Dispute over houseboats in Okanagan Lake

It’s been a bit of rough sailing recently for the City of Kelowna as it tries to give the heave-ho to some so-called floating squatters.

The city is trying to clear Sutherland Bay of boats it claims are illegally moored.

In February, the city posted eviction notices on various vessels anchored at the bay and gave the owners until the end of the month to re-locate.

But four months later, there are even more boats anchored in the bay.

It seems the boat owners are ignoring the city’s directive, disputing the contention that its water zoning bylaw extends all the way out to the middle of Okanagan Lake.

Stephen Fleming from the City of Kelowna says a provision of the bylaw is you can only moor your boat for a 24 hour period.

Walley Lightbody, a lawyer who represents two houseboat owners in a similar dispute with the District of West Kelowna, says the two municipalities have overstepped their legal authority with the bylaw.

Lightbody says the lake is federal water and under the jurisdiction of the Navigable Waterway Protection Act and the Canada Shipping Act.

He believes local governments do not have jurisdiction over the water.

The dispute will sail into the courts later this year.

Lightbody predicts whatever the initial court decision, it will be appealed.

He predicts it could go all the way to the Supreme Court of Canada.

Meanwhile, the city says its eviction efforts are in response to complaints from nearby residents that the boats are an eyesore and a possible pollution threat.