CKNW Editorial
for February 28, 2001

I hope you heard yesterday’s segment on the Nicola Lakeshore Estates Inc. If you ponder the facts a moment, the government’s action takes the breath away. Eerily reminiscent of the Carrier case, the NDP government simply stole away a development then came up with a non excuse to explain their action.

Briefly the facts are thus. The company, back in June 1994, bought a 500 acre section of the old Parker Ranch. It is important to note that this was private, fee simple lands. They did not belong to the crown and hadn’t for over 100 years. The company wished to develop this land and after the purchase they went through every government hoop including an environmental base line study, the provincial and federal fisheries departments, paid for an archeological study, had an independent study of the environmental impact, and took the matter through the Thompson-Nicola Regional District. The Highways Department presented a unique access difficulty because the company’s right-of-way went through a campsite so they gave Parks Department 25 acres, built 40 campsites on it and agreed to reroute so as to avoid the Highway’s maintenance sheds. In all the company went through three public hearings and spent nearly $2 ½ million. The company got its approval from the Thompson-Nicola Regional District and now simply needed final provincial government approval. I should mention that the archaeological study showed three sites That the Indians considered sacred, so the company’s plans left them alone and made provision for them to be visited by whoever wanted to visit.

Now let’s get this point clear. There is no law, federal or provincial that permits a government to stop development on private land because some Indians, be they individuals, bands or nations, don’t like it. Yet the provincial government, after approving all the company moves along the way, and having reached the point where final approval was merely a formality denied that approval because three native bands didn’t want it to happen. They, of course, claim the land as theirs.

There are, broadly speaking, two groups of natives – those in the treaty process and those who are not. The ones objecting to this development are not. Those in the process have promised to honour private interests, those outside have not. To this must be added the fact that any band in the process, wishing to get out, is free to do so. That becomes important as you will see.

What has happened here is that the Provincial NDP government has denied the rule of law and, once more off the back of an envelope, made up its own law which says ‘ "faced with objection by an Indian band, and without any legislation or colour of right to back us up, we will deny citizens their right without compensation". In fact, what this NDP government has done is expropriate, in effect, without any authority to do so and without a nickel in compensation.

Ponder this one a bit, folks. How would you like it if the Musqueam band, joined by the Squamish band renounced the treaty process and laid their claims to Vancouver. And this could well happen. This would mean, if the Carrier and Nicola cases are any example that not a house could be sold, not a lot subdivided, not a zoning change effected as long as one of the bands objected.

What the NDP has done is tell the world that nothing is safe in British Columbia. In short, it is part of their policy of shooing investment capital away. While we’re pondering, ponder this – what foreign investor will put a penny into any development in this country if approval of the development of private land depends on the whim of a government bound to appease all natives at all costs?

I have no idea whether this is a good development or not – that’s for the people in the Thompson-Nicola District to decide – and they did. And incidentally, this area is outside the Agricultural Land Reserve. I have no idea as to whether or not the development fails to pass any provincial tests in these matters – the fact is that after 6 years work and many concessions, the company satisfied both senior governments concerns in their entirety.

So there we have it. Capital stay away says the NDP government because no matter where you want to invest, there is the potential of aboriginal unrest and at the faintest hint of that, we will pull the plug and leave you high and dry.

Carrier and now Nicola Lakeshore … but, I hate to tell you, I think there are more of these. The worst part, however, is that there is no place in British Columbia where one can safely say, "go through the proper processes and satisfy government requirements and you’re home free". Nowhere. This entire province is under a huge caveat – upset an Indian band and even though there is no legal way it can be done, the NDP in Victoria, after you’ve spent your millions, will stop you cold in your tracks.