What's New With Big Yachts

By Doreen Marion Gee

Things happen at a frantic pace in Victoria. Since my last articles on the marina proposal and the float homes, the air is abuzz again with major developments. Here is a quick update:

Fisherman's Wharf: In response to the float home owners' application to the Residential Tenancy Branch (RTO) for a hearing about the moorage rate increases, the Greater Victoria Harbour Authority (GVHA) has lodged a BC Supreme Court action. The GVHA's legal action seeks to prohibit the float home owners from seeking recourse through the RTO because they feel that the tenancy office has no jurisdiction over float homes. The GVHA hopes to circumvent the RTO hearing set for May 28, 2010. From an entirely objective viewpoint, this does not make any logical sense. The reason for the RTO hearing is precisely to see if the mandate of our provincial tenancy laws could possibly include float homes and if so, what protection could the RTO offer against unreasonable moorage increases. The purpose of the May 28 tribunal is to ascertain whether the RTO has any jurisdiction in this matter.

Mega Marina: The opponents of the marina are very disappointed that Transport Canada has given thumbs up the Environmental Assessment of the marina. Transport Canada and Fisheries and Oceans still have not approved the marina but opponents fear that the green light to the assessment means that the final approval is imminent. But opponents of this controversial development are not giving up and they pledge to fight this to the end. In the anti-marina rally on April 17, Denise Savoie gave an impassioned speech: "The developer has not won yet and he is not going to win!" The marina opponents have thirty days to appeal the assessment decision and Savoie has promised her total support to them. The Save Victoria Harbour group is seeking the help of Eco Justice Environmental Law Firm - they feel that their only option now is a legal one. It is noteworthy that the environmental review was done by Chatwin Engineering, who works for the developer. It would seem that a very important decision by our federal government would at least be based partly on the government's own objective environmental assessment.

Mayor Fortin has come out publicly to state that he is opposed to this newest mega version of the old marina concept. Fortin is declaring the city's riparian ownership rights to Lime Bay Park. He asserts that the marina will prevent emergency boats from accessing the water in front of the park. In the Times Colonist article covering his position, the developer threatens legal action against the city saying that the Mayor "is putting the taxpayers very much at risk here." On April 16, Robert Evans evicted a reporter from his media conference because he does not like his coverage of the issue. The YouTube video of this event is a telling story of a developer's public relations.

Savoie's major concern is the lack of any kind of democratic process with this marina proposal. With overwhelming opposition to this project, it is perplexing that the federal government is not taking into account the valid views of residents, kayakers and environmentalists and people who work in the harbour when it is making important decisions.

As we go to press, I have another news flash: On May 12, 2010, the marina project got all of its federal approvals. But there is a long way to go - the Province has to decide on a lease and the City has to decide on a development permit. It is interesting that the last time Bob Evans asked for a provincial lease in 2005, the Province turned him down because his marina violated the riparian rights of the condo owners. In a recent legal opinion by one of the biggest legal firms in BC, Lawson Lundell LLP, their lawyer reaffirmed those riparian rights of the condo owners stating that the condo owners have certain legal rights to that Crown water lot in front of their homes. Maurine Karagianis, Esquimalt MLA, has introduced a private members motion calling on the government to reject the developer's lease application. According to John Luton, City Liaison for Vic West, Evans' application for a development permit will come to Council in a public meeting. In a May 7 letter to Mayor Fortin, marina opponents are urging him to rezone that Crown water lot to a park which will prohibit a marina. Luton states that "The issue of rezoning the water lot owned by the province is something we have an answer on at the moment but we will be discussing our options. Any rezoning would go before a public hearing and be voted on by Council.

For a complete list of federal, provincial and government contacts please visit the website of www.savevictoriaharbour.com