Tucker Bay Road update

Hello Mr. Pearson,

Thank you for your somewhat delayed response to my email. I assume that enquiries from my MLA, Ms Stilwell and from Ms Trevena have prompted your reply at this time.

I find it odd -- certainly uneven and unbalanced, and quite likely unfair -- that you would meet with the current property owner, and not with any representative of the community, despite the fact that we have reached out to your Ministry to express our concerns and ask for your help.

You may be correct that public access has been permitted along Tucker Bay Road without a legally defined right of way or permit. This, alone, does not answer the question about the right of continuing public access to the ocean across or through the property, or even whether you are correct about the lack of a legally defined right for the public to continue to use the roadway, and for your Ministry to continue to maintain it right through to the water.

My most pressing question now, and the thing I am most surprised and upset at in your response, is your statement that your "Ministry has reviewed the property in question and confirmed that it is not required as part of our transportation network ..."  

What process did you follow to determine whether or not Tucker Bay Road is required as part of our transportation network?  What and whose interests and concerns did you consider? Who did you consult? What issues did you consider? Did you talk to the current landowners about this possibility? I am pretty sure that you did not talk to any of the longer term Lasqueti people who have expressed their concerns to you and your Ministry.

(Incidentally -- I hope -- are you aware that there are a number of other stretches of Section 42 roads on Lasqueti, mostly on Main Road linking False Bay to the south end. Should these roads come under question, it would disrupt access from much of the south end of Lasqueti to the rest of the island, and vice versa. Should we worry that your Ministry will take a similar view of these part of our transportation infrastructure?)

Do the historic use of Tucker Bay Road not matter at all? Does it not matter that Tucker Bay Road leads to the ocean, and thus to every point of land on the Salish Sea, including may properties on Lasqueti Island, the surrounding Islands, other Gulf Islands and the mainland of Canada from Lund to greater Vancouver, and further south and north?

There are a limited number of accesses to the water on Lasqueti, and even fewer that have relatively easy access for small and large boats, and for barges and larger vessels to land passengers and freight. Tucker Bay Road water access is nearly the only one on the east side of Lasqueti, and is reasonably protected from winds. It is a critical piece of our transportation infrastructure. It leads from Lasqueti to other parts of coastal BC, and beyond. It also allows access to Lasqueti from all of these other places.

Tucker Bay Road has been established and maintained for years by your Ministry, and now you decide that it is not required as part of our transportation network. This is inexplicable, and I believe indefensible. Perhaps I am not understanding something important. Please let me know what it is, or why you have made this decision.

I am also disturbed by your apparent offer to give us access to pertinent documents, if we wish to make a case that Tucker Bay is a Section 42 road.

It is my view that making this claim is your Ministry's responsibility, and that your Ministry would be shirking its duty to make Lasqueti citizens undertake this action. Your Ministry has built and maintained Tucker Bay Road for many, many years, and now has made the incomprehensible decision that it hasn't been and  isn't a road, and isn't even important.

If I have misunderstood something, or not grasped some important part of this situation, please let me know what it is.  Or please explain to me on what basis you consider Tucker Bay Road to be "not required"

Thank you very much.  I look forward to hearing from you soon.

Peter Johnston
Lasqueti Island
250-333-8785
 

4acc3b2bcbbc45ae83f7781834ffadea [at] e3pmbx16 [dot] idir [dot] BCGOV" type="cite">

Hello Peter,

 

As you may know, the ministry has been investigating this since approx. January of 2015 and this investigation has been ongoing for quite some time, please accept my apologies for the time taken on reaching a position on this issue. The Ministry investigation has included a legal review of the information you have provided as well as discussion with the current property owner.

 

I appreciate that you and some of the residents on Lasqueti are disappointed with the conclusion the ministry has reached however, to the best we can determine, the unsurveyed travelled “road” has never been legally established as a public highway under the Transportation Act, SBC 2004, c.44. I also appreciate that historically, as is well documented, there has been use by the public across this private property to access the water. However, as best we can determine, this public access has been permitted without a legally defined right of way or permit.

 

The Ministry has reviewed the property in question and confirmed that it is not required as part of our transportation network and the Ministry has no interest at this time in establishing the road as public highway.

 

4acc3b2bcbbc45ae83f7781834ffadea [at] e3pmbx16 [dot] idir [dot] BCGOV" type="cite">

If there is interest in initiating legal action to the Supreme Court of British Columbia for a Section 42 claim the Ministry is happy to assist with disclosing any pertinent documents. However, to be clear the Ministry will not be pursuing this further at this time.

 

4acc3b2bcbbc45ae83f7781834ffadea [at] e3pmbx16 [dot] idir [dot] BCGOV" type="cite">

I hope this provides some clarity on the Ministry’s position at this time. If you have any further questions or are looking for more information please feel free to contact me directly.

 

Regards,

 

Mike Pearson, P. Eng.

Operations Manager

Vancouver Island District - Central Vancouver Island

Direct line: 250-751-3287

Michael [dot] Pearson [at] gov [dot] bc [dot] ca" moz-do-not-send="true">Michael [dot] Pearson [at] gov [dot] bc [dot] ca

 

-----Original Message-----
From: Peter Johnston [pjohnston [at] lasqueti [dot] ca (mailto:pjohnston [at] lasqueti [dot] ca)]
Sent: Thursday, December 1, 2016 10:09 PM
To: Pearson, Michael TRAN:EX; Learn, Jessica TRAN:EX; todd [dot] stone [dot] mla [at] leg [dot] bc [dot] ca
Cc: Tim Peterson; Susan Ann Morrison; Merrick Anderson
Subject: Tucker Bay Road, Lasqueti Island

 

Hello Mr. Pearson, Ms Learn, and Mr. Stone,

 

One of our Island Trustees, Timothy Peterson, posted the following message on the Lasqueti.ca web site:

 

"Merrick and I met with Mike Pearson, Operations Manager at the Ministry of Transportation and Infrastructure this morning. Unfortunately, the Ministry's position is that Tucker Bay is not a public road, despite the voluminous evidence to the contrary. While it now appears likely that legal action may be the only way forward."

 

If it is the position of the Ministry is that Tucker Bay Road is not a public road, then I can not comprehend the situation. What possible reasons can you have, in the face of so much overwhelming evidence from documents and history, for holding to such a position?

 

Are you aware that there are quite a number of other parts of Main Road that are Section 42 roads. For each of them, there is almost no documentation that they have been publicly maintained and used. Are they, too, to be privatized?

 

Please let me know by what reasoning or thinking the ministry holds that Tucker Bay Road is not a public access to the ocean, one of very few that exist, and one that has had historic importance, and might be needed again in the future.

 

Unless you have very good reasons for considering Tucker Bay Road to be private, the citizens of Lasqueti will be forced to bring this matter to the courts, so that our public rights and privileges are preserved and continued. Not only will we seek a declaration from the courts supporting our position, I will also advocate that we ask for punitive damages and a judgement that you have been derelict in your duty of care to the public, and particularly to the residents and landowners of Lasqueti Island.

 

Please, if you have any explanation for your seemingly bizarre and irrational position, let me know what it is. If you would like to be aware of the other Section 42 lengths of roadway, please let me know and I will detail them for you.

 

Thank you very much,

 

Peter Johnston

Lasqueti Island

250-333-8785