completely dormant. However, there’s been some recent activity you may want to be aware of.

This slideshow requires JavaScript.

Well, that’s all for now, Province of BC.

Welcome to the neighbourhood, and rest assured we have lots of friendly locals who will be keeping a close eye on your brand new property for you.