A lawyer wears a face mask and gloves to curb the spread of COVID-19 while waiting to enter B.C. Supreme Court, in Vancouver, B.C., Friday, Aug. 28, 2020. British Columbia’s highest court has sided with the land owner in a dispute over public access to public land. THE CANADIAN PRESS/Darryl Dyck

A lawyer wears a face mask and gloves to curb the spread of COVID-19 while waiting to enter B.C. Supreme Court, in Vancouver, B.C., Friday, Aug. 28, 2020. British Columbia’s highest court has sided with the land owner in a dispute over public access to public land. THE CANADIAN PRESS/Darryl Dyck

B.C. high court finds in favour of large landowner in fight over access to Stoney and Minnie lakes

The Nicola Valley Fish and Game Club launched legal action after the cattle company blocked road and trail access

British Columbia’s highest court has sided with the largest private landowner in the province in a dispute over public access to public land.

In a unanimous ruling, a panel of the B.C. Court of Appeal overturned a lower-court order and gives the Douglas Lake Cattle Company the right to block access to Crown-owned Stoney and Minnie lakes, which are within the huge ranch east of Merritt, B.C.

The Nicola Valley Fish and Game Club launched legal action after the cattle company, owned by U.S. billionaire and sports franchise owner Stan Kroenke, blocked road and trail access to the lakes.

Writing for the court in a decision posted online Friday, Justice Peter Willcock says the province’s lack of public access legislation entitles the ranch to restrict access, even though public fishing is still allowed on each lake and a portion of a road near one of the lakes remains public.

Willcock says the “truly divided” decision also affects a lower-court order awarding special costs to the small, privately funded fish and game club.

The club and ranch must now pay their own costs of the lengthy legal battle, while costs of the appeal are awarded to the cattle company because its arguments “substantially succeeded.”

The judgment says the club’s argument of the right to cross private land to a Crown-owned, public lake could not succeed.

“In my view, while this argument may attract considerable public support, it has no support in our law,” Willcock says.

The lack of public access legislation in the province “reflects a policy decision by the legislature that is the focus of some debate,” says Willcock.

But the debate does not alter current laws, and Willcock says the lower-court judge instead “added his voice to the chorus of those seeking to limit the rights of private property owners.”

“In doing so, he was not describing the law but advocating for a right of public access to lakes on private land,” says Willcock, ruling there is “no statutory or common law right” to cross the ranch property to reach the lakes.

Beth Leighton, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Environment

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

RCMP cruiser, no date.
One man apprehended after high-risk situation in Ashcroft

Distraught man made threats directed at police, potentially had access to firearms

Janice Maurice, president of the South Cariboo Museum Society, and vice-president Peter Brandle, hope to see the Clinton Museum reopen its doors this spring. (Kelly Sinoski - 100 Mile Free Press).
Clinton Museum anticipated to reopen this year

Society board waiting to hear from province on health orders.

Interior Health nurses administer Pfizer-BioNTech COVID-19 vaccines to seniors and care aids in Kelowna on Tuesday, March 16. (Phil McLachlan/Kelowna Capital News)
69 new cases of COVID-19 in Interior Health

The total number of cases in the region is now at 9,840 since the pandemic began

Kelowna General Hospital (File photo)
Interior Health hospitals not strained by rising COVID case counts

While provincial hospitalizations rise, health care systems in the B.C. Interior remain robust, say officials

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

Premier John Horgan receives a dose of the AstraZeneca COVID-19 vaccine at the pharmacy in James Bay Thrifty’s Foods in Victoria, B.C., on Friday, April 16, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. Premier John Horgan gets AstraZeneca shot, encourages others

27% of residents in B.C. have now been vaccinated against COVID-19

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Prime Minister Justin Trudeau looks on as Deputy Prime Minister and Finance Minister Chrystia Freeland responds to a question during a news conference on Parliament Hill in Ottawa, Tuesday, Aug. 18, 2020. THE CANADIAN PRESS/Adrian Wyld
Expectations high as Trudeau Liberals get ready to unveil first pandemic budget

The Liberals will look to thread an economic needle with Monday’s budget

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
RCMP intercept vehicle fleeing with infant taken from Kamloops hospital

The baby was at the hospital receiving life-saving care

Since April 4, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived. (Phil McLachlan/Capital News)
Vancouver the largest source of domestic flights with COVID-19 cases: data

This month alone, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Most Read