Judge rules private landowners can’t block public access to B.C. lake

The Nicola Valley ranch’s position was that it owned Stoney Lake and Minnie Lake

  • Dec. 8, 2018 12:10 p.m.

–– Kamloops This Week

People in a packed Kamloops courtroom broke out in applause on Friday as a B.C. Supreme Court judge delivered a judgment described as decades in the making, ruling all lakes are public property and prohibiting private landowners from restricting access to them.

The decision was the culmination of a protracted trial spanning six years, pitting a wealthy private ranch — the Douglas Lake Cattle Company, owned by U.S. billionaire Stan Kroenke (husband of a Walmart heir and owner of the Los Angeles Rams, Colorado Avalanche, Arsenal and other professional sports franchises) — against the B.C. government and the Nicola Valley Fish and Game Club in a fight over access to two small fishing lakes.

The Nicola Valley ranch’s position was that it owned Stoney Lake and Minnie Lake because the bodies of water are surrounded by private property and alterations to the lakes had been made by the company. The ranch also claimed ownership of fish in the lakes by virtue of the fact it kept them stocked.

The fish and game club, on the other hand, argued B.C. laws don’t allow private landowners to control bodies of water or the fish inside them.

B.C. Supreme Court Justice Joel Groves ruled against the ranch. He determined roads in the area of the lakes that had been claimed as the property of the ranch were actually public. Groves also said the Douglas Lake Cattle Company may have to remove dams it has constructed to increase the size of some lakes, which resulted in flooded roads.

Groves ruled the ranch cannot lawfully block access to either lake, but he did place some limits on the actions of anglers, ordering catch-and-release fishing on both of the lakes.

“It would be nonsensical for a government to retain the rights to a lake if, by virtue of a single owner purchasing all the land surrounding a lake, that owner could prohibit public use or ownership of the lake,” Groves said in his ruling.

“It only makes sense that government would have retained the ownership of bodies of water, lakes, with the intention of the public being allowed to access water they retained.”

But, Groves added, there are limits.

“By access, I am not suggesting that there exists a right to motorboat or other vehicular access to bodies of water, but it only makes sense that the government’s intention in retaining ownership of lakes means that there is public access, as determined and regulated by government, to these lakes,” he said.

In his judgment, Groves also called out the provincial government for decades of inaction despite findings by provincial officials as far back as 1996 that the ranch’s actions were illegal.

“Yet the province did not respond to this apparent unlawful act. In fact, for over 20 years, it did nothing,” Groves said.

“Over 20 years, a privately held corporation, owning a large swath of land, prohibited the public from driving on a public road and the province did nothing. This is most unfortunate. … The province has continuously failed the citizens of British Columbia.”

Groves also issued a five-page epilogue imploring the government to change its laws and regulate access to address issues surrounding ownership and use of lakes and other Crown land. Failing to do so, he said, could lead to a wave of expensive litigation.

“First off, look at the Trespass Act. Is that really what you intend in today’s world?” Groves said. “Secondly, if you own the lakes of the province, which you do, can you not regulate access? There really is no point to ownership, otherwise.”

As Groves stood up to leave the courtroom — packed with about 75 spectators — supporters of the fish and game club broke out in applause.

Douglas Lake Cattle Company ranch manager Joe Gardner was not one of those celebrating.

“I think I want to read it and think about it,” he said of Groves’ decision. “I’ve got no comment other than that.”

Speaking to reporters outside court, Nicola Valley Fish and Game Club spokesman Rick McGowan called the decision “a win” for his organization, but not the end of the fight.

“It’s good for future litigation,” he said, noting he has been involved in the battle for lake access for 30 years.

Douglas Lake Cattle Company has not indicated whether it intends to appeal Groves’ decision.

Tim Petruk, Kamloops This Week

Like us on Facebook and follow us on Twitter.

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

Just Posted

Abbotsford school trustee running for NDP

Preet Rai acclaimed as candidate for Abbotsford West riding

Chilliwack man hoping to restore ‘59 Chevy with big lottery win

Hervey Blois, a retired veteran, says he’s ‘dumbstruck’ by $500,000 win on lottery website

UDATED: Power restored to more than 2,600 customers in Abbotsford

Outage occurred Monday afternoon to Clearbrook area

Abbotsford election candidate apologizes for 2012 comments about drug users

Former mayor Bruce Banman said drug users were criminals and should be locked up

Defence in Fraser Valley chicken abuse cases asks BC Supreme Court to drop the charges

Sofina Foods and Chilliwack company say undercover video by ‘vigilante group’ violates Charter rights

Weekend sees 267 cases, 3 deaths in B.C.; Dr. Henry says events leading to COVID spread

There are currently 1,302 active cases in B.C., while 3,372 people are under public health monitoring

Liberals seek to fast track new COVID-19 aid bill after CERB expires

Government secured NDP support for legislation by hiking amount of benefits by $100 to $500 per week

Police investigating shooting in North Delta

Police say occupants of two vehicles exchanged gunfire near 120th Street and 82nd Avenue

B.C. VOTES 2020: Echoes of HST in B.C. debate over sales tax

Cannabis, tobacco, luxury cars still taxed in B.C. Liberal plan

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

TransLink CEO asks riders not to enforce mask rules after Surrey bus punch-up

A fight broke out on a bus at 96 Avenue and Scott Road involving a man who refused to wear a mask

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

She warned her son about toxic drugs, then he was dead

Donna Bridgman’s son died at the age of 38 in Vancouver

B.C. food and beverage producers set record sales in 2019

Farmed salmon again leads international exports

Most Read