Last July (2011) we told you about the Halalt First Nation’s win in the BC Supreme Court to protect water flow in the Chemainus River, when the BC Supreme Court ordered a halt to the use of water from the Chemainus Aquifer until the Halalt First Nation are meaningfully consulted. Unfortunately, the District of North Cowichan and the Province have appealed that decision.  The District asked the BC Court of Appeal to "stay" the lower court decision - essentially to suspend it until the appeal is heard and decided.  However, on Tuesday (October 11th) Madame Justice Bennett of the Court of Appeal refused to grant a stay - meaning that the District cannot pump from the Aquifer - at least for now. 

On September 13th, 2011, the Land Use Committee A of the Capital Regional District (CRD) voted to reject a rezoning proposal that would have allowed the controversial Marine Trail Resort development, at the boundaries of the Juan De Fuca Marine Trail Provincial Park.  The rezoning bylaw had been widely expected to pass, but a groundswell of public opposition – and a legal opinion funded by West Coast Environmental Law – helped convince the CRD Directors to oppose it.  Congratulations to all involved! 

Last week (on July 13th), Madame Justice Wedge of the BC Supreme Court sided with the Halalt First Nation and suspended plans to pump water from the Chemainus aquifer to be used in the District of North Cowichan.  The decision raises fundamental questions about how we manage water, and our assumption that there will always be clean water available for development.  West Coast Environmental Law is proud to have supported the Halalt First Nation in their legal challenge through a series of grants from our Environmental Dispute Resolution Fund (EDRF).