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16 Chemainus Valley Courier DECEMBER 2012Appeal court sides with North Cowichan,rejects Halalt First Nation’s well argumentNORTH COWICHAN – A lengthy battle over the ChemainusWells project has been won by the Municipality of NorthCowichan.In a November ruling, the BC Court of Appeal supportedthe Municipality of North Cowichan’s appeal and ruled that theMunicipality can operate the Chemainus Wells project effectiveimmediately.Halalt First Nation had challenged the use of the wells,maintaining there would be a negative impact on the environment.“While we are pleased that we are now able to provideChemainus residents with clean, safe, drinking water, we alsorealize that our Halalt neighbours will be disappointed with thisoutcome,” Mayor Jon Lefebure said.“We are, however, committed to working with the Halalton the Chemainus Wells project and other projects within itstraditional territory.”The Municipality will be flushing the wells which have beenidle since June 14, 2011. Once flushing is complete, thecommunity of Chemainus will be supplied from the wells andthe present Banon Creek supply will be turned off.Chief James Thomas says Halalt will continue to press forwater protection and is consulting its legal council aboutappealing to the Supreme Court of Canada.“Halalt will continue to do everything we can to protect ourriver and the aquifer.“We are stewards of the entire watershed. It is our job toprotect the fish and habitat from the estuary to the river’s source.”Summer pumping, when the Chemainus River is often atextremely low levels, remains prohibited. The court of appealemphasized that any request by the North Cowichan for approvalof summer pumping would require new environment assessmentand consultation with Halalt.The appeal court also left intact the Supreme Court’s conclusionthat Halalt has a strong argument for an ownership interestin the groundwater being removed by the pumping.The appeal court set aside a 2011 ruling by the BC SupremeCourt that the District of North Cowichan’s Chemainus Wellsproject could not be operated unless and until the provincecompleted proper consultation about the project with Halalt.On appeals by the province and the municipality, the appealcourt held that the province’s consultation with Halalt had beenlegally adequate.As a result, North Cowichan will be allowed to operate thewells during the winter months (October 15 to June 15) asspecified in the province’s original approval.In July 2011, the Supreme Court of BC set aside the BCEnvironment Assessment Certificate issued for the operationof the Chemainus Wells project.The Court Order required that the wells not be operatedpending further consultation by the Province of BC with theHalalt First Nation.This decision was appealed by North Cowichan and theProvince in May 2012.Tweaks toChemainusparking suggestedNORTH COWICHAN – A comprehensivereport into the parkingsituation in Chemainus has beenpresented to council.The report follows a three-daystudy in July that included aWedesday market day, an ArtBeatFriday and a typical Saturday.The study concluded that there isno real need for additional parkingbut North Cowichan could do a betterjob of letting visitors know whereparking is available.Daniel Casey of Boulevard TransportationStrategy says a suggestionto relocate bus parking to WillowStreet from the Waterwheel parkinglot received little support.Casey suggested additionalparking could be created by extendingthe angle parking on ChemainusRoad across from the Legion.He added there is a need toimprove signage and educateemployers and employees aboutparking strategies.
DECEMBER 2012 Chemainus Valley Courier 17Give your family thegift of peace of mindand fi nancial securityAsk a VIIC specialistabout life insurance250-245-802215-370 Trans Canada HwyCoronation Mall Beside the Dollar StoreREQUEST A QUOTEONLINE @viic.caREMEMBERINGJanet Mitchell (standing) of the Royal Canadian Legion Chemainus Branch 191and Rev. Fran Darling participated in the Remembrance Day ceremonies at theCenotaph. The event drew another huge crowd despite the cool and rainy weather.(Photo by Warren Goulding)
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