Client Bulletins
2012
Supreme Court Rejects Local Government Duty to Consult First Nations
Since the Supreme Court of Canada’s 2004 decision in Haida Nation v. British Columbia (Minister of Forests), First Nations around the province have been asserting that municipalities and regional districts are obliged to consult with them on decisions that First Nations say have the potential to infringe on claimed aboriginal rights and title.
2012
Supreme Court of Canada Upholds North Cowichan Tax Rates Bylaw
On January 20, 2012, the Supreme Court of Canada delivered unanimous Reasons for Judgment in Catalyst Paper Corp. v. North Cowichan (District), finally bringing an end to Catalyst’s challenge to North Cowichan’s property taxation policies.
2011
Accessory Uses - Keeping Up With the Times
A standard definition of an accessory use in many zoning bylaws in British Columbia is “customarily incidental to and subordinate to” a principal use permitted in the zone. While such definition is useful for its flexibility, it opens a door that swings both ways. Times change, and what is customarily incidental to a use in one generation may be quite different in another.
2011
Election Contact Information
We confirm that our lawyers will be available throughout election day on Saturday, November 19 to deal with your election questions.
2011
Definition of Employee for Election Purposes
Employees of a local government who want to run for office with their local government must take a leave of absence during the nomination period, and election, as specified in section 67. If an employee is elected, the employee must resign from employment with the local government. The Province recently enacted a new regulation under section 67 of the Local Government Act specifying that certain classes of persons are not “employees” under that section.