Posted in Government

The Protection of Public Participation Act – in response to SLAPPS – lawsuits that target those who speak out on issues of public interest.

More good news!


VANCOUVER ISLAND, B.C – British Columbia has introduced an act aimed at protecting it’s citizens from lawsuits that occur when one participates in public debate.

The Protection of Public Participation Act, instituted yesterday, will safeguard people from Strategic Lawsuits Against Public Participation, often known as SLAPPS.

According to former attorney general of British Columbia and former justice of the Supreme Court of British Columbia Wally Oppal, SLAPPS are lawsuits that target those who speak out on issues of public interest.

“The legal system is vulnerable to so-called SLAPP lawsuits that are intended solely to censor public opinion, to intimidate people and to silence critics,”  said Oppal.

“SLAPP lawsuits strategically, and without merit, prevent free discussion on matters of public interest. I welcome today’s legislation.”

A key feature of the act is a process in which a defendant can apply to the the court to dismiss a lawsuit that if it infringes on their right to speak freely.

“Lawsuits that serve to silence and financially exhaust those exercising their right of expression exploit our legal system and only serve those with significantly deeper pockets,” said David Eby, Attorney General.

“We’re committed to ensuring a robust, healthy democracy that defends British Columbian’s fundamental rights – in part, by helping people who want and deserve the freedom to peacefully engage in public debate without fear of unreasonable and financially ruinous legal action against them.”

“British Columbians should have the right to participate freely in public debates without fear of retribution,” said Oppal.

In 2001, British Columbia became was the first jurisdiction in Canada to enact legislation of this kind, but it was subsequently repealed the same year.

Posted in coal hill, Government, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc.

Kensington Island Properties aka 34083 Yukon Inc. and the Union Bay Coal Hills Saga – When Will McMahon Show Up With Another “Poor Me” Line

So for anyone keeping track.  Kip claimed it was prevented from proceeding with the 2011 Water Infrastructure Agreement with UBID because of the remediation of the coal hills and that it received the go ahead in Oct. 2014 and that was the reason for requesting an extension of the agreement.  Just more lies from this sleazy developer (in my opinion).  Now Kip has dumped it on the Province behind the back of the CVRD as there was a covenant preventing any subdivision.  McMahon and his lawyer both were aware of the covenant and yet went ahead.
What I don’t understand is why there is so much attention paid to capping the coal hills when it’s the erosion that can’t be stopped.  Most of the area pictured in the Record article is man made and the ocean is reclaiming the area.  Eventually, most of it is going to be washed out into the ocean.  No one knows what lies beneath as it appears to have been used to dump material including metals, wood, glass, etc.
“After the engineered cover is installed, West Fraser will surrender its lease of the portion of the coal pile to the province,” reads the email. “In the event that the engineered cap doesn’t sufficiently reduce the level of metals being discharged, water treatment of the discharge may be required.”
Water treatment of the discharge may be required?  What is the cost of this?  Again, no mention of the erosion.  Anyone who walks along the east shore of the coal hill knows at least 30 to 40 feet has eroded and all that crap has been washed out into the ocean.
According to the denied FOI request, withholding the transfer agreement was due to a “common law of settlement privilege,” which refers to protection of communications exchanged by parties as they try to settle a dispute.
Remember big shot KIP stating they had budgeted for the coal hills remediation?  Just a continuous stream of BS from this developer.  This quote from the link to the article in 2012:

It has so far invested more than $12 million into the project, says Kensington vice-president Brian McMahon.

The company is well aware of the coal hills.

“It’s going to cost a lot of money and we’ve budgeted for it,” McMahon said.

A line of those green trees along the bottom edge of the picture below are dead now as the ocean has eroded the shore line and salt water is going further in.  It’s just a big pile of garbage.

An aerial view of the Union Bay coal hills. Photo courtesy JET Productions.

West Fraser Timber to supply engineered cover for Union Bay coal hills

  • Feb. 27, 2018 11:30 a.m.
  • NEWS

The provincial government has revealed new information on the long-awaited plans for the Union Bay coal hills.

In April 2017, development company Kensington Island Properties (KIP) sold 28.32 acres of its land in Union Bay to the Ministry of Forests, Lands, Natural Resource Operations and Rural Development.

The land was sold for $1 and “other valuable consideration.”

Read More: KIP sells 28 acres of contaminated land to the province

The land transfer came as a surprise to many local residents. The 28 acres in question are located on the Union Bay coal hills — an area the B.C. government has recognized since 2012 as a “priority contaminated site.” The high sulfur content of the hills has resulted in acid rock drainage that has discharged metals into the Baynes Sound over the years.

Read More: Union Bay coal hills on priority contaminated site list in B.C.

Negotiations over the remediation of the coal hills have gone on for several years.

A recent Freedom of Information (FOI) request for a copy of the land transfer agreement between KIP and the province was denied.

According to the denied FOI request, withholding the transfer agreement was due to a “common law of settlement privilege,” which refers to protection of communications exchanged by parties as they try to settle a dispute.

Adjacent to the section previously owned by KIP, the rest of the coal hills is leased by the Crown to forestry company West Fraser Timber. The company’s lease expires later this year.

KIP had originally intended for its section of the coal hills to make up a portion of its golf course. After acquiring the land last spring, ministry staff said the province plans to erect a “green space” there once the area is eventually remediated.

An email to the Record from the ministry said that West Fraser Timber is “developing a detailed design plan for an engineered cover” at its own cost that will be submitted to the Ministry of Environment for review. The engineered cover will envelop the entire contaminated area.

When contacted, West Fraser Timber declined to comment.

According to the ministry, the engineered cover will impede water access to the coal pile, reducing acid rock drainage and the release of metals to the environment.

“After the engineered cover is installed, West Fraser will surrender its lease of the portion of the coal pile to the province,” reads the email. “In the event that the engineered cap doesn’t sufficiently reduce the level of metals being discharged, water treatment of the discharge may be required.”

The ministry told the Record the work is expected to be completed in 18–24 months.

The ministry’s email also stated that the entire coal hills will be considered undeveloped vacant Crown land and that any development in the area will be prohibited, including the growth or harvesting of trees.

The provincial government has confirmed it will be responsible for monitoring and maintaining the engineered cover, but questions still remain as to how much public dollars it could end up costing.

“While the cost to the province will not be known until after the detailed design plan is completed, the costs are not expected to be material on an annual basis,” reads the email. “Depending on monitoring results, a water treatment plant may need to be installed.”

Fanny Bay resident John Snyder, who is the former president of the defunct Coal Watch Comox Valley society, is worried taxpayers will ultimately end up paying for the coal hills’ clean-up.

“It’s going to have to be addressed at some point and I’m not sure who is going to pay for it. It’s going to cost a few bucks, for sure,” he said.

The Union Bay coal hills were originally used by Canadian Collieries (Dunsmuir) Ltd. as a washing and load-out facility for coal coming from the Cumberland mines. The hills’ contamination is due to residue from the industrial operations undertaken there.

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Mike Schofield ·

Sounds and seems to be a band aide on huge hole. Everyone knows this “tailings pile” will have to be removed and burned in proper facilities with h2so4 recovery capabilities. Why waste the time and money on a bandaide????
Like · Reply · 1 · 3 hrs
Corinne Groneberg

What is an engineer cover?
Scott Strasser ·

Like a high-tech tarp, which I suppose will aim to prevent rainwater from soaking into the coal pile.
Like · Reply · 1 · 19 hrs
Posted in Government, UBID

How the Union Bay Improvement District Pro Kip Trustees Weasel Out of Motion for Information About Becoming A Service Area of CVRD

This is the history of what has transpired (or not) since this Board was presented with a petition in November 2016 signed by over 400 landowners.  These pro KIP trustees have tried all kinds of excuses to prevent the landowners from obtaining information which would not cost UBID any money or manpower.  Instead of listening to the landowners the Admin who has zero government experience has introduced the possibility of municipal status when there was absolutely no direction from the Board of trustees to take this action.

This Admin is running scared because he cannot do the job and it wasn’t fair to him or the landowners to hire someone who simply is not capable or qualified for the position.  We know what an Admin does and our previous Admin was superb in the position so it’s pretty obvious when you compare what we had and what we have now.   The trustees who hired him didn’t know their own jobs as trustees never mind hire someone for a job they were ignorant about.  This Improvement District is set up to fail.  Five trustees who are struggling to grasp what’s going on and an Admin who is unable to perform.  In my opinion.

Right from the get go this Admin was against this motion.  And by the way, why does this Admin participate as though he is a trustee?  Watch any of the meeting videos with previous Admin Kevin and even temporary Admin Martin and you will see what position they take at meetings.  This guy doesn’t know his place.  And who the hell told him he could change his title to CAO when he can’t even do the job as Admin?

Landowners Petition presented to the UBID board Nov. 13, 2016 requesting action taken to dissolve UBID and become a service area of the CVRD.

Discussion of petition at the Dec. 14, 2016 UBID Meeting.  Note that Trustees Loxam and Bitten insist the matter should be discussed ‘in camera’.  This does not fall under the the categories which are discussed ‘in camera’.  It’s another example of why they can’t face the public and discuss the matter in the open.

No meeting in January 2016.

Excerpt from Feb. 16, 2017 meeting.  Trustee Kaljur brings forth a motion to form committee to explore the pros and cons of becoming a service area of the CVRD

Feb. 16, 2017.  Now the pro Kip trustees are claiming the ‘ministry’ has told them to concentrate on water filtration.  Bullshit and back pedalling trying to weasel out of following the landowners wishes.

Excerpt from Feb. Meeting with the Chair stating “The CVRD doesn’t want anything to do with UBID.  They didn’t want to get stuck with a system that requires nothing but money and a lot of work to get into place.”

Mr. Knowitall butts in again and provides the same misinformation he’s been spewing for over 15 months.  Send him for training too!

At the All Candidates Meeting in April 2017, this is what this Trustee believed then and has not changed his mind.  He didn’t know what he was talking about then as Scott Fraser’s response indicates.

This is the missing 17 minutes of the Nov. 16, 2017, UBID meeting where trustee Kaljur brought forth her motion and it was passed with the Chair breaking a tie vote.  You will note the Admin chimes in (even though he was not recognized by the Chair) and is not in support of the motion.  Poof – the motion is erased from UBID’s video of the meeting.

A landowner attended the COW meeting Dec. 13, 2017 where Bitten put forth a motion to kill the one approved at the Nov. 16, 2017 meeting.  Bitten’s motion brought forward at the Jan. 18, 2018 meeting doesn’t resemble the original or the one he brought forward at the COW meeting.

This is the an excerpt of the Dec. 14, 2017, Trustee Kaljur indicates there is no mention of the motion from the COW meeting the night before.

Another excerpt from the Dec. 14, 2017 meeting.  A question from a landowner asking about the letter not being sent to the CVRD.   The Chair states it’s not on the Agenda!

Then at the Jan. 18, 2018 UBID Meeting (which the Admin failed to video or audio record) the Admin talks about another option of becoming a Municipality.  Why is this Admin speaking about Municipality status since the board NEVER instructed him to do so.  This guy thinks he has the power to make these decisions – he doesn’t and someone needs to clue him in as to what powers he has and what he doesn’t.

This is the motion put forward by Mr. Knowitall.  It is the most convoluted ridiculous bunch of words – makes no sense.  This is the board’s attempt at rescinding the Nov. 16, 2017 motion which PASSED and they went behind the electorates back at a COW meeting Dec. 13, 2017, where Mr. Knowitall brought forward a motion to kill the approved one.

Then at the Dec. 14, 2017 meeting it was not brought forward from the COW meeting and the Chair refused to discuss any part of it as it wasn’t on the Agenda.  The Chair also assured Trustee Elliott it would be on the Jan. 18, 2018 Agenda.  But low and behold it wasn’t and instead Mr. Knowitall presented a plate of word vomit which was passed.

This is from the Q & A portion of the January 18, 2018, discussing the plate of word vomit with the Chair insisting this new motion is the same as the one they killed secretly at their COW meeting Dec. 13, 2017.

These short clips are all from the Feb. 15, 2018 UBID meeting.  Christ these people are dumb.  This meeting shows how unfit these people are.  The Chair is completely clueless and just throws out bullshit hoping something will stick.  Can’t wait for the video as it will show Mr. Knowitall throwing his hissy fit banging the table.  Loves to hear his own voice.

This is an excerpt of the Feb. 15, 2018 meeting with the Chair reading out the Admin’s report introducing a 3 prong policy regarding the landowners request for information from the CVRD.  The Admin has created a smoke screen complicating the issue by unilaterally deciding to make the study to include municipality status.

This excerpt is Trustee Kaljur questioning the 3 prong policy.

This excerpt is a question about the Admin attending these meetings on his own regarding conversion to CVRD.

This excerpt is the Chair refusing to allow Trustee Kaljur to answer a landowners question claiming he’s trying to get questions from the audience and then immediately allows Trustee Elliott to ask a question.  Trustee Elliott also wants to know why municipality status has been introduced and the Chair states he can’t pull it out of his head right then – no kidding.  Elliott confirms the board NEVER instructed the Admin to take this action.

This excerpt is a question as to why UBID isn’t going directly to the CVRD for the conversion process.  The Chair wrongly answers that’s not the way it works.  BS.

This excerpt is Trustee Kaljur questioning why the Chair refuses to recognize her when she requested to answer landowners question.












Posted in Government, UBID

Union Bay Landowners Taking Issue With UBID Trustees Closed Meeting Tactics – Ignoring the Electorate

LETTER: Area resident suspicious of UBID tactics after latest closed door meeting

Dear editor,

You don’t need to be a resident of Union Bay to know that the government of the district has experienced many struggles, trustee, and personnel changes in the last 10 years. It seems obvious to me that the area has outgrown the capabilities of a small, nearly volunteer-based group of individuals to lead it.

After a recent particularly nasty conflict between a developer and the board, a facilitator from the province was asked to step in and find some common ground. The dividing issue at the time was the setting up of a water treatment plant.

After many months of discussions a new agreement was reached with the developer and land was transferred last December to the Union Bay Improvement District for the community to build its own treatment plant. During these difficult negotiations a petition had been circulated and signed by over 400 residents requesting that UBID’s assets be transferred to the CVRD. Clearly, residents were worried that they were losing control of their water services. This petition was signed over a year ago. In a board meeting held in November 2017 the board approved a motion by one of the trustees to write a letter (two paragraphs would be sufficient) asking the CVRD to commence a study, at their expense, investigating the plusses and negatives of joining the CVRD.

Personally I was hugely relieved to hear this.

Imagine my disappointment to find that the motion to write that request letter has now been overturned in a closed door meeting. The reason given was that the board was too busy dealing with other issues. Too busy to write a two paragraph letter?

I am not a suspicious person by nature but the opposition to this simple, free, request is baffling to me. What is the benefit and to whom of not following through with this letter if it is for information purposes only?

Agreed, there are other issues to be dealt with at the moment, but there will always be threats to our little community. Sometimes there are advantages to being part of a larger body with experience and a knowledgeable, paid staff and a roster of advisors at their disposal.

But I guess I will never know as my board has made this decision for me.

In the dark in Union Bay.

Mary Jo Purvis

Fanny Bay

EDIT.  Couple of comments posted on the Record to this letter:


Here’s what Trustee Bitten incorrectly stated at the All Candidates Meeting April 2017 (not to be confused with the All Candidates Meeting where Bitten, Haraldson and Jednorog planned the disruption due to their paranoia) about joining the Regional District.

Thankfully, Scott Fraser, our MLA provided accurate information to correct the misinformation trumpeted by Bitten.  Wonder what Bitten thought about having to meet with Scott about the logging – did mrknowitall listen or do the usual talking nonsense?


Posted in Government, Kensington Island Properties aka KIP Costanza, 34083 Yukon Inc., UBID

Any Bets on When Kensington Island Properties aka 34083 Yukon Inc. Will Proceed?

For anyone who missed the updated FAQ on the Revised Master Development Agreement.

Check out the sewage portion.  KIP can’t build any homes unless there is a sewage system.  KIP has always promised (although we know how little that means) the outfall would not be to Baynes Sound and offered all the pretty pictures for a system using reclaimed water.  See:

After all the BS about how KIP had budgeted for the coal hill remediation and barging in sand from Texada – poof – KIP dumps his contaminated portion on the Province.  Who do you think is going to pay for it now?  Not KIP.

From January 2006.

Utilities:  “Contained within the utilities will be a new state-of-the-art water system and sewage treatment facility.  100% of the cost will be paid for by Kensington”.

Liar, liar, pants on fire!

Posted in Government, UBID

MLA Scott Fraser Acknowledging Receipt of Union Bay Landowners Letters on Logging in Our Watershed

Everyone who wrote letters to Scott Fraser should have received this response.


Hello Mary,


Thank you for writing me in regards to logging on Langley Lake.


I’ve spent my career in politics fighting for clean water, sustainable forests, and habitats for wildlife and for future generations of British Columbians to enjoy.

For years the former government sacrificed the environment for short term economic gains. This government will make sure any logging on private lands follow regulations set out in the Private Managed Forest Land Act and the Drinking Water Protection Act.


I will be meeting with the Union Bay Improvement District to discuss how we protect their drinking water supply. I am also working with the Ministry of Forests, Lands, and Natural Resource Operations on the issue around logging at Langley Lake as well as other private logging operations throughout Vancouver Island.


Thank you again for taking the time to write me in regards to logging on Langley Lake.


Yours truly,


Hon Scott Fraser, MLA

Mid Island-Pacific Rim

250-720-4515  |   1-866-870-4190


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