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Thread: DRIPA may face first legal test over boat docks

  1. #1
    Join Date
    Sep 2009
    Port Alberni

    Thumbs up DRIPA may face first legal test over boat docks

    DRIPA may face first legal test over boat docks

    Pender Harbour residents association plans to sue over co-management agreement

    The Pender Harbour Area Residents Association (PHARA) says it plans to launch a legal challenge to the B.C. government's decision to invest the Shíshálh (Sechelt) First Nation with co-management powers over dock tenures on the Sunshine Coast.

    At the heart of the legal challenge is the Declaration on the Rights of Indigenous Peoples Act (DRIPA).
    The PHARA said in a news release that it plans to challenge an Order in Council that directed two B.C. ministries to negotiate an agreement that gives the First Nation co-management decision making powers over dock tenures in Shishalh territory.

    The shíshálh swiya Dock Management Plan covers an area from Lang Bay to Roberts Creek on the Sunshine Coast. It has implications for all private dock owners and boathouse owners.

    Joint decision-making is provided for under Section 7 of DRIPA.

    The PHARA, which has expressed concerns over a lack of transparency over the way the agreement was negotiated, plans to argue the agreement exceeds the province’s constitutional powers.

    “PHARA will ask the court to rule that the DRIPA is beyond the province's constitutional power and that Order in Council 2022-0444 is invalid,” the PHARA said in a press release.

    "We take this action only after serious reflection and with a deep sense of responsibility," PHARA director Sean McAllister said in the press release.

    "But after nearly two years of being shut out of the shíshálh s. 7 agreement negotiations, after watching the botched consultations on the proposed Land Act amendments and after seeing government repeatedly go far beyond what Canada's constitution requires in terms of Aboriginal rights, we have been left with no choice."

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  3. #2
    Join Date
    Mar 2004
    Pemberton BC

    Re: DRIPA may face first legal test over boat docks

    Going to be interesting
    Knowledgeable shooters agree- The 375 Ruger is the NEW KING of all 375 caliber cartridges. ALL HAIL THE NEW KING!

  4. #3
    Join Date
    Feb 2017
    Maple Ridge

    Re: DRIPA may face first legal test over boat docks

    1st of many I'm sure.

  5. #4
    Join Date
    Sep 2006
    Langley & Magna Bay

    Re: DRIPA may face first legal test over boat docks

    Another scam by the government, they even tax you on a dock on property taxes (if lakefront) as we got taxed in Shuswap, and even though you bought and maintained your own dock they tax it… crooks
    I like drinking beer and whiskey, shooting guns, jetboating, love a nice rack and a tight line, I am simply a sophisticated redneck...

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