Vernon, BC, Canada / 1075 Beach Radio Vernon Pete McIntyre May 16, 2018 10:44 am
The Okanagan Equestrian Society says it hasn’t ruled out appealing a BC Supreme Court decision over the use of Kin Race Track Park in Vernon. A judge has sided with the City of Vernon and Regional District of North Okanagan in the dispute that dates back over a decade. Click here to read the 85 page judgement from Justice Michael Tammen.
Society vice president Ed Woolley says they have a month to decide if they will appeal the ruling.“We’re obviously disappointed with the decision that came down. We’re, right now, looking at our options around appeal, and we’re going to have some discussions with our counsel as to where we go from here,” Woolley told Beach Radio News. The judge disagreed with the Society’s claim that a 1965 agreement created a charitable trust in perpetuity, and prevented the local governments from using the land for activities other than horse racing and training. Vernon Mayor Akbal Mund says the city will be discussing when, and what, they can do on the site, which has been earmarked for new recreational facilities. “I don’t know if it will be this council, or the next council that’s elected, that will make a decision about what happens on that property. You don’t have any winners anytime you have to go to court. I’m sure the Equestrian Society isn’t happy, but that’s what happens when you go to court and you don’t settle outside. But we’re happy at that city, that we’ve been awarded the land.” Mund tells Beach Radio News. Back in 2010, the Greater Vernon Advisory Committee came up with a general plan to use the site for new ice rinks, a gymnastic facility, a BMX Park, and more, but the plans were put on hold due to the legal dispute.“It will be re-discussed. I know that plan included a BMX track if I recall, some baseball fields, a rugby pitch and other fields, so that will be revisited. It also included a new recreation facility itself, whether that means a new pool or gymnastics, or something other sports organization could use.” Mund was not immediately aware of how much the city has spent on legal costs in the case, but he expects that figure to be released in a few weeks.The mayor says as part of new recreation agreement that took effect this year, that property was signed over to the City by RDNO.
9 am story:
A long running dispute over the use of Kin Race Track Park in Vernon has been decided by a judge. BC Supreme Court justice Michael Tammen has ruled in favour of the City of Vernon and the Regional District of North Okanagan who were taken to court by the Okanagan Equestrian Society. The judge’s key ruling shot down the Society’s claim that a 1965 agreement created a charitable trust in perpetuity, and prevented the local governments from changing the land for activity other than horse racing and training.The judge also dismissed the society’s claim to general and special damages, but did entitle them to their costs. The city and RDNO have planned to use the land for new recreational facilities, but that plan has been on hold since 2010, pending a legal resolution.
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also see https://www.vernonmorningstar.com/news/equestrian-society-loses-to-vernon-in-track-battle/
Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts
Wednesday, May 16, 2018
Friday, January 26, 2018
RCMP fined in wake of Moncton shooting rampage
The Canadian Press Published Friday, January 26, 2018 9:29AM EST
MONCTON, N.B. - The RCMP has been ordered to pay $550,000 for failing to provide its members with proper equipment and training in the wake of a fatal shooting rampage four years ago in Moncton, N.B. Judge Leslie Jackson handed down the sentence today in Moncton provincial court, which was packed with media and relatives of some of the officers who were gunned down in 2014. Jackson fined the national force $100,000, along with $450,000 in charitable donations for scholarships at the Universite de Moncton and an education fund for the children of the fallen officers. The Crown had asked that a $1-million penalty include a $100,000 fine to the court, memorial scholarships, educational trust funds as well as other donations. Constables Doug Larche, Fabrice Gevaudan and Dave Ross were killed, and constables Eric Dubois and Darlene Goguen were injured, when gunman Justin Bourque went hunting police officers in a Moncton neighbourhood. The force was convicted of failing to provide its members with adequate use-of-force equipment and user training.
MONCTON, N.B. - The RCMP has been ordered to pay $550,000 for failing to provide its members with proper equipment and training in the wake of a fatal shooting rampage four years ago in Moncton, N.B. Judge Leslie Jackson handed down the sentence today in Moncton provincial court, which was packed with media and relatives of some of the officers who were gunned down in 2014. Jackson fined the national force $100,000, along with $450,000 in charitable donations for scholarships at the Universite de Moncton and an education fund for the children of the fallen officers. The Crown had asked that a $1-million penalty include a $100,000 fine to the court, memorial scholarships, educational trust funds as well as other donations. Constables Doug Larche, Fabrice Gevaudan and Dave Ross were killed, and constables Eric Dubois and Darlene Goguen were injured, when gunman Justin Bourque went hunting police officers in a Moncton neighbourhood. The force was convicted of failing to provide its members with adequate use-of-force equipment and user training.
Wednesday, August 09, 2017
Kin Civil Suit Trail Delayed Until Fall
Vernon, BC, Canada / 1075 KISS FM Pete McIntyre August 09, 2017 06:19 am
The civil trial over use of Kin Race Track in Vernon will need more time.Robyn Dalziel from Okanagan Equestrian Society after ten days of court time, the two sides will return to court in New Westminster for one or two days at the end of September. “They will finish up the last few things and then it will be three to six months for a decision I’ve heard.” The issue has already spent ten days in court as the society looks to keep holding horse events at the park, and fighting its eviction by the local governments.The City of Vernon and regional district are looking to use it for other recreational purposes.
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Also see https://www.castanet.net/news/Vernon/203814/1-more-day-for-Kin-case
The civil trial over use of Kin Race Track in Vernon will need more time.Robyn Dalziel from Okanagan Equestrian Society after ten days of court time, the two sides will return to court in New Westminster for one or two days at the end of September. “They will finish up the last few things and then it will be three to six months for a decision I’ve heard.” The issue has already spent ten days in court as the society looks to keep holding horse events at the park, and fighting its eviction by the local governments.The City of Vernon and regional district are looking to use it for other recreational purposes.
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Also see https://www.castanet.net/news/Vernon/203814/1-more-day-for-Kin-case
Thursday, August 03, 2017
Track Trial Nearing Finish Line
Vernon, BC, Canada / 1075 KISS FM Pete McIntyre August 03, 2017 02:00 pm
The fate of Vernon’s Kin Race Track will soon be in the hands of a BC Supreme Court judge. A ten day civil trial in New Westminster between the Okanagan Equestrian Society and the City of Vernon and Regional District of North Okanagan, is expected to wrap up Friday. The society wants to keep the park for horse events, while the governments want to use it for other recreational purposes. The society is fighting its eviction from the 43rd Avenue park delivered in 2010. Society president Robyn Dalziel says Justice Michael Tammen is expected to take up to two months to make a decision. “That’s kind of the standard on a big case with as much paperwork as we’ve submitted,” Dalziel tells Kiss FM. Dalziel says nine witnesses have given evidence for their side, including herself, while up to three have testified for the governments. “All we can tell while the trial is going on is that its moving along nicely, and we will finish within the ten days,” says Dalziel. The two sides will provide written final submissions, rather than orally, to speed up the process. “We’ve got to finish it that ten days, otherwise the whole matter gets adjourned until the judge and three lawyers can get together again, and that could be a year,” adds the society’s president. The City and RDNO say they are hoping the case will provide clarity on the land’s future.
The fate of Vernon’s Kin Race Track will soon be in the hands of a BC Supreme Court judge. A ten day civil trial in New Westminster between the Okanagan Equestrian Society and the City of Vernon and Regional District of North Okanagan, is expected to wrap up Friday. The society wants to keep the park for horse events, while the governments want to use it for other recreational purposes. The society is fighting its eviction from the 43rd Avenue park delivered in 2010. Society president Robyn Dalziel says Justice Michael Tammen is expected to take up to two months to make a decision. “That’s kind of the standard on a big case with as much paperwork as we’ve submitted,” Dalziel tells Kiss FM. Dalziel says nine witnesses have given evidence for their side, including herself, while up to three have testified for the governments. “All we can tell while the trial is going on is that its moving along nicely, and we will finish within the ten days,” says Dalziel. The two sides will provide written final submissions, rather than orally, to speed up the process. “We’ve got to finish it that ten days, otherwise the whole matter gets adjourned until the judge and three lawyers can get together again, and that could be a year,” adds the society’s president. The City and RDNO say they are hoping the case will provide clarity on the land’s future.
Tuesday, July 18, 2017
Park camping clarified
RICHARD ROLKE Morning Star Tue Jul 18th, 2017 8:00 am NEWS
Rules regarding camping in Vernon parks are being clarified. On Monday, city council gave three readings to the parks and public places (temporary overnight sheltering) amendment bylaw. “There’s been a lot of work done by staff and council to make sure we’re doing the right thing,” said Mayor Akbal Mund. Under the proposed bylaw, an individual camping in a park or public space must dismantle and pack up the temporary shelter prior to 9 a.m. the following day. That does not mean that they have to leave the park with the shelter. “They could have it in their backpack just like anyone else (who goes in the park),” said Mund. Under the bylaw, no person shall make or cause to be made noise, vibration, odour, dust, illumination or undertake any activity that is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public in a public place, including but not limited to failing to remove objects from the park that interfere with public park use. Temporary shelters will also not be allowed on sidewalks or boulevards. It’s anticipated the bylaw will be adopted by council Aug. 14. As a result of recent court rulings, municipalities cannot prevent people from camping in parks if there isn’t space available at homeless shelters.
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Vernon, BC, Canada / 1075 KISS FM Pete McIntyreJuly 19, 2017 06:21 am
Camping In City Parks Clarification
Vernon council has clarified the rules covering camping in city run parks, such as Polson. The proposed bylaw would force people camping in a park to take down and pack-up their temporary shelter prior to 9 am the following day.Camping will only be allowed if local shelters are full. Mayor Akbal Mund says final approval and enforcement of the bylaw could start in mid August. ” I don’t think it’s going to be overly aggressive. They’ll pack up and they’ll get out. That’s as simple as it will be, right. We’ll see what they do after that. I don’t know.” However, it doesn’t mean they have to actually get out of the park after 9 am. “You have to take down your shelter by 9am and cannot have anything that is existing in anything like a campsite. They can take it down, but they can carry it around.” The city is also banning temporary shelters on sidewalks or boulevards.
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As well as banning temporary shelters on sidewalks & boulevards, the following public spaces ban temporary shelters.
Rules regarding camping in Vernon parks are being clarified. On Monday, city council gave three readings to the parks and public places (temporary overnight sheltering) amendment bylaw. “There’s been a lot of work done by staff and council to make sure we’re doing the right thing,” said Mayor Akbal Mund. Under the proposed bylaw, an individual camping in a park or public space must dismantle and pack up the temporary shelter prior to 9 a.m. the following day. That does not mean that they have to leave the park with the shelter. “They could have it in their backpack just like anyone else (who goes in the park),” said Mund. Under the bylaw, no person shall make or cause to be made noise, vibration, odour, dust, illumination or undertake any activity that is liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public in a public place, including but not limited to failing to remove objects from the park that interfere with public park use. Temporary shelters will also not be allowed on sidewalks or boulevards. It’s anticipated the bylaw will be adopted by council Aug. 14. As a result of recent court rulings, municipalities cannot prevent people from camping in parks if there isn’t space available at homeless shelters.
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Vernon, BC, Canada / 1075 KISS FM Pete McIntyreJuly 19, 2017 06:21 am
Camping In City Parks Clarification
Vernon council has clarified the rules covering camping in city run parks, such as Polson. The proposed bylaw would force people camping in a park to take down and pack-up their temporary shelter prior to 9 am the following day.Camping will only be allowed if local shelters are full. Mayor Akbal Mund says final approval and enforcement of the bylaw could start in mid August. ” I don’t think it’s going to be overly aggressive. They’ll pack up and they’ll get out. That’s as simple as it will be, right. We’ll see what they do after that. I don’t know.” However, it doesn’t mean they have to actually get out of the park after 9 am. “You have to take down your shelter by 9am and cannot have anything that is existing in anything like a campsite. They can take it down, but they can carry it around.” The city is also banning temporary shelters on sidewalks or boulevards.
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As well as banning temporary shelters on sidewalks & boulevards, the following public spaces ban temporary shelters.
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| P.174 https://www.vernon.ca/sites/default/files/docs/meetings/agendas/170717_reg_0.pdf |
Tuesday, January 24, 2017
Lawsuit over North Okanagan horse racing facility finally going to trial
By Charlotte Helston INFONews.Ca January 24, 2017 - 6:30 PM
VERNON - A longstanding dispute between the Okanagan Equestrian Society, the city and the regional district will finally see the inside of a courtroom. The parties are scheduled to go to trial over Vernon's historic Kin Race Track March 13 in New Westminster Supreme Court, according to court records. The trial comes years after the legal dispute started in 2010, when the equestrian society was evicted from Kin Race Track. The property is jointly owned by the City of Vernon and the North Okanagan Regional District. David Sewell, chief administrative officer for the regional district, says while it’s always disappointing to be involved in legal action, he’s glad to see the case coming to a conclusion. “I think it’s time. Obviously, you’ve got to come to some resolution for everybody as to what the outcome of the case will be,” Sewell says. The portion of the property owned by the regional district was supposed to be transferred to the city as part of a parks restructuring process in 2013, but that action is on hold pending the outcome of the litigation, Sewell says. Legal fees for the district’s lawyer will come out of the parks department, which is funded by the City of Vernon, District of Coldstream and electoral areas B and C. The City of Vernon will have its own legal representation. No one from the Okanagan Equestrian Society could be reached for comment, and a response from the city was not immediately available. The equestrian society has been fundraising to take the case to trial. It says the city breached the operations contract by ceasing payments for upkeep and maintenance of the grounds in 2004. According to the society, their agreement with the city called for $10,000 a year to be given to the operators of Vernon Racing Days, and the contract was to be renewed every five years so long as the society continued to run equestrian events. The Kin Race Track grandstands were allegedly burned to the ground by a serial arsonist in 2014, and no matter what the outcome of the litigation, the society says there is lots of work to do before the facility is operational again.
VERNON - A longstanding dispute between the Okanagan Equestrian Society, the city and the regional district will finally see the inside of a courtroom. The parties are scheduled to go to trial over Vernon's historic Kin Race Track March 13 in New Westminster Supreme Court, according to court records. The trial comes years after the legal dispute started in 2010, when the equestrian society was evicted from Kin Race Track. The property is jointly owned by the City of Vernon and the North Okanagan Regional District. David Sewell, chief administrative officer for the regional district, says while it’s always disappointing to be involved in legal action, he’s glad to see the case coming to a conclusion. “I think it’s time. Obviously, you’ve got to come to some resolution for everybody as to what the outcome of the case will be,” Sewell says. The portion of the property owned by the regional district was supposed to be transferred to the city as part of a parks restructuring process in 2013, but that action is on hold pending the outcome of the litigation, Sewell says. Legal fees for the district’s lawyer will come out of the parks department, which is funded by the City of Vernon, District of Coldstream and electoral areas B and C. The City of Vernon will have its own legal representation. No one from the Okanagan Equestrian Society could be reached for comment, and a response from the city was not immediately available. The equestrian society has been fundraising to take the case to trial. It says the city breached the operations contract by ceasing payments for upkeep and maintenance of the grounds in 2004. According to the society, their agreement with the city called for $10,000 a year to be given to the operators of Vernon Racing Days, and the contract was to be renewed every five years so long as the society continued to run equestrian events. The Kin Race Track grandstands were allegedly burned to the ground by a serial arsonist in 2014, and no matter what the outcome of the litigation, the society says there is lots of work to do before the facility is operational again.
Tuesday, December 06, 2016
Getting ready for battle
by Kate Bouey -CASTANET Dec 6, 2016 / 5:00 am
The Okanagan Equestrian Society is about to embark on a fundraising campaign ahead of a legal battle with the City of Vernon over the future of Kin Race Track. In October, the society announced it would begin selling $250 debentures in order to fund the court case which is set to be heard in New Westminster next March. “Our debentures are ready to go,” said Robyn Dalziel, society president. However, Dalziel is waiting for a seal to make them official and expects sales to begin next week. Meanwhile, she said there has been a lot of people offering to donate to the legal fund so the process for that is being set up as well. “We're going to put the information out there for everybody. We've had a lot of people from Kelowna who want to buy a debenture...We're on the verge of starting our fundraising campaign.” For those interested in helping the society, Daziel said a $2 membership must be bought before a debenture, described as a loan that would pay out five per cent per annum and would be paid back in the event of a courtroom win. She said updated news would be available on Facebook.
The Okanagan Equestrian Society is about to embark on a fundraising campaign ahead of a legal battle with the City of Vernon over the future of Kin Race Track. In October, the society announced it would begin selling $250 debentures in order to fund the court case which is set to be heard in New Westminster next March. “Our debentures are ready to go,” said Robyn Dalziel, society president. However, Dalziel is waiting for a seal to make them official and expects sales to begin next week. Meanwhile, she said there has been a lot of people offering to donate to the legal fund so the process for that is being set up as well. “We're going to put the information out there for everybody. We've had a lot of people from Kelowna who want to buy a debenture...We're on the verge of starting our fundraising campaign.” For those interested in helping the society, Daziel said a $2 membership must be bought before a debenture, described as a loan that would pay out five per cent per annum and would be paid back in the event of a courtroom win. She said updated news would be available on Facebook.
Wednesday, October 19, 2016
Sued over Rail Trail
By Wayne Moore - CASTANET Oct 19, 2016 / 5:00 am
A former Kelowna city councillor is suing the District of Lake Country. Colin Day filed suit in BC Supreme Court last Friday. The suit was filed after the municipality served notice it was expropriating a portion of Day's property to make way for the Okanagan Rail Trail. The trail is part of what was once the CN Rail track, which stretches from downtown Kelowna north to Coldstream. The line runs through Day's property and that of a neighbour in Oyama. In the suit, Day says Lake Country expropriated a "20-metre wide section of the former rail corridor lying parallel to, and adjacent to, the east property boundary, extending the entire length of the former rail corridor – namely approximately 740 feet for the project." He further claims the loss in value, damages and disruption exceeds compensation in the amount of $286,500 and mitigative measures in the amount of $7,000. Day is seeking market value for the expropriated land, injurious and severance damages, disturbance damages plus costs, interest and penalty interest. An amount is not provided. Through an agreement with CN Rail, Day had first right of refusal to purchase the portion of the line that bisected his property once it ceased being rail line. Day exercised that option. He said the original corridor is just three feet from his house, on the side the bedroom is on.
Monday, October 03, 2016
Society Sells Debentures For Legal War Chest
Posted on 10/3/2016 3:17 PM by Ron Manz 107.5 KISSFM
The Okanagan Equestrian Society has passed a special resolution allowing it to sell $250 debentures to supporters who want to help with the law suit against the City of Vernon and to help rebuild a horse event facility at the Kin Race Track site. The society says anyone who supports their position can buy as many debentures as they want. President Robyn Dalziel says she expects an expensive court case, and then paying for repairs at the race track, like replacing all the stall doors and such, will run in the hundreds of thousands of dollars. "The track has to be re-surfaced and graded and brought back. The grandstand has to be rebuilt. The City has cut off the hydro and the water. We are going to need a lot of money on the other end of this law suit." Dalziel says they want their track back, plus money to fix it back up. "Our law suit covers direct damages which covers the destruction of the stalls, cutting off the hydro and the water and replacing the grandstand. We are also asking for punitive damages. The damages will be considerable." The society says all the damages have prevented any horse related events from happening, not just horse racing, and they hope to change that. "You can't hold a horse event if you don't have access to water. So, when they cut all that off, they even shut down the use of the arenas and other things we could have done there. Not just the racing, they shut down anything we could do there." Ten days in mid-March 2017 have been set aside for the court case between the Equestrian Society and City of Vernon.
The Okanagan Equestrian Society has passed a special resolution allowing it to sell $250 debentures to supporters who want to help with the law suit against the City of Vernon and to help rebuild a horse event facility at the Kin Race Track site. The society says anyone who supports their position can buy as many debentures as they want. President Robyn Dalziel says she expects an expensive court case, and then paying for repairs at the race track, like replacing all the stall doors and such, will run in the hundreds of thousands of dollars. "The track has to be re-surfaced and graded and brought back. The grandstand has to be rebuilt. The City has cut off the hydro and the water. We are going to need a lot of money on the other end of this law suit." Dalziel says they want their track back, plus money to fix it back up. "Our law suit covers direct damages which covers the destruction of the stalls, cutting off the hydro and the water and replacing the grandstand. We are also asking for punitive damages. The damages will be considerable." The society says all the damages have prevented any horse related events from happening, not just horse racing, and they hope to change that. "You can't hold a horse event if you don't have access to water. So, when they cut all that off, they even shut down the use of the arenas and other things we could have done there. Not just the racing, they shut down anything we could do there." Ten days in mid-March 2017 have been set aside for the court case between the Equestrian Society and City of Vernon.
Monday, August 29, 2016
Equestrian society raising funds for lawsuit to resume races at Vernon track
August 29, 2016 - 1:00 PM By Charlotte Helston INfo.News.Ca
VERNON - The Okanagan Equestrian Society is launching a fundraising campaign to help pay for legal costs associated with an impending court case against the city. Society president Robyn Dalziel says they are planning to sell debentures — a type of loan certificate — as a way of financing the lawsuit. “There’s so many people asking how they can donate or how they can help, so we’ve been looking for a way that people can donate to help the society,” Dalziel says. The legal battle began after the society was evicted from the Kin Race Track property, which it leased for the purpose of holding equestrian events, in 2010. At that time, the property was jointly owned by the city and the North Okanagan Regional District, however regional parkland restructuring has since shifted ownership entirely to the city. Local government has expressed interest in using the land for something else, however the society insists it has a legal right to keep using the facility. Court dates have not yet been announced, however Dalziel is expecting the trial to be set for sometime in 2017. The debentures, she says, are a way for people to invest in the future of the society, and eventually get paid back. “As part of the lawsuit we are requesting damages and special damages. We 100 per cent think we will be successful with the lawsuit and that we will come out the other side of this with money,” Dalziel says. The society can’t start selling the debentures until a special resolution is made by the membership. That’s on the agenda for an Oct. 1 general meeting, Dalziel says. Only members will be able to purchase the debentures. Membership is currently $2 (although it may be raised to $5) and can be paid at the general meeting. “Those debentures will go to financing the lawsuit as well as rebuilding the grounds,” Dalziel says, noting the grandstands burned down in 2014. The society is also planning on holding a fall harvest dinner, dance and silent auction, tentatively set for Oct. 22. The society is also accepting direct donations in addition to the debentures. “We are really going to start ramping this up,” Dalziel says. Anyone interested in becoming a member is invited to attend the general meeting at 1 p.m. on Oct. 1, at the Army and Navy Club. You can also contact Dalziel directly at robyndalziel@hotmail.ca for more information.
VERNON - The Okanagan Equestrian Society is launching a fundraising campaign to help pay for legal costs associated with an impending court case against the city. Society president Robyn Dalziel says they are planning to sell debentures — a type of loan certificate — as a way of financing the lawsuit. “There’s so many people asking how they can donate or how they can help, so we’ve been looking for a way that people can donate to help the society,” Dalziel says. The legal battle began after the society was evicted from the Kin Race Track property, which it leased for the purpose of holding equestrian events, in 2010. At that time, the property was jointly owned by the city and the North Okanagan Regional District, however regional parkland restructuring has since shifted ownership entirely to the city. Local government has expressed interest in using the land for something else, however the society insists it has a legal right to keep using the facility. Court dates have not yet been announced, however Dalziel is expecting the trial to be set for sometime in 2017. The debentures, she says, are a way for people to invest in the future of the society, and eventually get paid back. “As part of the lawsuit we are requesting damages and special damages. We 100 per cent think we will be successful with the lawsuit and that we will come out the other side of this with money,” Dalziel says. The society can’t start selling the debentures until a special resolution is made by the membership. That’s on the agenda for an Oct. 1 general meeting, Dalziel says. Only members will be able to purchase the debentures. Membership is currently $2 (although it may be raised to $5) and can be paid at the general meeting. “Those debentures will go to financing the lawsuit as well as rebuilding the grounds,” Dalziel says, noting the grandstands burned down in 2014. The society is also planning on holding a fall harvest dinner, dance and silent auction, tentatively set for Oct. 22. The society is also accepting direct donations in addition to the debentures. “We are really going to start ramping this up,” Dalziel says. Anyone interested in becoming a member is invited to attend the general meeting at 1 p.m. on Oct. 1, at the Army and Navy Club. You can also contact Dalziel directly at robyndalziel@hotmail.ca for more information.
Thursday, August 25, 2016
BEYOND THE HEADLINES: Running on empty
by Richard Rolke - Vernon Morning Star posted Aug 24, 2016 at 1:00 AM
The pounding of the hooves and the cheering crowd reverberated through Osoyoos’ Desert Park race track Saturday. But beyond the thrill of the competition, there was the cold, hard reality that this was the only live horse racing in the Interior this year. All of the other tracks, including Vernon’s Kin, were mothballed for the season. And things don’t look much better for next year. “It’s looking very dim,” Pete Hormes, Interior Horse Racing Association president, told the CBC. The report from the national broadcaster indicates that while die-hard fans still flock to the track, the challenge is a lack of money. Track organizers are finding it difficult to raise the purse needed to draw riders. The expense of raising horses also appears to be a factor. “When you’re paying an exercise rider every day to get on that horse, you’re paying to feed it, you’re paying stall rental. How do you bring your horse in to train it to run one day a year?” Robyn Dalziel, president of Vernon’s Okanagan Equestrian Society, told the CBC. Some in the industry remain optimistic about the future, but the article also clearly highlights some pessimism, or reality, depending I guess on one’s perspective. Dalziel tells the CBC that she still hopes racing can return to Kin but she has doubts that the sport has a future in the Interior. “I don’t know if you can say if it’ll be back like it was before,” she said. This is an interesting comment to make when the Okanagan Equestrian Society has been locked in legal action for years with the City of Vernon and the Regional District of North Okanagan over Kin Race Track. The dispute started when local officials evicted the society from the site in 2010. The society immediately took both groups to court, claiming equestrian activities were guaranteed when most of the track was turned over for free to the city. The society has also claimed RDNO ignored an agreement for lease renewals. In turn, the jurisdictions have claimed the society hasn’t lived up to its terms of the agreement, including maintenance of the property and holding events. The last races were in 2013 and while the fire that destroyed the grandstand in 2014 created some complications, other options for structures could have been found to keep horses running the last few years. The bottom line is there are fewer volunteers to help organize these events and I suspect fewer people interested in sitting in the stands, especially given the multitude of other gaming opportunities that now exist. Kin is expensive real estate and yet it stagnates. RDNO had envisioned sports fields, a BMX track, a gymnastics facility, trails and other amenities there, but everything is on hold because of the ongoing legal dispute. Even expansion of adjacent Kal Tire Place had to be reconfigured because of the conflict. In June, the city decided to ask the courts if there is an inherent obligation to use the land as a race track.No further details have been released since then, but given the CBC report, and some of the comments it contains, it will be interesting to see what the judge rules.
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http://www.cbc.ca/news/canada/british-columbia/interior-bc-horse-racing-down-to-one-day-1.3727236
The pounding of the hooves and the cheering crowd reverberated through Osoyoos’ Desert Park race track Saturday. But beyond the thrill of the competition, there was the cold, hard reality that this was the only live horse racing in the Interior this year. All of the other tracks, including Vernon’s Kin, were mothballed for the season. And things don’t look much better for next year. “It’s looking very dim,” Pete Hormes, Interior Horse Racing Association president, told the CBC. The report from the national broadcaster indicates that while die-hard fans still flock to the track, the challenge is a lack of money. Track organizers are finding it difficult to raise the purse needed to draw riders. The expense of raising horses also appears to be a factor. “When you’re paying an exercise rider every day to get on that horse, you’re paying to feed it, you’re paying stall rental. How do you bring your horse in to train it to run one day a year?” Robyn Dalziel, president of Vernon’s Okanagan Equestrian Society, told the CBC. Some in the industry remain optimistic about the future, but the article also clearly highlights some pessimism, or reality, depending I guess on one’s perspective. Dalziel tells the CBC that she still hopes racing can return to Kin but she has doubts that the sport has a future in the Interior. “I don’t know if you can say if it’ll be back like it was before,” she said. This is an interesting comment to make when the Okanagan Equestrian Society has been locked in legal action for years with the City of Vernon and the Regional District of North Okanagan over Kin Race Track. The dispute started when local officials evicted the society from the site in 2010. The society immediately took both groups to court, claiming equestrian activities were guaranteed when most of the track was turned over for free to the city. The society has also claimed RDNO ignored an agreement for lease renewals. In turn, the jurisdictions have claimed the society hasn’t lived up to its terms of the agreement, including maintenance of the property and holding events. The last races were in 2013 and while the fire that destroyed the grandstand in 2014 created some complications, other options for structures could have been found to keep horses running the last few years. The bottom line is there are fewer volunteers to help organize these events and I suspect fewer people interested in sitting in the stands, especially given the multitude of other gaming opportunities that now exist. Kin is expensive real estate and yet it stagnates. RDNO had envisioned sports fields, a BMX track, a gymnastics facility, trails and other amenities there, but everything is on hold because of the ongoing legal dispute. Even expansion of adjacent Kal Tire Place had to be reconfigured because of the conflict. In June, the city decided to ask the courts if there is an inherent obligation to use the land as a race track.No further details have been released since then, but given the CBC report, and some of the comments it contains, it will be interesting to see what the judge rules.
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http://www.cbc.ca/news/canada/british-columbia/interior-bc-horse-racing-down-to-one-day-1.3727236
Thursday, August 11, 2016
Medical marijuana patients can grow 'limited amount' of cannabis at home under new laws Change comes after Federal Court said old rules were unconstitutional
By Andrew Foote, CBC News Posted: Aug 11, 2016 2:07 PM ET
Canadian medical marijuana patients can grow their own cannabis under new regulations that come into effect later this month, Health Canada announced Thursday. Ban on medical marijuana patients growing own pot struck down by Federal Court. Philpott won't appeal Allard ruling on right to grow medical marijuana. Patients approved for medical marijuana can register with Health Canada to grow a "limited" amount of cannabis for their own medical purposes. They can also designate someone else to grow it for them if they're not healthy enough to grow their own or get it from one of 34 Health Canada-approved producers. Health Canada officials said in a technical briefing Thursday afternoon this "limited amount" will be linked to the daily amount of cannabis a patient is prescribed. For example, someone prescribed a gram a day could grow two plants outdoors or five plants indoors to be able to supply themselves, Health Canada said, since plants grown outdoors yield more supply than indoor plants.
The new rules come into effect on Aug. 24. New rules meet court deadline A Federal Court judge earlier this year struck down the former Conservative government's 2013 law requiring medical marijuana patients to get their cannabis from licensed producers instead of growing their own. Judge Michael Phelan said in his Feb. 24 decision those rules that "limited a patient to a single government-approved contractor and eliminated the ability to grow one's own marijuana or choose one's own supplier" restricted patient liberties under the Charter of Rights and Freedoms. He gave the federal government six months to come up with new rules. Phelan also ruled that around 28,000 patients who had been allowed to keep growing their own medical marijuana under a 2014 injunction could continue until these new rules are in place. Health Canada said Thursday the injunction won't be lifted until it is confident it can handle these thousands of patients coming into the new regulatory system. The ruling came after a court challenge from four B.C. residents who argued the law was unconstitutional and took away affordable access to medicine.
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Health Canada: 4 LINKS BELOW
Statement from Health Canada concerning access to cannabis for medical purposes
Understanding the New Access to Cannabis for Medical Purposes Regulations
Fact Sheet: Access to Cannabis for Medical Purposes Regulations
FAQ:
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http://www.ctvnews.ca/health/feds-announce-new-rules-for-medical-marijuana-users-1.3025008
Under the new Access to Cannabis for Medical Purposes Regulations, which come into force on August 24, people who have authorization from a health care practitioner can access medical cannabis:
Allowing users to grow their own was required after a Federal Court judge ruled, in February, that the Conservative government’s 2013 regulations requiring medical marijuana to come from licenced producers violated patients’ Charter rights. Health Canada was given six months to come up with new rules after the Allard v. Canada decision.
Canadian medical marijuana patients can grow their own cannabis under new regulations that come into effect later this month, Health Canada announced Thursday. Ban on medical marijuana patients growing own pot struck down by Federal Court. Philpott won't appeal Allard ruling on right to grow medical marijuana. Patients approved for medical marijuana can register with Health Canada to grow a "limited" amount of cannabis for their own medical purposes. They can also designate someone else to grow it for them if they're not healthy enough to grow their own or get it from one of 34 Health Canada-approved producers. Health Canada officials said in a technical briefing Thursday afternoon this "limited amount" will be linked to the daily amount of cannabis a patient is prescribed. For example, someone prescribed a gram a day could grow two plants outdoors or five plants indoors to be able to supply themselves, Health Canada said, since plants grown outdoors yield more supply than indoor plants.
The new rules come into effect on Aug. 24. New rules meet court deadline A Federal Court judge earlier this year struck down the former Conservative government's 2013 law requiring medical marijuana patients to get their cannabis from licensed producers instead of growing their own. Judge Michael Phelan said in his Feb. 24 decision those rules that "limited a patient to a single government-approved contractor and eliminated the ability to grow one's own marijuana or choose one's own supplier" restricted patient liberties under the Charter of Rights and Freedoms. He gave the federal government six months to come up with new rules. Phelan also ruled that around 28,000 patients who had been allowed to keep growing their own medical marijuana under a 2014 injunction could continue until these new rules are in place. Health Canada said Thursday the injunction won't be lifted until it is confident it can handle these thousands of patients coming into the new regulatory system. The ruling came after a court challenge from four B.C. residents who argued the law was unconstitutional and took away affordable access to medicine.
------------
Health Canada: 4 LINKS BELOW
Statement from Health Canada concerning access to cannabis for medical purposes
Understanding the New Access to Cannabis for Medical Purposes Regulations
Fact Sheet: Access to Cannabis for Medical Purposes Regulations
FAQ:
========
http://www.ctvnews.ca/health/feds-announce-new-rules-for-medical-marijuana-users-1.3025008
Under the new Access to Cannabis for Medical Purposes Regulations, which come into force on August 24, people who have authorization from a health care practitioner can access medical cannabis:
- From licensed mail-order producers, of which there are currently 34
- By applying to Health Canada to produce a limited personal amount
- Or by designating someone else to produce it.
- Those producing for themselves will not be allowed to produce for more than one other person.
Allowing users to grow their own was required after a Federal Court judge ruled, in February, that the Conservative government’s 2013 regulations requiring medical marijuana to come from licenced producers violated patients’ Charter rights. Health Canada was given six months to come up with new rules after the Allard v. Canada decision.
Friday, June 10, 2016
Kin Race Track Future Heading to Litigation
Posted on 6/10/2016 12:15 PM by Ron Manz 107.5 KISSFM
The ongoing stalemate in talks between the City of Vernon and Okanagan Equestrian Society over the future of Kin Race track is heading to the courts. Negotiations outside the legal system have failed to come up with a decision agreeable to both sides. Mayor Akbal Mund says now the courts will have to decide. "All we can tell you is that we will be proceeding with litigation to try to resolve this." Mund says litigation appears to be the only way to reach a resolution. "Council had said that if we need to move forward, which we want to, that's something that we will move forward on. Those talks will be done between lawyers from each group and we will see how it works." "We tried to do the right thing and tried to do it outside of court and if we can't do it outside of court, then we have to take it to court, right." Equestrian Society President Robin Dalziel says they have not had any contact with the city over any negotiations at all this year.
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Also see http://www.castanet.net/news/Vernon/167936/Race-track-off-to-court
The ongoing stalemate in talks between the City of Vernon and Okanagan Equestrian Society over the future of Kin Race track is heading to the courts. Negotiations outside the legal system have failed to come up with a decision agreeable to both sides. Mayor Akbal Mund says now the courts will have to decide. "All we can tell you is that we will be proceeding with litigation to try to resolve this." Mund says litigation appears to be the only way to reach a resolution. "Council had said that if we need to move forward, which we want to, that's something that we will move forward on. Those talks will be done between lawyers from each group and we will see how it works." "We tried to do the right thing and tried to do it outside of court and if we can't do it outside of court, then we have to take it to court, right." Equestrian Society President Robin Dalziel says they have not had any contact with the city over any negotiations at all this year.
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Also see http://www.castanet.net/news/Vernon/167936/Race-track-off-to-court
Wednesday, February 03, 2016
"No Progress" In Track Dispute
Posted on 2/2/2016 by Pete McIntyre 107.5 KISSFM
The group that used to run horse racing at Vernon's Kin Race Track, is vowing to take its fight with the city to court. Robin Dalziel is the new president of the Okanagan Equestrian Society. She says talks with the City of Vernon over use of the site, which is owned by the city, have gone nowhere. "There's been no progress with the negotiations. We're open to speaking to the city. We'd like to talk to the entire council and make a presentation to them, but that has not been allowed so far." The group hasn't run horse racing events for two years, which the city says violates terms of their use agreement. Dalziel says they would like to run events, but claims the city has not maintained the facility. "The city has our hands tied with regards to putting on any equestrian activities at the site because they have not used the proceeds ($750,000) from the insurance to rebuild the grandstand (which burned down in a 2014 fire). We have no electricity. We have no washrooms." Dalziel, who says she has been involved with horses and the track for more than 40 years, feels their legal case is strong, as part of the deal to turn the land over to the city in 1965 (for one dollar) included a clause that the site had to remain a race track. "Our stance is, this doesn't have to go to court, but if the city is going to force us, it's going to cost the city a lot of money. That's taxpayers money. And with the contract being valid, this shouldn't have to go to court."
City of Vernon Chief Administrative Officer Will Pearce issued the following statement in response to a request for comment from Kiss FM:
“The City confirms that it is in negotiations with the Okanagan Equestrian Society and the Vernon Jockey Club concerning the ongoing litigation involving Kin Park.
"The City does not believe that it is appropriate to negotiate this matter through the media, and instead looks forward to the interested parties sitting down together and having a frank and direct discussion.
"While the City is aware of comments reported in the Kelowna Daily Courier today from the Society, the City will not comment on them beyond noting that horse racing in the Okanagan has been in decline for many years, including before the start of this litigation, and that the basis for the Society being able to hold horse racing at Kin Park was terminated following the Society failing to satisfy the terms of an operating agreement it had for the use of Kin Park."
"The City is hopeful that negotiations with the Society will be productive, but is prepared to proceed to trial if necessary to protect the interests of all of its residents,” reads the statement.
The group that used to run horse racing at Vernon's Kin Race Track, is vowing to take its fight with the city to court. Robin Dalziel is the new president of the Okanagan Equestrian Society. She says talks with the City of Vernon over use of the site, which is owned by the city, have gone nowhere. "There's been no progress with the negotiations. We're open to speaking to the city. We'd like to talk to the entire council and make a presentation to them, but that has not been allowed so far." The group hasn't run horse racing events for two years, which the city says violates terms of their use agreement. Dalziel says they would like to run events, but claims the city has not maintained the facility. "The city has our hands tied with regards to putting on any equestrian activities at the site because they have not used the proceeds ($750,000) from the insurance to rebuild the grandstand (which burned down in a 2014 fire). We have no electricity. We have no washrooms." Dalziel, who says she has been involved with horses and the track for more than 40 years, feels their legal case is strong, as part of the deal to turn the land over to the city in 1965 (for one dollar) included a clause that the site had to remain a race track. "Our stance is, this doesn't have to go to court, but if the city is going to force us, it's going to cost the city a lot of money. That's taxpayers money. And with the contract being valid, this shouldn't have to go to court."
City of Vernon Chief Administrative Officer Will Pearce issued the following statement in response to a request for comment from Kiss FM:
“The City confirms that it is in negotiations with the Okanagan Equestrian Society and the Vernon Jockey Club concerning the ongoing litigation involving Kin Park.
"The City does not believe that it is appropriate to negotiate this matter through the media, and instead looks forward to the interested parties sitting down together and having a frank and direct discussion.
"While the City is aware of comments reported in the Kelowna Daily Courier today from the Society, the City will not comment on them beyond noting that horse racing in the Okanagan has been in decline for many years, including before the start of this litigation, and that the basis for the Society being able to hold horse racing at Kin Park was terminated following the Society failing to satisfy the terms of an operating agreement it had for the use of Kin Park."
"The City is hopeful that negotiations with the Society will be productive, but is prepared to proceed to trial if necessary to protect the interests of all of its residents,” reads the statement.
Tuesday, February 02, 2016
Rusty Ensign sanctioned by West Kelowna city council
February 01, 2016 - 3:19 PM by Adam Proskiw INFO-NEWS.CA
WEST KELOWNA – A special city council meeting was called in West Kelowna to consider sanctioning a city councilor for voting on a development his company had previously bid on. First term councilor Rusty Ensign initially denied he was in any conflict of interest when he opted to hear and vote on matters related to West Bay Beach Resort. It was later discovered that one of his companies was doing business or attempted to do business with the resort. Today, Feb. 1, West Kelowna council agreed to censure Ensign and request he repay half of the legal fees incurred by the municipality. Councillors also voted to require him to publically admit to a conflict of interest and apologize in a letter to the city council. In November, Ensign said he had no prior conflict of interest and the original letter that precipitated the investigation was based on inaccurate information. “To say I had a contract was over-stating the situation and having said that I am prepared in this case, out of respect for my colleagues and for the process, to recuse myself from any further deliberations and any more discussions on this matter," he said.
WEST KELOWNA – A special city council meeting was called in West Kelowna to consider sanctioning a city councilor for voting on a development his company had previously bid on. First term councilor Rusty Ensign initially denied he was in any conflict of interest when he opted to hear and vote on matters related to West Bay Beach Resort. It was later discovered that one of his companies was doing business or attempted to do business with the resort. Today, Feb. 1, West Kelowna council agreed to censure Ensign and request he repay half of the legal fees incurred by the municipality. Councillors also voted to require him to publically admit to a conflict of interest and apologize in a letter to the city council. In November, Ensign said he had no prior conflict of interest and the original letter that precipitated the investigation was based on inaccurate information. “To say I had a contract was over-stating the situation and having said that I am prepared in this case, out of respect for my colleagues and for the process, to recuse myself from any further deliberations and any more discussions on this matter," he said.
Saturday, January 23, 2016
Kin counterproposal?
Kate Bouey CASTANET Jan 23, 2016 / 5:00 am
There may be no action at Kin Race Track but there seems to be some movement in negotiations over the site. “We have a response going back to the City of Vernon,” confirmed Ed Woolley, spokesperson for the Okanagan Equestrian Society, following a board meeting this week. Woolley said the letter would be sent out soon. “There was extensive discussion at the table with regards to this matter,” he added, refusing to give any detail. The prime piece of real estate next to Kal Tire Place has been the subject of debate for years. At a recent meeting, city officials made a proposal to the society that has not been made public. “Everybody is tired of it dragging out and it is not doing the city or the society any good. I think it's to the benefit of the society and the people of the city that this be resolved one way or the other in the near future,” Woolley said at the time. The society's annual general meeting has been rescheduled to Jan. 31 when the matter is expected to be up for discussion. Woolley said the board also discussed the homeless people living in dilapidated stables at the track. Although he reiterated there would be no effort to make the people leave, Woolley said he would visit the site over the weekend to ensure they were all ok.
Wednesday, January 20, 2016
Homeless move 'Kin'
By Kate Bouey -CASTANET Jan 20, 2016 / 5:00 am
Kin Race Track is home, sweet home to a handful of homeless people. While negotiations have been going on between the City of Vernon and the Okanagan Equestrian Society over the site, some of the city's down and outs have moved into the dilapidated horse stables in order to keep warm. Clothes and blankets hanging above stable doors appear to signify a person is occupying that particular box. A large metal drum sits in the middle of the stable rows, apparently used for fires, along with one chair, a pickaxe, a hammer and a crowbar. “I've got a really nice place,” said one man, who admitted living at the site. “We're hoping more people move in here. There's lots of room.” He said at least four boxes were occupied but that more than four people were living on the premises. He said there was not always room at homeless shelters around Vernon. That could be true, according to Kelly Fehr, program director of the John Howard Society for the North Okanagan-Kootenay region, although he suspects other reasons. “Our outreach team was there about a month ago,” said Fehr. “The individuals out there did not want to come in.” “I assume they are active in their addiction,” said Fehr, although he added there could be many reasons the group is living outdoors, including mental health issues, violent behaviour or just getting out of prison. Meanwhile, neither the city or the society appear eager to force the latest tenants out. “We are aware that there are people in and around the stable area but we can't confirm if these people are transient or homeless,” said Darren Lees, senior bylaw compliance office for the city. “The stables are the responsibility of the (Equestrian) Society.” City spokesperson Tanya Laing-Gahr said bylaw officers do have a protocol when responding to homeless camps on public property. “However, on private property or on property that is leased/managed by a third party, it is the responsibility of the property owner/lease/property manager to take the lead on addressing the issue—and in the case of illegal activities, to contact the RCMP rather than City bylaw officers.” “Technically, they are city lands,” countered Ed Woolley, spokesperson for the equestrian society. Woolley was unaware anyone was living in the stables. “If people in unfortunately circumstances choose to live in a horse barn, I don't feel all that eager to turf them out.” He said the city could decide what to do if it became a “liability issue.”
Recently, the society was handed a new offer for the track land that city officials hope will lead the way to brokering a deal. The offer will be put to a board meeting this week, said Woolley, although he is doubtful it will spell the end of the deadlock. The matter will also come up for discussion at the rescheduled annual general meeting of the Okanagan Equestrian Society on Jan. 31.Woolley said even if the offer appears to be acceptable, it is too late to schedule a vote on it at that meeting.
Kin Race Track is home, sweet home to a handful of homeless people. While negotiations have been going on between the City of Vernon and the Okanagan Equestrian Society over the site, some of the city's down and outs have moved into the dilapidated horse stables in order to keep warm. Clothes and blankets hanging above stable doors appear to signify a person is occupying that particular box. A large metal drum sits in the middle of the stable rows, apparently used for fires, along with one chair, a pickaxe, a hammer and a crowbar. “I've got a really nice place,” said one man, who admitted living at the site. “We're hoping more people move in here. There's lots of room.” He said at least four boxes were occupied but that more than four people were living on the premises. He said there was not always room at homeless shelters around Vernon. That could be true, according to Kelly Fehr, program director of the John Howard Society for the North Okanagan-Kootenay region, although he suspects other reasons. “Our outreach team was there about a month ago,” said Fehr. “The individuals out there did not want to come in.” “I assume they are active in their addiction,” said Fehr, although he added there could be many reasons the group is living outdoors, including mental health issues, violent behaviour or just getting out of prison. Meanwhile, neither the city or the society appear eager to force the latest tenants out. “We are aware that there are people in and around the stable area but we can't confirm if these people are transient or homeless,” said Darren Lees, senior bylaw compliance office for the city. “The stables are the responsibility of the (Equestrian) Society.” City spokesperson Tanya Laing-Gahr said bylaw officers do have a protocol when responding to homeless camps on public property. “However, on private property or on property that is leased/managed by a third party, it is the responsibility of the property owner/lease/property manager to take the lead on addressing the issue—and in the case of illegal activities, to contact the RCMP rather than City bylaw officers.” “Technically, they are city lands,” countered Ed Woolley, spokesperson for the equestrian society. Woolley was unaware anyone was living in the stables. “If people in unfortunately circumstances choose to live in a horse barn, I don't feel all that eager to turf them out.” He said the city could decide what to do if it became a “liability issue.”
Recently, the society was handed a new offer for the track land that city officials hope will lead the way to brokering a deal. The offer will be put to a board meeting this week, said Woolley, although he is doubtful it will spell the end of the deadlock. The matter will also come up for discussion at the rescheduled annual general meeting of the Okanagan Equestrian Society on Jan. 31.Woolley said even if the offer appears to be acceptable, it is too late to schedule a vote on it at that meeting.
Monday, January 18, 2016
Band clarifies process with Ottawa to remove explosives
by Staff Writer - Vernon Morning Star posted Jan 18, 2016 at 8:00 AM
The Okanagan Indian Band insists approval isn’t needed from Ottawa to develop its land. The band has been pushing the Department of National Defence to clean up explosives on reserve land previously used for military training. “Recent media coverage of the Okanagan Indian Band’s efforts to clear their lands of unexploded ordnances included a statement from the DND that misleads the public about DND’s contractual obligations to clean training areas once they are no longer being used for those purposes,” said Chief Byron Louis. Recently, DND told Global News: “To support the Okanagan Indian Band’s future development plans, DND will continue to assess and initiate clearances once the band has finalized its economic development implementation plan and timelines.” However, Louis says there is no requirement for the band to submit an economic development implementation plan or timelines prior to DND clearing the lands of explosives. “In the original agreement which allowed the DND to use the OKIB lands for training purposes the contract clearly states that, ‘the permittee (DND) undertakes to repair all damage done to the land and to fill all holes for the protection of stock and riders,’” he said. “Further, DND agrees to remove, or dispose of all duds from the permit area at the termination of any firing practice.’ Subsequent numerous agreements, all signed by the DND state their obligation to remove UXO from OKIB lands.” The federal government recently settled a legal dispute with Aquilini Development over land south of Vernon that was used for training. The company is currently clearing explosives from the property and it has applied to the City of Vernon to subdivide. “The failure to clear OKIB’s reserve lands of unexploded ordnances continues to impact the Band’s potential uses for those lands,” said Louis.
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Okanagan Indian Band tired of waiting for Defence Department to clean up military explosives
January 18, 2016 - 10:46 AM by Charlotte Helston INFO-News.Ca
VERNON - Military explosives left littered on their lands by the Department of National Defence continue to hamper the Okanagan Indian Band’s plans for development. In a media release issued today, Jan. 18, Chief Byron Louis is calling on the Defence Department to fulfill promises made in the original agreement for use of the borrowed land, which states: ‘The Permittee [DND] undertakes to repair all damage done to the land and to fill all holes for the protection of stock and riders.’ Further, ‘[DND] agrees to remove, or dispose of all duds from the permit area at the termination of any firing practice…’ The Defence Department has stated it will assess and initiate clearances once the band finalizes its economic development implementation plan and timelines, Louis said in the release. “There is no such requirement, under the terms of the permits, for the Okanagan Indian Band to submit an ‘economic development implementation plan’ or ‘timelines’ prior to DND clearing the lands of (unexploded explosive ordnance),” he said. Until the land is cleared, potential uses for the property is in limbo, Louis said. Recently, Aquilini Development and Construction Inc. settled out of court with the the Defence Department over unexploded explosive ordnance on their property which is near Okanagan Indian Band lands.
The Okanagan Indian Band insists approval isn’t needed from Ottawa to develop its land. The band has been pushing the Department of National Defence to clean up explosives on reserve land previously used for military training. “Recent media coverage of the Okanagan Indian Band’s efforts to clear their lands of unexploded ordnances included a statement from the DND that misleads the public about DND’s contractual obligations to clean training areas once they are no longer being used for those purposes,” said Chief Byron Louis. Recently, DND told Global News: “To support the Okanagan Indian Band’s future development plans, DND will continue to assess and initiate clearances once the band has finalized its economic development implementation plan and timelines.” However, Louis says there is no requirement for the band to submit an economic development implementation plan or timelines prior to DND clearing the lands of explosives. “In the original agreement which allowed the DND to use the OKIB lands for training purposes the contract clearly states that, ‘the permittee (DND) undertakes to repair all damage done to the land and to fill all holes for the protection of stock and riders,’” he said. “Further, DND agrees to remove, or dispose of all duds from the permit area at the termination of any firing practice.’ Subsequent numerous agreements, all signed by the DND state their obligation to remove UXO from OKIB lands.” The federal government recently settled a legal dispute with Aquilini Development over land south of Vernon that was used for training. The company is currently clearing explosives from the property and it has applied to the City of Vernon to subdivide. “The failure to clear OKIB’s reserve lands of unexploded ordnances continues to impact the Band’s potential uses for those lands,” said Louis.
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Okanagan Indian Band tired of waiting for Defence Department to clean up military explosives
January 18, 2016 - 10:46 AM by Charlotte Helston INFO-News.Ca
Kin Race Track discussion delayed
by Richard Rolke - Vernon Morning Star posted Jan 18, 2016 at 6:00 AM
Mother Nature has delayed discussions about the future of Kin Race Track. Members of the Okanagan Equestrian Society were supposed to debate proposals to end the legal dispute with the City of Vernon but the annual general meeting was cancelled because of heavy snowfall. “There were questionable roads and we didn’t want to chance it,” said Ed Woolley, society spokesperson. The meeting was adjourned until Jan. 31. Most of our directors live out of town and didn’t want to chance things on the highway. Similarly, a lot of our members live out of town and we expected that they would be deterred as well.” The society has been pursuing legal action against the city and the Regional District of North Okanagan to use the property since a 2010 eviction. Some city and regional district officials have stated they would like the site designated for other recreational activities.
Mother Nature has delayed discussions about the future of Kin Race Track. Members of the Okanagan Equestrian Society were supposed to debate proposals to end the legal dispute with the City of Vernon but the annual general meeting was cancelled because of heavy snowfall. “There were questionable roads and we didn’t want to chance it,” said Ed Woolley, society spokesperson. The meeting was adjourned until Jan. 31. Most of our directors live out of town and didn’t want to chance things on the highway. Similarly, a lot of our members live out of town and we expected that they would be deterred as well.” The society has been pursuing legal action against the city and the Regional District of North Okanagan to use the property since a 2010 eviction. Some city and regional district officials have stated they would like the site designated for other recreational activities.
Friday, January 15, 2016
Secret proposals exchanged over Vernon horse racing dispute
By Charlotte Helston INFO-TEL.CA January 14, 2016 - 6:30 PM
VERNON - Proposed resolutions over an ongoing legal dispute between the City of Vernon and the Okanagan Equestrian Society are on the table, but neither side is commenting on the details. The society’s lawyer, Ed Woolley, says proposals were exchanged this week and both parties are now considering their options. The legal dispute has been going on for years. “I don’t think we’re necessarily on the cusp of solving this, but at least we’re having discussions that can lead us there,” Woolley says. While both parties have said they want to resolve the dispute out of court, Woolley says it’s premature to say court is off the table. The society is looking for a resolution that allows horse racing and other equestrian activities to continue in Vernon, preferably at the Kin Race Track, although it’s not ruling out a new location. Moving to a new site in the city would require buy in from other levels of government and organizations, as well as the city. “The city would have to come forth with funds for it,” Woolley says. “We would also need other elements to fall into place.” The society has been unable to host races since the Kin Race Track grandstands burned down in a suspected arson in 2014, and Woolley says there’s some disagreement over how the insurance proceeds should be used. “Our position would be pursuant to the trust agreement, that the insurance proceeds should be put back into the grandstands or some sort of similar building for the purposes of the race track,” Woolley says. “That question around the usage of those insurance proceeds needs to be resolved.” He says the application of the insurance proceeds could provide a resolution to the dispute. Vernon Mayor Akbal Mund wouldn’t comment on what proposals were made, but remains optimistic 2016 will be the year the dispute is resolved. “We’re in the phase of discussing what’s best for the equestrian society and the City of Vernon,” Mund says. “You’re going to go back and forth with stuff.” The equestrian society plans to discuss the city’s proposal at an Annual General Meeting this weekend, and will respond to the city’s offer after it has consulted with its membership. “Assuming there’s no outright acceptance one way or another, we’ll see what we can do as far as counter proposals,” Woolley says.
VERNON - Proposed resolutions over an ongoing legal dispute between the City of Vernon and the Okanagan Equestrian Society are on the table, but neither side is commenting on the details. The society’s lawyer, Ed Woolley, says proposals were exchanged this week and both parties are now considering their options. The legal dispute has been going on for years. “I don’t think we’re necessarily on the cusp of solving this, but at least we’re having discussions that can lead us there,” Woolley says. While both parties have said they want to resolve the dispute out of court, Woolley says it’s premature to say court is off the table. The society is looking for a resolution that allows horse racing and other equestrian activities to continue in Vernon, preferably at the Kin Race Track, although it’s not ruling out a new location. Moving to a new site in the city would require buy in from other levels of government and organizations, as well as the city. “The city would have to come forth with funds for it,” Woolley says. “We would also need other elements to fall into place.” The society has been unable to host races since the Kin Race Track grandstands burned down in a suspected arson in 2014, and Woolley says there’s some disagreement over how the insurance proceeds should be used. “Our position would be pursuant to the trust agreement, that the insurance proceeds should be put back into the grandstands or some sort of similar building for the purposes of the race track,” Woolley says. “That question around the usage of those insurance proceeds needs to be resolved.” He says the application of the insurance proceeds could provide a resolution to the dispute. Vernon Mayor Akbal Mund wouldn’t comment on what proposals were made, but remains optimistic 2016 will be the year the dispute is resolved. “We’re in the phase of discussing what’s best for the equestrian society and the City of Vernon,” Mund says. “You’re going to go back and forth with stuff.” The equestrian society plans to discuss the city’s proposal at an Annual General Meeting this weekend, and will respond to the city’s offer after it has consulted with its membership. “Assuming there’s no outright acceptance one way or another, we’ll see what we can do as far as counter proposals,” Woolley says.
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