Lawyers

Reece Harding

Recent Publications

08Nov
2024
Seminar Papers

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...

24Nov
2023
Seminar Papers

DRIPA and Local Governments

In November 2019, the provincial government adopted the Declaration on the Rights of Indigenous People’s Act (“DRIPA”). Aimed at...

18Nov
2022
Seminar Papers

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...

05Apr
2022
Client Bulletins

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...

25Nov
2021
Seminar Papers

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...

27Oct
2021
Client Bulletins

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...

10Aug
2021
Client Bulletins

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...

29Apr
2021
Client Bulletins

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...

30Mar
2021
Client Bulletins

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...

27Nov
2020
Seminar Papers

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...

26Nov
2020
Seminar Papers

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...

02Apr
2020
Client Bulletins

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...

02Apr
2020
Client Bulletins

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...

26Mar
2020
Client Bulletins

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...

22Nov
2019
Seminar Papers

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...

11Jun
2019
Newsletter

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...

24Nov
2018
Seminar Papers

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...

22Mar
2018
Blog

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...

28Nov
2017
Seminar Papers

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....

30Nov
2015
Seminar Papers

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...

10Jul
2015
Client Bulletins

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...

01Dec
2014
Seminar Papers

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...

25Feb
2014
Blog

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...

02Dec
2013
Seminar Papers

MMBC: What are the Issues?

In 2004, the Province enacted the Recycling Regulation under the Environmental Management Act to implement a framework for extended...

25Oct
2013
Blog

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...

22Oct
2013
Blog

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...

11Apr
2013
Blog

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...

12Mar
2013
Newsletter

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...

03Dec
2012
Seminar Papers

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...

30Nov
2012
Blog

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...

31Oct
2012
Client Bulletins

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")...

25Sep
2012
Client Bulletins

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...

16Aug
2012
Blog

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...

20Jan
2012
Client Bulletins

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...

18Jan
2012
Blog

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...

27Nov
2009
Seminar Papers

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...