Recent Publications
2024
Internal Investigations: Code Of Conduct And Workplace Complaints
In recent years there has been increased attention on investigations for various forms of misconduct within local governments. This paper...
2023
DRIPA and Local Governments
In November 2019, the provincial government adopted the Declaration on the Rights of Indigenous People’s Act (“DRIPA”). Aimed at...
2022
Codes of Conduct and More: Elected Officials Behaving Badly
Most professionals are held accountable for their conduct through legislative mechanisms. Lawyers must comply with a Code of Professional...
2022
Province Releases DRIPA Action Plan: Implications for Local Governments
On March 30, 2022, the Province released its highly-anticipated Action Plan for implementing the Declaration of the Rights of Indigenous...
2021
Indigenous Relations: Challenges, Possibilities, and the Future of Collaborative Governance
On June 3, 2021, the federal government passed Bill C-5, making September 30th a federal statutory holiday known as the National Day for...
2021
Significant Amendments to Local Government Legislation Proposed in Bill 26
The provincial legislature tabled Bill 26 – Municipal Affairs Statutes Amendment Act (No. 2), 2021 on October 26, 2021. The proposed...
2021
Local Governments Get Ability To Regulate Single-use Plastics
On July 26, 2021, the Province made Ministerial Order No. M309, which amends the Spheres of Concurrent Jurisdiction - Environment and...
2021
Court Upholds City’s Censure of Councillor
On April 21, 2021, the BC Supreme Court released reasons for judgment in Dupont v. Port Coquitlam (City). Councillor Dupont had commenced a...
2021
Residential Rental Tenure Zoning Bylaw Upheld by BC Supreme Court
In reasons released March 30, 2021, indexed as V.I.T. Estates Ltd. v. New Westminster (City), 2021 BCSC 573, Mr. Justice Saunders of the BC...
2020
Municipal and Provincial Conflicts: Inconsistency or Concurrent Authority?
How far can a local government go before it intrudes on the Province’s jurisdiction? This session delves into the often-litigated and...
2020
Governance: Conflicts, Codes of Conduct, and Beyond
This session will first delve into council and board member ethical obligations under the Community Charter, with a focus on conflicts of...
2020
Property Assessment Appeal Board Extends Appeal Deadline to June 1
On April 2, 2020, the Property Assessment Appeal Board (PAAB) exercised its jurisdiction under Ministerial Order M086 to extend the...
2020
Province Issues Guidance Document for Enforcement of Public Health Orders
Many local governments continue to seek clarity around enforcing the Province’s social distancing recommendations in the face of the...
2020
Province Clarifies Role Of Bylaws Enforcement Officers During COVID-19 Emergency
On March 26, 2020 the Minister of Public Safety and Solicitor General made several orders under section 10 of the Emergency Program Act...
2019
Hot Topics in Planning Law
A review of papers delivered at past iterations of this seminar, purporting to address “hot” topics, provides some insight into our firm’s...
2019
Newsletter Volume 30, Number 2 - LGMA Conference Issue
In this LGMA Conference issue: Beware of the Perils of Overspending: New Local Elections Campaign Financing Provisions Tested in Court...
2018
All You Need to Know About Parks
When strolling through a beautiful BC park on a Sunday walk, one frequently ponders the nature of the park, articulating fascinating and...
2018
British Columbia Supreme Court Confirms Site Profile Opt-Out Means No Development Freeze
In Gibsons Alliance of Business and Community Society v. Town of Gibsons, 2018 BCSC 448, the court has confirmed for those local...
2017
Assessment Appeals: What is the Role for Local Government?
This paper explores the following: 1. Legislation Overview; 2. Considerations on Getting Involved; 3. How to get Involved; and 4....
2015
Open Season on Integrity: Hunting for the Right Solution for BC
This paper examines the current legislative vacuum in British Columbia in dealing with an elected official’s misconduct. The paper then...
2015
Canada Post v. City of Hamilton Community Mailbox Placement Fight To Continue
Canada Post is ending all urban door-to-door mail service to five million Canadians in five years. Like any change in government...
2014
The Tsilhqot'in Nation and Whistler Cases: What Do They Mean for Local Government
This paper deals with the Supreme Court of Canada’s recent landmark decision in the Tsilhqot’in v. British Columbia, the first case in...
2014
4 Year Terms on the Way
The Provincial government will introduce legislation this spring to change local election terms from 3 to 4 year cycles. If enacted the...
2013
MMBC: What are the Issues?
In 2004, the Province enacted the Recycling Regulation under the Environmental Management Act to implement a framework for extended...
2013
District of Invermere Succeeds in Deer Cull Petition
On October 25, 2013, the B.C. Supreme Court dismissed the Petition of the Invermere Deer Protection Society who were seeking to...
2013
British Columbia Court of Appeal Clarifies Relationship between Local Governments and First Nations
Reece Harding's article: British Columbia Court of Appeal Clarifies Relationship between Local Governments and First Nations has been...
2013
Adams Lake Indian Band Denied Leave to Appeal to the Supreme Court of Canada
On April 11, 2013, the Supreme Court of Canada dismissed the application of the Adams Lake Indian Band for leave to appeal from the...
2013
Newsletter Volume 24 Number 1
In this Issue: A Look Back at 2012 - Francesca MarzariCourt of Appeal Rejects Local Government Duty to Consult First Nation - Reece...
2012
Local Government and First Nations: The Duty to Consult
In 2004, we presented a paper at this seminar entitled “The Duty to Consult First Nations: Is Local Government Next?”. At that time this...
2012
Court Declares Toronto Shark Fin Soup Bylaw Invalid
In Reasons for Judgment released today, the Ontario Supreme Court of Justice declared the Toronto Shark Fin Soup Bylaw to be invalid as...
2012
Property Assessment Appeal Board Finds Nominal Value in Horseshoe Bay Ferry Terminal
In this decision which is sure to cause debate within local government financial circles, the Property Assessment Appeal Board ("PAAB")...
2012
Court of Appeal Rejects Local Government Duty to Consult First Nations
On September 24, 2012 the British Columbia Court of Appeal dismissed the appeal of the Neskonlith Indian Band. The NIB had sought to...
2012
Local Government Duty to Consult - Case Reserved
On August 15, 2012, our British Columbia Court of Appeal reserved its decision in Neskonlith Indian Band v. City of Salmon Arm. This appeal...
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...
2012
Supreme Court of Canada - Catalyst Paper v. District of North Cowichan - Reasons
The Reasons for Judgment in Catalyst Paper Corporation v. Corporation of the District of North Cowichan, heard in the Supreme Court of...
2009
Elected Officials - Game Misconduct
In the last year or two, there have been a number of interesting court decisions involving the behaviour of elected officials and their...