In response to a court challenge brought by the MNNA, the District of Central Saanich has initiated a repeal of the by-law that would have enabled the controversial water line to proceed and the parties to the case have agreed to halt the case, with the District paying MNNA’s court costs.
MNNA’s case sought to quash a District Local
Service Area Bylaw to install a municipal water distribution system
along Mount Newton Crossroad to Senanus Drive. MNNA’s suit alleged a
number of legal problems with how the bylaw was enacted, including the
use of false and misleading information in collecting signatures for a
petition calling for the Bylaw.
District of Central Saanich repeals bylaw,
pays court costs for neighbourhood group
A pressing need for the urban servicing was never proven by the District.
“The Mount Newton neighbourhood is rural and outside the Urban Containment Boundary" says MNNA board member, Chris Paynter.
“Water issues in this community should and can be resolved without piping in water where
the Official Community Plan discourages extension of such services. The
preservation of the rural character of Mt Newton valley is of vital
concern to the MNNA. ”
The District of Central Saanich in enacting the
bylaw had ignored the advice of Municipal Staff and the Municipal
Solicitor, who had earlier stated that there was a high risk of a
Judicial Review court challenging the bylaw.
The MNNA is pleased with
this victory but dismayed over the District's waste of tax dollars on an
unnecessary court case. MNNA Board member Bob Bocking
notes:
"It shouldn't be necessary for citizens to take their
municipality to court in order to ensure that laws are followed, and
citizens are treated fairly."
The environmental organization West Coast Environmental Law provided some of the funding for MNNA’s legal challenge. Andrew
Gage, West Coast’s Acting Executive Director, explained:
“Decisions
about municipal infrastructure have a huge impact on how communities
develop. To avoid legal challenges, local governments need
to make these important decisions in ways that follow the law and are
transparent and accountable.”
The case brought by the Mount Newton Neighborhood
Association was made possible by MNNA’s lawyer, Irene Faulkner, and the
numerous individuals and organizations that provided support, including
West Coast Environmental Law and the Environmental Law Centre at the
University of Victoria.
