qathet Regional District’s board of directors will seek a legal opinion over rejection of the proposed Texada Island Official Community Plan (OCP) bylaw by shishalh Nation in Sechelt.
At the March 30 regional board meeting, Electoral Area D director Sandy McCormick said she was satisfied with the consultation the regional district’s staff had made trying to engage with the shishalh Nation.
“I am satisfied that all due diligence was done and that every effort was made to engage them,” said McCormick. “I would like to move forward and I think this recommendation is important to allow the regional district to do that.”
At the March 10 regional district planning committee meeting, directors reviewed a staff report, which indicated that of the engagement with first nations, local governments, provincial and federal ministries and other organizations, one opposing response to the OCP came from the shishalh Nation. The staff report indicates the response from the first nation rejects the proposed bylaw, states the need for deep and meaningful consultation, and requests funding from the qathet Regional District be provided to the shishalh Nation to carry out a comprehensive review of the proposed bylaw.
McCormick, who represents Texada Island, said she would not want to see a process where OCP bylaw was challenged and thrown out in court, necessitating the process to start all over again. She said the people of Texada Island met for two and a half years to put together an OCP bylaw in draft form that was unanimously supported by the planning committee and strongly supported throughout the community.
“I don’t want to lose the product after dozens of meetings and presentations,” said McCormick.
She said that when she reads through the shishalh submission and the opposition to the draft OCP, there are dates that are clearly erroneous. In a letter to the qathet Regional District dated February 7, 2020, the first nation states that it was not adequately consulted or engaged regarding the OCP. The letter states that planning by the regional district began in 2017 but shishalh Nation was contacted on August 23, 2019 when all the proposed amendments had been completed and drafted.
“Engagement on long-term plans such as an OCP must be deep and meaningful, beginning at the start of the planning process,” the letter stated.
McCormick said regional district staff had documented 25 attempts to contact the shishalh Nation.
She said it was clear an effort had been made to contact the first nation during the planning process. She said the documentation shows attempts going back to April 2018.
“I’m concerned there are inaccuracies in the presentation that they have made to us,” said McCormick.
She said on one hand, she’d like to say go ahead and proceed with the OCP, but she sees the need to seek legal advice if there is a concern that the OCP will be thrown out at the end of the day.
McCormick asked if there was a risk the OCP could be thrown out if legal advice is not sought. Manager of planning services Laura Roddan said there is a risk. She said Whistler went through an OCP and was at a similar junction as the qathet Regional District with the Texada Island OCP and the Whistler bylaw was quashed over a first nations claim consultation was unreasonable.
“I know as a professional planner, we have followed best practices and followed the guide for first nations consultation that the province has put out,” said Roddan. “Our engagement started, as with all other stakeholders, in April-May of 2018. All stakeholders were treated equally.
“We reached out for contact, we maintained regular contact until we received responses and we did have 43 stakeholders participate. There was an expectation, staff to staff, from shishalh Nation to qathet Regional District staff, that a response was forthcoming. They just needed more time.”
Roddan said she was a bit surprised by the written response, hence the need for legal advice going forward.
Electoral Area B director Mark Gisborne said he was thinking of a third option, based on conversations he’s had with an indigenous leader. Gisborne said he was advised the emails and telephone calls don’t have the same gravity as sending a delegation. He said he was wondering if the regional district could hold off on the legal opinion and send a delegation to speak with the shishalh council directly.
City director George Doubt, who does not have a vote on the planning committee, said when he read the letter from the shishalh government, he thought it was somewhat confrontational. Doubt said perhaps there is another way than confrontation. He said he has read the shishalh Nation vision statement and guiding principles for land and resources.
He said the document indicated the first nation has a long way to go, particularly with response to Texada Island in its zone for traditional areas.
“Their land use plan coincides with what I hear the people from Texada saying what they want to do with the land,” said Doubt. “When it comes down to it I don’t see a lot of differences between the two governments with what they would like to see done with the land.”
Doubt said he would like to see a search for a couple of options instead of a legal opinion. One is to sit down with the shishalh Nation and talk about what the goals are.
“I’m not saying a legal opinion wouldn’t be helpful but there may be more than one choice about how to proceed,” said Doubt.
Electoral Area A director Patrick Brabazon said he was supporting the staff recommendation.
“My understanding from my contacts is this is not the time to insert ourselves into the Sechelt discussion,” said Brabazon.
He said the regional district would be buying time by going to the lawyers and, if, subsequently, they wish to sit down at the table, the regional district will know what its legal position is.
McCormick said she believes staff have done due diligence to include shishalh Nation, so she is confident the regional district has done everything it can to move the matter forward.
The planning committee carried a motion that the regional board receive the staff report on the Texada Island OCP and that the board direct staff to seek a legal opinion regarding next steps and any associated risk to qathet Regional District resulting from the rejection of the OCP by shishalh Nation.
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