West Coast Environmental Law
Research Foundation Workshop

SFU Harbour Centre, Vancouver, Friday, June 14, 1996

Morning discussion

What appear to be the main problems and gaps in the set of legal tools available for the protection of urban streams?

• There is a growing realization about the importance of instream flows to fish, that no licence should be in perpetuity and that riparian legislation should cover the whole province. With regard to citizen participation, in an era of staff cutbacks, DFO admits that it can't deal with thousands of referrals. Perhaps including a right of appeal would be cheap and effective. The public should be notified when decisions are made.
• It may be better to have mediocre legislation with good enforcement than excellent legislation and no will. Try to separate politics from law and science.
• When talking to developers we have to address the issue of compensation for private land being affected by stream protection. Riparian law will directly affect these issues.
• We have all talked about partnerships. It would be helpful to discuss some of the most productive avenues for devolution.
• We need to "untax nature." The tax implications of legislative changes are unclear.
• The municipal field is ripe for greater citizen involvement/political action. Enough attention is not paid to this.
• With large projects, have highly paid consultants, but no review board, e.g., the Island Highway.
• Re: Waste Management Act. Interjurisdictional cooperation is necessary. Can use liquid waste management plans to get people to talk about it.
• In looking at proposed legislation, there is a need to look at addressing SLAPP suites (e.g. MacMillan Bloedel v. Galiano Conservancy). Should be punishable by jail. Citizens need to be empowered. There may be a role for public wardens.

Other Themes for the Afternoon

• Instream flows — put fish first.
• Ground water legislation.
• Riparian legislation.
• Mechanisms.
• Citizens to be involved (in face of cuts).
• Tools that citizens can use.

  - Notification

  - Public Process

  - Right of Appeal

  (Cheap, effective, reduced reliance on lawyers)

• Enforce what we have. Use coordination to bolster will.
• Separate "politics" from legal/technical issues.
• Compensation (riparian legislation must address).
• How best to build partnerships (responsibility, tools, resources and authority).
• Tax mechanisms (potential to support conservation).
• Process for citizen involvement exists — political process... (trench warfare). Don't recreate ineffective advisory boards.
• Review boards to oversee work.
• Waste Management Act — liquid waste management plans — use for conservation? Need for interjurisdictional cooperation.
• Environmental groups need protection from SLAPPs (misuse of justice system). Environmental groups need protection.
• Empowering citizens to undertake enforcement with authority.