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DRIPA Challenge: Please Support Us

Thank you for your willingness to help support the Pender Harbour and Area Residents Association’s (PHARA) legal challenge to the BC Declaration on the Rights of Indigenous Peoples Act (DRIPA) and Order in Council 2022-0444. We gratefully accept support in any amount, and please feel free to share this information with others. Please include your email address so we can contact you with updates. No receipts will be mailed as donations are not tax deductible. Cheques: Official cheques, bank drafts or money orders should be made out to Pender Harbour and Area Residents Association and mailed to Box 15, Madeira Park, BC, V0N 2H0 Direct deposits: Direct deposits can be made to PHARA’s DRIPA Litigation Fund bank account at Sunshine Coast Credit Union, account # 71413 E-transfers: Donations of up to your bank’s pre-set limit can be made by e-transfer. 

1. Add PHARA as a new contact (name: PHARA, email: board@phara.ca). 

2. Go to “Send Transfers By” and select “email.” 

3. For the initial e-transfer, set a security question and answer. (This is a formality; we have auto deposit.) 

4. Once PHARA is added, proceed to the “Send via Interac e-Transfer” page. 

5. Select your account, specify the amount, and in the Message box, note DRIPA Litigation Fund and include your email. 

6. Check the box confirming PHARA’s auto deposit registration. 

7. Click Continue to complete the process.

*** PLEASE ENSURE YOU READ THE TERMS BELOW ***

Litigation Fund donations are not tax deductible.Litigation Fund Donations may be used for one or more of several potential streams of legal work related to dock management regulation and potential sishalh Nation decision making under agreements the provincial government may negotiate under s. 7 of the Declaration on the Rights of Indigenous Peoples Act. This would include legal advice and opinions, advice regarding government consultations and engagement, preparation of correspondence to government and other parties, participation in meetings with government and other parties, public outreach, governance advice regarding internal PHARA decision-making and advice related to these matters, and litigation if and as required (including funding one or more individuals to undertake judicial review actions in respect of specific decisions related to the above).

Decisions about the use of the Litigation Fund donations will be made by the PHARA Board and those providing Litigation Fund donations to PHARA will not be able to direct the specific use of such funds or be involved in the PHARA instructions to its legal counsel.

While PHARA intends to provide periodic public updates on its activities, the provision of Litigation Fund donations does not entitle any donor to any specific information, and in no case will PHARA share information that is subject to lawyer-client privilege or which PHARA’s legal counsel advises should not be disclosed.

At the conclusion of the litigation or if at any time the PHARA Board decides it no longer is required to or no longer wishes to be actively involved in litigation, in PHARA’s sole discretion the remaining Litigation Fund donations may (a) be donated to another entity engaged in similar activities to protect the interest of citizens affected by the Province’s Dock Management Plan, DRIPA s. 7 negotiations or related issues, or (b) donated to a charitable organization of PHARA’s choosing. Litigation Fund donations will not be returned to donors.

PHARA cannot pursue this important litigation on behalf of the citizens of the Province of BC without the support of people like you. We thank you for believing in our mission and contributing to our efforts.

Thank you,
PHARA Board
board@phara.ca

April/24/2024

Status Report:
PHARA and the proposed Dock Management Plan

Your PHARA team has been trying to engage with the Province and the shíshálh Nation on the DMP, for more than a decade, and Section 7/Land Act Amendments for the past 2 years.

In the recent past, the Province has imposed preconditions and limitations on what can be discussed during these deliberations and allowed very limited time for discussions. In a recent example, our reply to their proposed Section 7 agreement was sent in 2022. To date they have not replied in any form to our valid detailed concerns.

When the revised DMP was introduced, we requested full and open discussions without restrictions on the main issues surrounding the DMP and its implementation. We also requested that discussions be held in an open forum, not in secret or with non disclosure agreements (NDAs).

We wanted to discuss all the issues surrounding the Dock issue, which is much more than just the width of a dock, light penetration, boathouses or grandfathering.  It’s how docks will be managed in the future and by who? Who would be the decision makers, and who would be making future changes to the regulations? Those are the real issues.

After much public outcry, the Province setup an advisory committee consisting of various affected groups to determine Terms of Reference (TOR), which details what can be discussed and by who. TOR by definition, limits discussion.

The Province did not reply to our request for unrestricted participation. The entire correspondence is posted on our website, PHARA.ca.

Why would the Province or shíshálh Nation
not engage in an open and transparent manner?

As a result, we are not currently participating in the recently formed Advisory Committee who we understand have spent the last 2 – 3 weeks trying to agree on what can be discussed (TOR) and by who. These terms of reference have not yet been seen or discussed as once again it’s all being done in secret.

Even if we assume that a “perfect” dock management plan could be negotiated, one has to realize that the current Section 7 Order In Council (OIC) negotiations are still proceeding.

Should the OIC be implemented, the shíshálh Nation will have an equal say as to whether docks, boathouses or changes to the Plan will be approved in the future (such as at end of term). The shíshálh Nation will in fact have a veto on any of these decisions.

Accordingly, we are strongly considering a further challenge to the proposed Section 7 agreement and the entire Declaration of the Rights of Indigenous Persons Act (DRIPA).

This would be a major step forward for PHARA, but one we may consider necessary to protect the rights of our citizens. It would not be undertaken lightly without due regard for all implications.

We will keep all of you informed if a challenge is commenced.

Thank you for your unwavering support, both morally and financially to date.

PHARA Board

March 14, 2024

The Sunshine Coast’s Disastrous Dock Management Plan

After 20 years, the Province still refuses to seriously consult with property owners

March 14, 2024 3:05 AM EDT | Source: Pender Harbour and Area Residents Association

Pender Harbour, British Columbia–(Newsfile Corp. – March 14, 2024) – After a 10-year moratorium and 10 subsequent years tinkering with a Dock Management Plan (DMP) that remains untenable, the Province and the shíshálh Nation have failed miserably, according to the Pender Harbour and Area Residents Assn (PHARA).

Following the latest round of DMP amendments announced in November-which expanded the plan to include all the shíshálh claimed territory-and after a 90 day “public engagement” period, about 1,700 comments were received by the Province from concerned stakeholders. They raised fundamental issues with the government’s implementation of the DMP. “This is not something the Province can be smug about,” said PHARA director Sean McAllister. “This is clear evidence that the DMP has been an absolute and abysmal failure since its first draft in 2015 and following several ill-thought-out iterations.”

While a simple dock application sits in government offices for years, government somehow found a way to summarize all 1,700 submissions in a few weeks. But on reading the “What We Heard” summary report, PHARA concluded the summary is rushed, trivialized, slipshod and inaccurate by omission. Many of the concerns expressed by the community-such as asking for the science behind implementing zones where docks may or may not be permitted-were, despite numerous comments – not even mentioned in the summary. The Province chose what to include and the document more accurately could have been titled, ‘What We’ve Chosen to Hear.’

“Why bother if they were not going to report out on everything?” said McAllister, “We call upon the province to publicly release all the submissions in their entirety – all British Columbians need to see how voices are being ‘managed’ here.”

PHARA cannot accept that the Province and the shíshálh continue to refuse, for 20 years now, to consult in any meaningful way with stakeholders, and it is not conducive to reconciliation. Instead, the DMP has been thrust on the community by the Province and the shíshálh, developed behind closed doors and then handed down to the community as a fait accompli. Receiving comments, cherry-picking them and the science, and then moving forward without face-to-face discussions is an insult to stakeholders who are most impacted by proposed changes. “This whole DMP controversy could have been avoided if we’d all sat down at a table as equal participants from the start,” noted McAllister. “Instead, government has created unnecessary conflict.”

To be clear – representatives of the provincial Ministers of Water, Land and Resource Stewardship and Indigenous Relations and Reconciliation have recently sought meetings with PHARA and other parties. But they have been unwilling to confirm that there are no “pre-conditions” to the discussions. They have refused to confirm the DMP itself and the pending negotiation of a related agreement under the Declaration on the Rights of Indigenous Peoples Act are on the table to talk about. And they have required some parties to sign non-disclosure agreements – which PHARA will not do. Citizens should not have to agree to be muzzled in order to meet with those who hold public office.

“The current Dock Management Plan needs to be scrapped in its entirety, along with the secret negotiation of the agreement to give the sishalh Nation legal powers under the Land Act,” said McAllister. “We need to go back and start again from scratch, working together as equals – this is not the way to advance reconciliation.”

Contact:
Sean McAllister
Director, PHARA
Email: board@phara.ca

ABOUT PHARA: Founded in 2013, PHARA is a non-profit volunteer organization which exists to support the interests and needs of residents and visitors of Pender Harbour, Egmont and the rest of Area A. PHARA believes that all important decisions that affect our communities should be made by those who live, work and play in the areas. Visit phara.ca.

Box 15
Madeira Park, BC
V0N 2H0
board@phara.ca

March/8/2024

Province Releases Summary of Comments Received Regarding Proposed Dock Management Plan Amendments.

Click Here

Febrary22/2024

A Win for the People Province Backs Down on Amending the Land Act

Due to an unprecedented public outcry over proposed changes to the Land Act, the province has delayed the legislation amending that Act. Those changes would enable the government to implement and put into place agreements with the 204 BC First Nations pursuant to Section 7 of the Declaration of the Rights of Indigenous Peoples Act. Those agreements, once entered into, have the effect of requiring the government to either obtain prior consent with the Indigenous governing body or establish a joint decision-making agreement. Either way, consent of the Indigenous body would be required.

The Land Act Amendments would allow the government to enter into these agreements with the First Nations concerning all Crown Land in BC, which makes up approximately 95% of the province.

Currently, the government is negotiating a Section 7 agreement with the shíshálh Nation concerning “docks in the swiya.” This announcement merely puts the necessary Land Act Amendments on hold but does not stop these ongoing negotiations.

In a February 21 news release, Nathan Cullen, Minister of Land, Water and Resource Stewardship, said, “Over the past several weeks, I have had the opportunity to discuss proposed amendments to the Land Act with over 650 representatives of stakeholder groups representing tens of thousands of British Columbians, from mining, forestry, oil and gas and clean energy, cattle ranchers, to adventure tourism operators, snowmobilers, hunters and anglers, and many others . . . I’ve also heard that we need to take the time to further engage with people and demonstrate the real benefits of shared decision-making in action. We want to get this right and move forward together.” He concluded: “For that reason, our government has decided not to proceed with proposed amendments to the Land Act.”

We note that PHARA was not included in those discussions Minister Cullen speaks of, notwithstanding that we are the only community we are aware of that is affected by a Section 7 agreement currently being negotiated.

This delay is a win for all those opposed to the province’s ill-thought-out Land Act amendments. In the case of the Sunshine Coast, without those amendments the province cannot continue its implementation of the Section 7 agreement being negotiated in secret between the province and the shíshálh Nation. That agreement would have given the Nation veto power over dock tenure authorizations on the Sunshine Coast.

The province and Nation still plan on revising the Dock Management Plan. Through hundreds of letters, the province has heard loud and clear that they must consult and give fair consideration to the concerns of all stakeholders. The province has said it will publish on March 8 a summary of the concerns expressed through the public engagement process.

Thanks to everyone who helped put pressure on the province to delay the Land Act amendments! Please stay tuned, as the battle to have a say in our dock tenures continues.

PHARA Board

February/2/2024

Global TV Covers the DMP and Land Act Amendments

Interviews with Robin Junger and Sean McAllister (PHARA) in Pender Harbour.

Click Here

January/29/2024

Should Indigenous Groups Have Control over BC Crown Land Decisions?

Our Provincial Government is attempting to change our Canadian Constitution by forming a new level of government, unelected First Nations!

Changes are being proposed to the BC Land Act that would give First Nations veto power over all Crown land use decisions, including water, in the province. If passed, the government will no longer have the power to make decisions in the public interest about Crown land. Instead, they are delegating the power to unelected First Nations who will have final say. This unprecedented engagement process was not announced to the general public or the media and has a March 31 deadline for comments. Click here.

PHARA’s legal counsel, McMillan LLP, has published an excellent opinion piece on the engagement process. Click here.

These changes to the land act will affect all British Columbians and add additional layers of bureaucracy to an already overstrained government.

January/14/2024

Province Extends Comment Period for DMP

Your support in challenging the proposed Dock Management Plan amendments has led to a last-minute extension of the comment period until February 16, instead of the original deadline of January 12. We attribute this extension, in part, to the letter addressed to Minister Cullen from our legal counsel at McMillan LLP. This additional time is crucial as we continue to attempt a meeting with the Minister responsible, enabling us to directly express our concerns regarding the poorly thought-out amendments to the DMP. If you haven’t read our letter to Minister Cullen, click here.
If you haven’t yet submitted your comments, there is still an opportunity to do so. Please click here, using Reference No. 2412772, to submit your comments to the province (click View Application Details) to submit your comments to the province. Additionally, ensure you send a copy to board@phara.ca, WLRS.minister@gov.bc.ca, premier@gov.bc.ca, and Simons.MLA@leg.bc.ca.

Many of our members have inquired about the Waterfront Protection Coalition and our association with them. We want to clarify that we wholeheartedly support this parallel group. The Waterfront Protection Coalition operates with a distinct set of resources, a mandate that spans the coast and province, and is actively raising funds for legal and other initiatives.

It’s important to note that PHARA specifically concentrates on the Sunshine Coast, particularly the shíshálh swiya region. Our newly established Sunshine Coast Dock Management Committee comprises approximately 20 representatives, not only from the Pender Harbour area but also from the entire Sunshine Coast, including lakes and islands, such as Nelson and Hardy. These representatives provide updates to their respective members following our meetings.

Our organization has fostered a nearly decade-long relationship with the Sunshine Coast Regional District (SCRD), the Provincial government, and the Nation. PHARA’s primary strategy is to advocate for a pause in the Dock Management Plan (DMP) and for all involved parties to engage in collaborative discussions to find a viable solution. Our focus lies in challenging the DMP on legal grounds, and any funds we raise are strictly allocated for legal fees.
We extend our gratitude to those who have contributed to our legal funds. Although we are unable to thank each of you personally, your support plays a vital role in defeating the amended DMP.
Thank you for your ongoing support. We encourage members to consider contributing to our legal fund. If you can assist, the easiest method is via e-transfer using the following steps:

1. Add PHARA as a new contact (name: PHARA, email: board@phara.ca).
2. Go to “Send Transfers By” and select “email.”
3. For the initial e-transfer, set a security question and answer. (This is a formality; we have auto deposit.)
4. Once PHARA is added, proceed to the “Send via Interac e-Transfer” page.
5. Select your account, specify the amount, and in the Message box note DMP Legal Fund.
6. Check the box confirming PHARA’s auto deposit registration.
7. Click Continue to complete the process.

For larger donations exceeding e-transfer limits, cheques can be sent to PHARA, Box 15, Madeira Park, V0N 2H0

Thank you from your PHARA Board.