letter to MLA Stilwell about Tucker Bay Road access

A situation has arisen on Lasqueti Island that I believe needs your attention, and probably also the attention of the Minister of Transportation and Infrastructure, and maybe the attention of the Premier also.

For over 100 years the people of Lasqueti Island have had access to the ocean at the end of Tucker Bay Road. The property has recently been purchased, and the new owners are asserting that there is no public access to the water across their property.  The property in question is part of the SW 1/4 of Section 13, Lasqueti Island.

According to a letter written on August 18, 1973 from the Department of Public Works, quoted in Elda Mason's book "Lasqueti Island History and Memory",

"In the year 1912-1913, this department built a creosoted pile wharf 40 feet by 70 feet with a 12 foot by 120 foot approach in Tucker Bay, B.C. The Department abandoned this structure in 1931 and it was removed from the site in 1943.
"Around the year 1926 the Department constructed a new approach, gangway and float in the same general area of the aforementioned wharf. Due to a decrease in marine traffic in that area and an increase in the use of facilities at False Bay, B.C. and Squitty Bay, B.C. these structures were abandoned and removed from the site in 1956."

The roadway to both of these facilities was maintained by the Highways Department. For the last nearly 60 years the roadway to a small beach has been maintained by the Lasqueti Highways crew, recently operating as employees of a highways maintenance contractor.

On November 24 I wrote to Johnathan Tillie the Operations Manager, Central Island Area, Vancouver Island District, Ministry of Transportation and Infrastructure in Nanaimo. I was then one of the two locally elected Islands Trust trustees from Lasqueti. Since around that time, many other local residents have also written to or telephoned Mr. Tillie expressing concern about the possible loss of this important public access.

This morning I had a phone call from Mr. Tillie, and he wanted me to know, and let others know, that the Ministry is working on the access situation, researching documents on past uses, and past and present landowners. He is aware that it is an important access site for the public, and he needs to know about historic use and roadwork to be able to determine whether there are grounds for the Ministry to assert that there is a "Section 42" roadway there. He told me that it is a complicated process, based largely on case law, and it will take time - possibly months, though they expect to make progress in the coming weeks.

It is important that the public access be preserved and maintained, and would like you to see what you can do to make sure that this is done. It is one of very few public accesses to and from the ocean, especially near the middle of the north side of Lasqueti.

I understand that the Ministry will be meeting with the new landowners soon.  Please do what you can to make sure that the public access is asserted as strongly as reasonably possible.

Please email or phone me if you have any questions or require further information.  I am sure that Mr. Tillie at the Ministry's Nanaimo office can give you much information.

Thank you very much,

Peter Johnston
250-333-8785