"The issue is, and always has been, water" Honourable Mr. Justice R. D. Wilson
taken from his BC Supreme Court Judgment, April 28, 2009

The B.C. Supreme Court ruled yesterday, in favour of a grassroots community group, BSASS (pronounced Bee SASS)- Baynes Sound Area Society for Sustainability, located in the Comox Valley, on Vancouver Island.

The Supreme Court ruling by the Honourable Mr. Justice R. D. Wilson, in BSASS's favour, has definitely left the Society's members feeling their hard work has paid off. The Bylaws of the Comox Strathcona Regional District, permitting more intensive utilization of lands in Union Bay by the Kensington Island Properties, are set aside for "illegality" in the words of the Supreme Court ruling.

After more than 3 years of diligent work this grassroots community group feels their case has been heard and their day in court was worth the effort. "We felt that the lack of an assured water source, at the time the largest development on Vancouver Island was given the 'green light' to be built, by the Comox Valley Regional District, ran counter to the democratic and legal process and virtually put an entire community's drinking water at risk", according to spokesperson Karen Hurley, speaking on behalf of 'BSASS'. "In this day and age, having assured clean drinking water is a vital and key component to the well-being any community."

However, these community principles were ignored by Comox Valley Regional District staff and politicians when they chose to support the mega-development project of Kensington Island Properties without having a viable water plan in place. "Drinking water is what brings us here today", stated the group's attorney L. John Alexander of Cox Taylor Solicitors & Barristers in front of Judge Wilson, in February of this year in Victoria's B.C. Supreme Court. Mr. Alexander, well known in the field of municipal law described the Comox Valley Regional District's decisions on the drinking water source as a "FLIP! FLOP! FLIP!" changing its decision from one water source to another and then back again. "This case could be the 'poster child' for how development should not be brought forth".

Justice Wilson's Supreme Court ruling indicated that the public was not afforded an opportunity to be heard or to present submissions on the "about-face" option of Van West Lakes, which was introduced as a water option, for the development, at the eleventh hour near the close of the 3rd and final public hearing, in March 22, 2006. Andrew Gage, staff lawyer with West Coast Environmental Law, also echoes Justice Wilson's opinion:
"local governments must put good public process and protection of water resources first, in planning for development."

Following the approval of the Bylaws, to allow the changes in zoning for the Kensington development, Baynes Sound Area Society for Sustainability (BSASS) filed a petition in the Supreme Court challenging these Bylaws based on a failure to properly consult with the public and the K'omoks First Nations. In response to an application by Kensington, the Regional District, on 20 September 2007, adopted two Bylaws to amend the Rural Comox Valley Official Community Plan. After the filing of the Petition by BSASS, the Regional District, on 18 October 2007, passed two other Bylaws which would have had the effect of repealing the original Bylaws allowing the Kensington development. This was apparently done to avoid the Petition by BSASS according to a report submitted by Robert Long, then, the acting chief administrative officer, for the Comox Valley Regional District, on 25 October 2007.

The public was not given the opportunity to discuss the issue of the lack of viable water from Langley Lake in Union Bay, because Mr. Long stated at the public meeting that Langley Lake was "off the table" as a water source for the Kensington development and the only water supply source for the development would be Van Lakes. According to Mr. Long, as stated in the court ruling, the Medical Officer had concerns for both the water quantity and quality of Langley Lake as a viable water option.

Following the Public Hearing in 2006, regarding the bylaw change for Kensington Island Properties, the public no longer had any opportunity for input on this highly controversial water option. In Justice Wilson's words, "That is not fair!"
"We objected to this lack of consideration of the natural environment, a sustainable community and a secure water source" Hurley states. "We are not anti-development as some would make us out to be. Development that follows the local area plans and sustainable practices and makes room for public input - this is what BSASS stands for".

"This ruling will give the Regional District and the community a chance to consider new and inclusive consultation and new and inclusive information on all important water resources in the Comox Valley" states BSASS lawyer John Alexander. "The issue is, and always has been, water" stated the Supreme Court ruling. The public was not afforded sufficient opportunity to discuss and consider viable water options for the massive new development in Union Bay, according to Justice Wilson. Furthermore, documentation was read in court which demonstrated that the public was kept in the dark about water options, that water negotiations were "confidential" and could not be made known to the public.

"Our hope is that the forests, streams, a public bay, waterfront Crown Lands, and the health of Baynes Sound be kept in the forefront of all present and future development plans for Union Bay and the Comox Valley" states spokesperson Karen Hurley on behalf of BSASS, underscoring its stewardship role in the community.