Trust urges Premier Clark, ministers, to watch…
The Gulf Islands Alliance (GIA) is pleased to announce its 13-minute film that celebrates the natural beauty of the Gulf Islands – Islands whose importance was recognized by the Islands Trust Act in the 1970s.
New – Islands in Trust – film by GIA extols importance of protecting BC’s Gulf Islands
For Immediate Release, December 7, 2016
The Gulf Islands Alliance (GIA) is pleased to announce the premiere showing of its 13-minute film that celebrates the natural beauty of the Gulf Islands – Islands whose importance was recognized by the Islands Trust Act in the 1970s.
“The film, Islands in Trust, does what words can’t do – properly show off this incredible place, the best evidence for saving it,” Says GIA Chair Roxanna Mandryk.
“The Islands Trust Act of 1974 was created to prevent our islands from being overwhelmed by urban waves from the Vancouver and Victoria areas. Like nothing else, the film shows what was at stake then, and still is today. It reminds us that this legislated vision remains our best hope for saving the islands’ natural environment and keeping the islands a remarkable place to live and visit” concluded Mandryk.
GIA is indebted to all the folks who made this film possible as “this film was made mostly out of love by volunteers”.
Videographer Bill Warriner spent hundreds of hours traveling to the islands, filming, editing and overseeing the production of DVDs. A retired social policy advisor and former London International Film School student, Bill is known for creating the You Tube channel Salt Spring Live. A fan of the Trust mandate, Bill’s film-work aims at “building and strengthening our community.”
The film is narrated by Arthur Black, three-time winner of the Stephen Leacock award for Canadian humour. Singer-songwriter Valdy – a member of the Order of Canada and Juno award winner – re-scored his popular Islander song for the film.
GIA was started 10 years ago to support the unique legislation and other initiatives that preserve and protect the Gulf Islands as a treasured environment.
For more information, contact GIA director Misty MacDuffee at 250 818-2136
The Islands Trust must strengthen its bylaw enforcement program to restore public respect for its ‘preserve and protect’ mandate Gulf Islands Alliance Chair Misty MacDuffee told Trust Council.
While she commended the Trust for some recent court victories in bylaw enforcement cases and for improved enforcement on some islands, she said “the feedback GIA is getting is that lack of enforcement is a major barrier to achieving the Trust’s mandate.”
GIA has learned that the Trust’s two enforcement officers are coping with approximately 150 cases. Alleged infractions include the illegal short term rentals of multi-suite homes and guest cottages, the sale of commercial products from residences, decks hanging over the foreshore and impeding beach access, the construction of buildings, additions and sea walls without permits or Trust approval, and various environmental abuses. Even when action is taken, some cases continue for months, even years.
“In some cases, strong bylaws are not enforced. In others, bylaws are difficult to enforce because of the way they are written. Violators are aware that prosecution is unlikely, so they proceed with impunity”, MacDuffee said.
MacDuffee’s presentation was made to the December, 2009, quarterly meeting of the 26-member Trust Council who regulate land use for the 13 Trust island areas.
GIA is also asking Trustees to implement recommendations made in its own Roycroft Report on bylaw enforcement, particularly to investigate weak language in existing bylaws and allocate funds for three full time bylaw enforcement officers. One officer is responsible for Salt Spring, Saturna, North and South Pender, Mayne and Galiano islands.
“One officer can’t possibly do an adequate job of responding to complaints over such a large area,” MacDuffee said. “No wonder islanders are frustrated.”
GIA also asked that revenues from successful legal actions be directed to the Trust’s legal budget to further supplement existing funds.
A recent letter to the Trust by Gisele Rudischer, a former Gabriola trustee and now a GIA board member, detailed some important insights into the enforcement issue:
“There is no point in writing new Official Community Plans and regulatory bylaws if they are not upheld.
“While going through the papers I accumulated over 12 years as a trustee and 6 years on the executive committee, I’ve come across numerous letters from residents of a number of islands pleading with the Islands Trust to enforce our bylaws.
“The credibility of the Islands Trust is at stake. To be taken seriously the Islands Trust must act when there are bylaw infractions. It is unacceptable that some cases go on for years with no resolution. On Gabriola, there is a steady stream of illegal dwellings being built under the guise of ‘studios’.
“The change in policy that allows bylaw enforcement based on advertisements of illegal activity, without a complaint, is not working. It seems there is no time, or stomach to enforce on complaints, let alone advertisements.
“Every week there are advertisements in the local papers for illegal rentals, yet there is no effort on the part of bylaw enforcement to control this problem. The attitude seems to be that if there are no complaints by neighbours, there is no action required. Complaints by residents who are not direct neighbours are characterized as nuisances.
“Other local governments deal with infractions more quickly and are taken more seriously” Rudischer concluded.
The Gulf Islands Alliance has appealed to the BC Ministry of Environment to introduce legislation to regulate hydrofracturing, a ground-water volume-increasing process that involves blasting. The practice, introduced by the oil industry, is used in some domestic wells on the Gulf Islands. Here’s part of the Alliance’s petition:
“No studies have been made by professional hydrogeologists on the impact of hydrofracturing on the region. The islands are small, water is a fragile resource, and domestic wells are vulnerable to salt water intrusion. Hydrofracturing may occur anywhere, without prior notification to neighbours, and with no recourse if a neighbour’s well is depleted by the process or ruined by salt water intrusion.
We support the concerns about hydrofracturing expressed by the Mayne Island Integrated Water Systems Society to the Ministry of Environment and the Ground Water Advisory Board:
- That no hydrofracturing be permitted, for any reason, within a set distance from the ocean (100 meters minimum distance recommended);
- That those using a hydrofracturing process be required to test the production capacity of community and private wells within a set circumference before the process begins, at the cost of the well driller. This will enable owners of nearby wells to identify negative effects resulting from hydrofracturing;
- That all hydrofracturing must be pre-approved by the ministry, recorded on drillers’ reports and maintained as part of the permanent well record;
- That community and private water providers be given advance notice and an opportunity to comment when hydrofracturing is proposed within or adjacent to a community water system, and
- That as part of the process to determine what regulations and policies will be adopted that consultation take place with the Islands Trust and with community groups with local knowledge on water issues.
We strongly urge that professional studies be made of the effects of hydrofracturing in the Gulf Islands at the earliest possible date and that each individual well to be hydrofractured in that region require a license from the Ministry of the Environment.”
This article was written by Dave Steen, following GIA’s public gathering on Salt Spring Island on October 24, 2009, both as a personal summary/ retrospective on the gathering and for possible inclusion in a book proposed by Trustee Jen Gobby. Her aim is “to profile and celebrate the climate action work happening on these islands; to bring together and promote the wealth of local knowledge and creative solutions to this global climate crisis.”
The Gulf Islands Alliance (GIA) was founded in 2006 on the idea that people across the southern Gulf Islands have a better chance to achieve community and environmental goals by getting together to identify and help solve common problems.
That challenge in recent months has become a lot more daunting because of the growing threat of climate change.
If you’ve ventured to ask what you can do about climate change you may have concluded – especially in these downcast post-Copenhagen days – that it’s all futile and overwhelming. Maybe you see contradictions in government policies that, on one hand, encourage you to add insulation to your home and ride your bicycle and, on the other, encourage industry to increase sales of lumber and coal to China. Maybe the image of the massive tar sand scars on Alberta’s landscape appear to you when you’re urged to buy locally-grown food or attend meetings to help rewrite your local land use bylaws to make fractional reductions to your personal and community’s carbon footprint.
Such concerns are within GIA’s purpose which supports the visionary Islands Trust Act that aims to preserve the islands as a special beautiful and fragile environment. Concerned about the widespread misconception that the Gulf Islands must accept a proportionate share of overflow population growth like other local government areas near Vancouver and Victoria, GIA commissioned a legal opinion that shows the Act places island environmental preservation and protection ahead of development and other land use initiatives. This environment-first sentiment, shared by many islanders, largely explains why attempts to install municipalities on Salt Spring and Gabriola islands have failed.
Until climate change loomed as an external threat, islanders and their Local Trust Committees were seen to possess the capacity and courage to fulfill the promise of the Trust Act. In this positive process, GIA has been playing a watchdog role as a volunteer, grass roots group with members on all the islands. GIA also coordinates and strengthens the influence of islanders through its website, newsletters, brochures, press releases, deputations to Trust Council, and organizing public gatherings. Like the Trust Act, GIA’s prime goal is protecting the islands ecology.
The complexity of social and environmental management is apparent when it comes to interpreting and enforcing the Act. While it and its companion Policy Statement set out bold and necessary goals and directives, governance sometimes falls short because it tries to serve various environmental interests and opposing and better-financed development interests. And the province weakens the Trust’s authority by its failure to provide sufficient funding and other support, such as granting more local control over forestry.
The Trust’s soft underbelly, though, is its weak bylaw enforcement program. It stirs public disrespect for laws and lawmakers. By late 2009 the Trust employed only two bylaw officers, handling a whopping 150 cases. It refuses to take some violators to court because of the high cost and/or the fear that judges might accept bylaw language as it’s interpreted by defendants’ lawyers over how it would be understood by the average person. Many un-prosecuted violations, such as the illegal rental of guest cottages, mock community-approved and environment-driven population density allocations and limits. GIA is lobbying for full bylaw enforcement.
Now, added to this mix of manageable problems is out-of-control climate change. If its predicted impacts come true, rising sea levels, loss of biodiversity, and population dislocations will dwarf other threats to the islands environment. All our necessary local work will be like building sand castles on the beach as the tsunami approaches. So far, according to the United Nations, current international commitments to restrict carbon emissions will result in a 3 degree rise in average global temperatures, enough to shrink thousands of waterfront properties on the Gulf Islands, along with causing other kinds of mass chaos here and across the world.
But there’s a distance, even a disconnect, between this horrific threat and the world’s response, particularly Canada’s. In 2006 we stood alone among signatories to the Kyoto Protocol by officially abandoning our targets to cut greenhouse gases. We had promised to cut emissions by 6 percent between 1990 and 2012. Instead, we raised them 26 percent. Author George Monbiot says, “Canadians have almost the highest per capita emissions on earth, and the stripping of Alberta has scarcely begun.” In a small and telling move, the CBC bumped Copenhagen and climate change, but not Michael Jackson or Tiger Woods or Balloon Boy, off its list of the top nine news stories of 2009.
Despite compelling scientific evidence and ubiquitous images of the shrinking polar ice caps, some flat-earth people continue to deny climate change. Stories may have two sides, facts don’t. Some deniers are invested in carbon-pollution. Some don’t care or find it too inconvenient. Some argue it’s too disturbing, surreal, or just the wild imaginings of the 21st century brand of quirky doomsayers.
Fortunately, reality is marginalizing deniers, just as it did on a smaller scale in the tobacco smoking versus health battle a few years ago. Now, many believe the measures we’re taking to combat climate change aren’t enough. The magnitude of Islanders’ anxiety over climate change was evident in a one-day public ‘gathering’ on Salt Spring Island staged by GIA in the fall of 2009. The 137 attendees took part in small groups to discuss on-island proposals and programs to keep us sustainable and reduce our carbon footprint, and then heard different approaches from featured speakers – a rather sobering outlook by Neil Dawe of the Qualicum Institute and a more upbeat one from Guy Dauncey, author of The Climate Challenge, 101 Solutions to Global Warming.
Dawe said that life as we live it now is unsustainable. He cited economic and population growth as the root causes of ecological damage and climate change. Mankind’s excessive material demands outstrip the earth’s supplies, he said. “Any organism that disregards nature’s limits ultimately threatens its own existence,” he said. Explaining his pessimism, Dawe said that we’ve never had more environmentalists, more public interest in the environment, and more regulations than we do now. And we’ve never had more environmental degradation. “What we’re doing isn’t working.” Dawe says it’s an old and common mistake to balance, as equal players, environmental, economic and social needs. Without the environment, economic and social survival isn’t possible, he says. It’s also a mistake to believe that the economic and social systems that got us in this mess can get us out. It’s time for new and daring ideas. But Dawe’s solution, a ‘steady state’ economy, will be a hard sell, at least, until the deadly impact of climate change shows up in our own neighbourhoods.
Dauncey said the solution rests with reducing emissions and building a zero carbon world that is attractive and sustainable. He says the prospect of climate catastrophe can spark a peaceful, ecologically sustainable solar age and a world ‘powered and transported by 100 percent renewable energy, with green cities, zero waste, carbon-storing forestry, farming and ranching.’ “When we look at the world from this perspective, there are signs of hope and new life all over the place – and many come from small communities where people have a higher level of community trust and a greater willingness to embark on a new great adventure – places just like the Gulf Islands,” he said.
So, GIA is adding climate change to its list of more traditional environmental challenges for the islands. While we applaud the province and Islands Trust for demanding changes to local bylaws to help reduce greenhouse gas emissions, no islander should be satisfied that these will be sufficient contributions to the solutions of climate change.
Much more is needed. Whether you’re more optimist or pessimist, localist or globalist or somewhere in between, GIA encourages you to be part of the solution. In this, GIA’s role is only as effective as the number and enthusiasm of its members and supporters and the wisdom and reach of its initiatives. We invite you to join us. The first step is to educate ourselves so we can independently assess the problem and consider the best solutions/actions. For instance, we must learn to be wary of over-hyped solutions, such as ‘cap and trade’ programs. This scheme, successful in reducing acid rain a few decades ago, involves placing a cap on each company’s carbon dioxide emissions. A company can either reduce its emissions or buy credits from another company that has gone below its cap. Critics suggest that we can’t buy our way out of this jam and that establishing ‘a giant international market in pollution’ is a delusional strategy, a corporate sleight of hand.
It’s also vital that we understand how little time we have. Nature isn’t waiting while mankind dithers over if and how to mitigate and cope with climate change. We’re on a track to calamity. How close do we have to get to it before we try to jump off? Some scientists say it’s already too late, our fate is sealed.
Climate change is a warning, a lecture, and a plea to treat nature better; it’s an end point of an abusive relationship. Nature made us what we are and we’re corrupting the very things it uses to nurture us. Do we value nature too much for how we can change her and too little for what she is unchanged? We justify the abuse in the name of progress, comfort and convenience. We freely use up nature’s resources to make more things than we need. We pay ourselves to produce and transfer goods. Now we’re learning that we’ve accumulated an environmental debt, one we ignore at our peril. It’s a hugely complicated issue, pointedly unsettling for our western democratic values, because it raises moral and political questions about private property privileges versus the common good, between individuals and between nations. The right to create wealth must be coupled with the responsibility not to impede any person’s best opportunity for legitimate fulfillment?
We must also appreciate the fact that each of us can and must act to make a positive difference. We may not be sure of the outcome; we can be sure of our resolve. The alternative – to leave it to others, who may do nothing, too – is unthinkable. Neil Dawe quotes Martin Luther King Jr: “There comes a time when one must take a position that is neither safe, nor politic, nor popular, but one must take it because one’s conscience tells one that it is right.” Dawe says our best hope to contain climate change is to first assemble enough people of conscience to form the critical mass required to move a community, a nation, a world. From that movement, enlightened, effective leaders will emerge. It hasn’t happened yet. The U.S. borrows heavily from its future generations to fight in Iraq and Afghanistan, but won’t finance a war against greenhouse gas emissions to save its future. On climate change, Canada’s policy is to hitch its star to the U.S.’ Paul Hawkin, in his book Blessed Unrest, writes: “If we try to calibrate American superiority by its treatment of the environment, the United States is one of the least intelligent civilizations in the history of the planet… Living within the biological constraints of the earth may be the most civilized activity a person can pursue, because it enables our successors to do the same.”
Copenhagen was a grandiose triumph of selfish national interest over the common world good. Ironically, its importance was lost in the bustle of Christmas shopping. This failure, though, can be seen as a perverse invitation to accelerate citizen action worldwide.
If you’re concerned about your island’s environmental sustainability, we would like to hear from you. GIA was formed after a recognition that we could achieve more by acting together than working independently on each of our islands.
By Dave Steen
This story first appeared in the spring 2009 GIA newsletter.
Islands Trust is well positioned to become a world-leading local government model in its preparations for a leaner future less dependent on oil and more vulnerable to climate change.
Its unique preserve and protect mandate allows it to easily adopt the best ideas from progressive movements that promote slower growth and high maintenance of authentic, rural communities.
And the new Trust Council says it’s ready to roll up its sleeves. It has committed to focusing on its core services such as land use planning, mapping and bylaw enforcement while reducing pressures on island taxpayers.
The Trust’s new executive committee says ‘local and global economic instability’ has also influenced the selection of work it will tackle such as ‘affordable housing, food security, climate change and improved communications with constituents.’
Council can march forward aggressively on two fronts: legislation and education.
While development pressures fizzle, the Trust can devote more attention to such chores as plugging loopholes in bylaws, increasing setbacks from high tide lines, limiting house sizes, upholding short term vacation rental bylaws, discouraging time-share housing, and planning transportation systems that cater to pedestrians and cyclists and discourage fuelled vehicles.
But a cold, strict legislative strategy will fail unless islanders are persuaded the unique vision for the Gulf Islands is desirable and achievable. The Trust must do much more to reach out and tell its story. Its success depends on winning hearts and minds to the idea that the islands are so precious they must be saved from unplanned, exploitive growth.
It’s okay to think big, to see that what we do counts just as much as what others are doing elsewhere to help or hurt the world. Our fate rests not just on how well we treat each other, but on how we treat our environment.
This scary economy seems to have softened some people and made them more contemplative. With the stock market and their net worth under attack, they’re looking in other places, such their families and communities, for human warmth, safety and meaning.
The rapidly expanding field of sustainability studies trumpets some of these traditional values along with the multiple benefits that flow from land and resource conservation and biodiversity.
Here’s a quick look at some of those ideas.
The ‘transition town movement’ is taking hold in parts of Britain and the U.S. Rob Hopkins in his book The Transition Handbook: From Oil Dependency to Local Resilience says communities must prepare for economic contraction and hardships. With dwindling global energy, minerals, usable water, food-production and forestry resources, it’s impossible to predict what social and economic strife lies ahead. But, the economic meltdown – it has robbed some people of their homes, jobs, and retirement security and increased our self-dependence – is pressuring us to reduce our consumption and simplify our lifestyles. Coincidentally, environmentalists have long espoused these conditions as desirable; now they are becoming a necessity.
The Transition Town movement instructs us to act collectively now to ‘build ways of living that are more connected, more enriching and that recognize the biological limits of our planet.’ Persuading doubters and pessimists that change is essential and achievable is a job for bold and practical visionaries. A community’s resiliency and sustainability are measured in part by the percentage of food and goods produced and consumed locally, traffic volume on local roads, the number of businesses owned by local people and the proportion of the work force employed locally. Hopkins suggests that within the energy/climate change crisis ‘is the potential for an economic, cultural, and social renaissance … a flourishing of local businesses, local skills and solutions, and a flowering of ingenuity and creativity… At the other end, we will not be the same as we were: we will have become more humble, more connected to the natural world, fitter, leaner, more skilled, and ultimately, wiser.”
A December story in The Tyee by Nick Smith described the Citta Slow movement, started in Italy 10 years ago and now taken up by almost 100 communities in Europe, Asia and Australia. Not a ploy to promote tourism, it’s a guide to civic planning. Citta Slow applicants must promise to adopt criteria to address the unique quality of their town, the sustainability of its infrastructure, the preservation of its history and the maintenance of local ways of doing things. Its general goal is to counter the ‘proliferation of uniformity.’ A group in Cowichan Bay, resisting pressures to turn their quaint seaside village into a ‘cookie cutter community’, has applied to be a slow town. If successful, it will be the first in North America.
A story in the Revelstoke Times Review in December reminded us that tension between residents and ‘weekenders’ in vacation areas isn’t exclusive to the Gulf Islands. The Weekender Effect: Hyperdevelopment in Mountain Towns by ecological historian Robert William Sandford focuses on the effects of rapid, poorly planned growth in his hometown, Canmore, Alberta. Formerly friendly neighbourhoods were turned into faceless subdivisions on weekdays and party destinations on weekends. Property prices soared so that many were only affordable as second and third homes for the wealthy.
Canmore is more than a lesson for everyone who wants to preserve the mountain communities of western Canada.
It’s an example of what often happens when a beautiful place is ‘discovered’ and attracts a growing crowd. When it gets too crowded the place is no longer beautiful.
So, instead of being lured by tourist dollars and the convenience of fast food joints and strip malls, our communities’ greater value as places to live and enjoy our social and natural environments must be protected, Sandford writes. He doesn’t dismiss all growth as bad, nor is his argument with wealthy weekenders.
In fact, he thinks enlightened weekenders can be recruited to work towards the common goal of recognizing and countering the havoc they can, otherwise, wreak.
This first report appeared in the spring 2009 GIA newsletter.
By Maxine Leichter
Bylaws that are weak or not enforced are sometimes a major cause of bad feelings and frustration among residents and landowners in the southern Gulf Islands.
Last year, Island Trust Council commissioned a report on bylaw enforcement and litigation management by Consultant Rob Roycroft. After review and revisions by staff and trustees, Council endorsed most of the recommendations.
One initiative is to use ticketing and larger fines in cases of chronic non-compliance. Tickets can only be issued where ticketing bylaws exist, on Denman, Galiano, North Pender, Salt Spring and Thetis.
Not one ticket has been issued on Salt Spring since the ticketing bylaw was implemented more that three years ago.
The report also recommended a ‘layered’ approach in dealing with violators. It starts by making them aware of the infraction, and follows up with a verbal communication. It proceeds to ticketing and even court action until compliance is achieved.
The report was based on interviews with trustees and their bylaw enforcement staff, a review of practices by other rural local governments in BC, and comments from Trust lawyers.
It also called for reorganizing the bylaw enforcement program, hiring another bylaw enforcement officer, conducting routine follow-up inspections on development permits, and reviewing all bylaws to improve the likelihood of successful enforcement actions.
This last recommendation is critical. Unenforceable bylaws may be worse than no bylaws. They discredit the Trust and the rule of law.
To give important bylaws the best chance of standing up to a court challenge, lawyers experienced in land use matters should be recruited to assist in their drafting, reviewing and rewriting.
If expert legal help is unavailable, a good guideline to writing effective bylaws is the Green Bylaws Toolkit for Conserving Sensitive Ecosystems and Green Infrastructure prepared by the University of Victoria Law Clinic and others, available at www.greenbylaws.ca.
Bylaw enforcement is essential for the integrity and worth of the Trust Act. A Gulf Islands Alliance legal opinion, commissioned two years ago, concluded that everything the Trust does should be in defence of the Trust’s ‘preserve and protect’ mandate. Whereas traditional local governments weigh the competing values of development and protection, the Trust must give protection priority. Local Trust Committees should make certain that island bylaws and development permit area (DPA) regulations are followed. DPAs include some coastal areas, areas of ecological significance, and steep slopes.
Under DPA provisions a property owner may be required to lay out a plan as to how he will protect the sensitive area before land clearing is allowed to proceed.
Unfortunately, some DPA regulations have loopholes and appear not to be enforceable.
For example, some Salt Spring residents complain that one DPA allows lakeside owners to extend their properties by dumping soil into Cusheon Lake.
A scientific report concluded that an overabundance of phosphorus in the soil causes algae blooms which can suddenly turn toxic to humans and wildlife.
Other complaints have been made about Salt Spring’s steep slope DPA that allows a cozy arrangement in which engineers hired by landowners can determine how many trees can be cut and how much ground stripped bare on unstable slopes.
On Thetis the zoning bylaw doesn’t limit the number of accessory buildings that can be built on any residential parcel. It also fails to describe them.
The result is that a house can qualify as an accessory building, and a single residential lot can have two houses.
Residents concerned about a bylaw issue should talk to their trustees and get details on Trust Council’s stance on enforcement.