Tensions are rising on the Sunshine Coast, where some residents are raising concerns about proposed changes to how private docks are managed.
And one B.C. lawyer says the brewing dispute could be a portent of things to come, as the province mulls major changes to the BC Land Act.
The province and the shíshálh Nation are in the midst of negotiating a new dock management plan throughout the nation’s traditional territory.
Waterfront property owners say the changes could result in dozens of private docks and boathouses on the ocean and fresh water being removed or modified at tremendous cost to their owners.
Changes proposed under the plan include a ban on boathouses within private moorage tenures, a 30-square-metre maximum float area and a 50-metre maximum dock length.
“If the government stands firm on the current best management practices as they are framed, every commercial dock is going to have to be rejigged and rebuilt. And it’s going to cause havoc to any of the waterfront businesses that are here right now,” Sean McAllister with the Pender Harbour and Area Residents’ Association said.
According to the province, the purpose of the changes is to help minimize impacts on the marine ecosystem and archeological sites, addressing impacts on Indigenous interests, and advancing collaborative management between the nation and the province.
Residents feel environmental concerns about docks and boathouse haven’t been well communicated, McAllister said, with many believing water quality has actually improved in recent years.
Residents appreciate that the thinking around environmental protection has changed since many of the docks were built, but believe the new management plan should grandfather existing structures, and only apply to new or replacement builds.
The shíshálh Nation declined to comment for this story, but signed on to a joint statement with the province last Friday.
That statement alleges the public consultation phase to the management plan has been marred by “inflammatory and disrespectful statements and death threats toward the shíshálh Nation and shíshálh people,” both on social media and at the shíshálh Nation long house.
“The Province and shíshálh Nation are committed to a meaningful public engagement process focused on the proposed changes to the shíshálh swiya Dock Management Plan,” the statement adds.
“The vast majority of members of the public have taken the time to provide constructive, important feedback and comments for consideration on proposed amendments to the plan.”
The dispute comes as the province conducts public consultation on plans to update the Land Act, with the proposal to give more power to First Nations on their traditional territories.
Robin Junger, a B.C. lawyer who specializes in Indigenous law, said the Land Act update is part of broader work by the NDP government to bring legislation in line with the United Nations Declaration on the Rights of Indigenous Peoples.
He said the dispute on the Sunshine Coast provides an example of the types of conflict that could develop as that process unfolds.
“I think that’s why it’s causing a lot of concern — what will it mean when they review the Park Act, the Forest Act, the Local Government Act?”
“Will First Nations have the right to control and use parks, campsites, hunting rights? These are very legitimate questions.”
Public consultation for the dock management plan has been extended to Feb. 16, 2024.
Public engagement on the larger plan to amend the Land Act remains open until March 31.
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