https://www.bccourts.ca/jdb-txt/ca/21/00/2021BCCA0099.htm

The Harbourview Supreme Court file is the last remaining kick at the can to assert any influence from the rec-sector in how gates are managed in BC, and no rec-sector organization has to date bothered to secure a seat at the table.

Well intentioned as the Nicola Valley fight may have been, it was practically a foregone conclusion that the Court of  Appeal would not trump private property rights by opening up a free-for-all across private property,

Harbourview is different. The only private property rights at stake are those of the owners of Ragged Mountain to access their own property, landlocked by the gate. As with the Nicola Valley file, the status of the road as a public way is practically a foregone conclusion.

However, that does not abridge the right of the District of Sooke as the statutory approving authority to follow the proper process and remove the road dedication, and for that part of the road outside the municipal boundary, for the province can do the same.

The entire conflict is set up by the refusal of the respective approving authorities to exercise their jurisdiction, and they do that because they do not want to pay the cost of maintaining the roads. Here's a newsflash - ATV roads do not need to be maintained. More than that, the corporate owners of Ragged Mountain have offered to maintain it to a fire-road standard.

A judicial determination that the road is public can be trumped by the District of Sooke removing the road dedication, so they need to hear from you!

The current council has already heard from me and co-operated to strike down the ridiculous gun bylaw, so maybe this time we will get somewhere. 

Our economy needs a healthy recreation sector with access to our backcountry, not a gate.

council@sooke.ca

Terrance Martin