Legal Options WORKSHOP West Coast Environmental
Law SFU Harbour Centre, Vancouver, Friday, June 14, 1996
Introduction These proceedings are the summary of a workshop on urban stream protection organized by West Coast Environmental Law Research Foundation. This workshop brought together over seventy participants to discuss what legal tools are available, how they are being used, and what tools are missing to protect urban streams in British Columbia. The workshop was made possible with generous funding from the federal government's Action 21 Program, the BC government's Urban Streams Habitat Program and the Vancouver Foundation. The workshop was organized by Linda Nowlan, staff counsel with West Coast Environmental Law. Assistance was ably provided by Bill Andrews, Kristan Boudreau, Emma Child, Jessica Clogg, Ann Hillyer, Patricia Houlihan, Catherine Ludgate, Alexandra Melnyk, and Michael Rodgers. Thanks also to Christopher Heald for turning the proceedings into this publication. Special thanks to the Urban Streams Advisory Committee: Rod Bell-Irving of the Department of Fisheries and Oceans, Geoff Chislett of the Ministry of Environment, Erik Karlsen of the Ministry of Municipal Affairs, Martin Keeley of BC Wetnet/Fraser for Life, David Lane of the T Buck Suzuki Foundation, and David Loukidelis of Lidstone,Young, Anderson (who also serves on the Board of West Coast Environmental Law). And thanks to the workshop speakers: Emma Child, Ann Hillyer, Erik Karlsen, Mel Kotyk, David Lane, Otto Langer, Linda Nowlan, Richard Paisley, Craig Orr, and Toby Vigod. The workshop was facilitated by Julia Gardner and Julian Griggs of Dovetail Consulting. These proceedings are organized by the timetable for the workshop. After the list of participants, and the agenda, we present here the background paper for the workshop that was written by Linda Nowlan, and circulated to participants in advance of the workshop. On the day of the workshop, in the morning, presentations were made by individuals on different aspects of urban stream protection. The agenda describes each of the speakers. Where available, those speaker's notes have been transcribed in these proceedings. Other materials that were presented, such as overheads and diagrams, are also included. Following the speakers' presentations, we include a summary recorded and transcribed by Jessica Clogg. The record of the wrap-up session was recorded by Kristan Boudreau. In the afternoon session, participants broke up into small groups to discuss specific topics raised in the morning sessions. Point form summaries of those discussions are also included with these proceedings. A brief conclusion ends the workshop proceedings.
Table of ContentsParticipantsWorkshop GoalsAgendaThreats to urban streamsContinuing federal urban stream workRecent provincial initiativesPartners for Protection of Aquatic and Riparian Resources (PPARR)JurisdictionLegal options to protect urban streamsFederal legal toolsProvincial legal toolsMunicipal legal toolsPrivate Land ProtectionMissing legal toolsConclusion and Questions for Workshop ParticipantsThreats to Urban Streams and Community Activism, David Lane, T. Buck Suzuki Foundation SummaryDiscussionThe Fisheries Act Powers to Protect Urban Streams, Otto Langer, DFO Speaking NotesIntroductionThe problemOverheadsSummaryProvincial Legal Tools Fish Protection Act Toby Vigod, Ministry of Environment Lands and ParksSpeaking NotesSummaryDiscussionMunicipal Act Powers to Protect Urban Streams, Erik Karlsen, Ministry of Municipal AffairsUsing Municipal Bylaws for Stream Protection, Mel Kotyk, District of North VancouverSummaryDiscussionExcerpts from the District of North Vancouver Environmental Protection and Preservation BylawUsing Conservation Covenants to Protect Privately Owned Land and Urban Stream Habitat, Ann Hillyer, West Coast Environmental LawUrban Streams in Other Jurisdictions, Richard Paisley, UBCSummaryDiscussionMorning discussionWhat appear to be the main problems and gaps in the set of legal tools available for the protection of urban streams?Other Themes for the AfternoonCase Studies, Craig Orr, Steelhead Society Speaking NotesSaving Your Own Backyard: Steelhead Society of BC Paper (12.95.1)Sierra Legal Defence Fund Notice of Press Conference June,96Water Releases at the Cheakamus Power Plant: A Review of Licenced Diversion Operations SummarySummaryCase Studies, Emma Child, Land for Nature InitiativeSummaryDiscussionSmall Group DiscussionsWorking TogetherParticipantsPoints raised in DiscussionOther ideas on working together from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?"Memorandum of UnderstandingMunicipal ActParticipantsPoints raised in Discussion Other ideas about the Municipal Act from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Provincial Water ActParticipantsPoints raised in Discussion Other ideas about the provincial Water Act from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Public InvolvementParticipantsPoints raised in Discussion Other ideas about public involvement from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Private Land ConservationParticipantsPoints raised in Discussion Other ideas about private land conservation from Discussion: "Who needs to do what to improve legal tools for the protection of urban streams?" Conclusion |
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-- Last modified on 11/12/03.