After making a ruling in a precedent-setting case in Kamloops Supreme Court on Friday, Justice Joel Groves did something unprecedented.
Groves called out the provincial government for not doing anything for decades to make sure the public can fully access public land. That came after he ordered Douglas Lake Cattle Company to stop blocking access to Stoney and Minnie Lakes, located east of Merritt.
In a five-page epilogue, Groves urged the government to look into the Trespass Act and he asked the province to consider regulating access to public lakes.
“The problem will simply get larger as time passes. Simpy put, there is no more land to be created, and there are likely no more lakes to be created. Our province is growing and the legitimate demands of rural landowners who may make their living off the land will no doubt continue to come in conflict with the legitimate actions of citizens who desire to access lakes for recreation, fishing or simple enjoyment,” Groves stated.
“It is not hard to conceive that litigation of this type will become commonplace, and litigation is an expense and time consuming.”
Groves says in his 18 years working in B.C. courts, this was the first case where he felt the need to make a personal comment to the government.
Spokesmen for the Nicola Valley Fish and Game Club Rick McGowan echoed Groves’ criticism, saying more than a thousand B.C. lakes are blocked for private landowners to use, more than 30 of which are in the Nicola Valley.
“The sad part of this is traveling public, if they see a big sign saying ‘keep out,’ most people will keep out, even though legally they’re allowed to go to that lake,” McGowan says.
“People in the know can now rest assured that they can go fish there and be comfortable to do it. But what’s gonna happen in the future, I don’t know. It’ll take the government to step up.”
McGowan’s club has named the province in another lawsuit for blocking Corbett Lake, located next to the Okanagan Connector near Aspen Grove, indicating it has enabled private groups to use the public lake exclusively.
He says the non-profit club spent about $150,000 on the case against DLCC over access to Minnie and Stoney lakes, which was fundraised over nearly a decade. He adds the lawsuit related to Corbett Lake access will cost them upwards of $50,000.
