Judge rules private landowners can’t block public access to B.C. lake

The Nicola Valley ranch’s position was that it owned Stoney Lake and Minnie Lake

  • Dec. 8, 2018 12:10 p.m.

–– Kamloops This Week

People in a packed Kamloops courtroom broke out in applause on Friday as a B.C. Supreme Court judge delivered a judgment described as decades in the making, ruling all lakes are public property and prohibiting private landowners from restricting access to them.

The decision was the culmination of a protracted trial spanning six years, pitting a wealthy private ranch — the Douglas Lake Cattle Company, owned by U.S. billionaire Stan Kroenke (husband of a Walmart heir and owner of the Los Angeles Rams, Colorado Avalanche, Arsenal and other professional sports franchises) — against the B.C. government and the Nicola Valley Fish and Game Club in a fight over access to two small fishing lakes.

The Nicola Valley ranch’s position was that it owned Stoney Lake and Minnie Lake because the bodies of water are surrounded by private property and alterations to the lakes had been made by the company. The ranch also claimed ownership of fish in the lakes by virtue of the fact it kept them stocked.

The fish and game club, on the other hand, argued B.C. laws don’t allow private landowners to control bodies of water or the fish inside them.

B.C. Supreme Court Justice Joel Groves ruled against the ranch. He determined roads in the area of the lakes that had been claimed as the property of the ranch were actually public. Groves also said the Douglas Lake Cattle Company may have to remove dams it has constructed to increase the size of some lakes, which resulted in flooded roads.

Groves ruled the ranch cannot lawfully block access to either lake, but he did place some limits on the actions of anglers, ordering catch-and-release fishing on both of the lakes.

“It would be nonsensical for a government to retain the rights to a lake if, by virtue of a single owner purchasing all the land surrounding a lake, that owner could prohibit public use or ownership of the lake,” Groves said in his ruling.

“It only makes sense that government would have retained the ownership of bodies of water, lakes, with the intention of the public being allowed to access water they retained.”

But, Groves added, there are limits.

“By access, I am not suggesting that there exists a right to motorboat or other vehicular access to bodies of water, but it only makes sense that the government’s intention in retaining ownership of lakes means that there is public access, as determined and regulated by government, to these lakes,” he said.

In his judgment, Groves also called out the provincial government for decades of inaction despite findings by provincial officials as far back as 1996 that the ranch’s actions were illegal.

“Yet the province did not respond to this apparent unlawful act. In fact, for over 20 years, it did nothing,” Groves said.

“Over 20 years, a privately held corporation, owning a large swath of land, prohibited the public from driving on a public road and the province did nothing. This is most unfortunate. … The province has continuously failed the citizens of British Columbia.”

Groves also issued a five-page epilogue imploring the government to change its laws and regulate access to address issues surrounding ownership and use of lakes and other Crown land. Failing to do so, he said, could lead to a wave of expensive litigation.

“First off, look at the Trespass Act. Is that really what you intend in today’s world?” Groves said. “Secondly, if you own the lakes of the province, which you do, can you not regulate access? There really is no point to ownership, otherwise.”

As Groves stood up to leave the courtroom — packed with about 75 spectators — supporters of the fish and game club broke out in applause.

Douglas Lake Cattle Company ranch manager Joe Gardner was not one of those celebrating.

“I think I want to read it and think about it,” he said of Groves’ decision. “I’ve got no comment other than that.”

Speaking to reporters outside court, Nicola Valley Fish and Game Club spokesman Rick McGowan called the decision “a win” for his organization, but not the end of the fight.

“It’s good for future litigation,” he said, noting he has been involved in the battle for lake access for 30 years.

Douglas Lake Cattle Company has not indicated whether it intends to appeal Groves’ decision.

Tim Petruk, Kamloops This Week

Like us on Facebook and follow us on Twitter.

Just Posted

Surrey RCMP seeking help to find man missing since Nov. 7

Hyung ‘John’ Lee was last seen in the 13300-block of Old Yale Road

Pair of proposed Guildford highrises coming to public hearing Monday

City of Surrey received 229-signature petition opposing the plan

‘Stuff the Sleigh’ event aims to collect 5,000 Christmas toys for Surrey children

The Surrey Central Lions Club event will support the Surrey Christmas Bureau

Surrey kidnapping suspect still at large

Meaz Nour-Eldin is wanted in a 15-month-old Surrey kidnapping and assault case

VIDEO: B.C. couple creates three-storey ‘doggie mansion’ for their five pups

Group of seven, who Kylee Ryan has dubbed as the ‘wandering paws,’ have a neat setup in Jade City

MacKinnon powers Avs to 5-4 OT win over Canucks

Vancouver battled back late to pick up single point

Paul Bissonnette joins Vancouver Warriors after tweeting he could walk on to an NLL club

Bissonnette will join the Warriors for their final week of training camp at Rogers Arena

Port Alberni mom takes school district to court over Indigenous smudging, prayer in class

Candice Servatius, who is an evangelical Christian, is suing School District 70

Body found after SUV found fully engulfed in flames in Abbotsford field

The Integrated Homicide Investigation Team have been called in

Family of B.C. man killed in hit-and-run plead for tips, one year later

Cameron Kerr’s family says the driver and passengers tried to cover their tracks

Princeton couple pays for dream vacation with 840,000 grocery store points

It’s easy if you know what you are doing, they say

Chilliwack family’s dog missing after using online pet-sitting service

Frankie the pit bull bolted and hit by a car shortly after drop off through Rover.com

B.C. wildlife experts urge hunters to switch ammo to stop lead poisoning in birds

OWL, in Delta, is currently treating two eagles for lead poisoning

Most Read