May 25, 2026: B.C. Supreme Court Finds in Favour of Gabriola Island Local Trust Committee

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Bowen, Denman, Gabriola, Galiano, Gambier, Hornby, Lasqueti, Mayne, N. Pender, Salt Spring, Saturna, S. Pender, Thetis 
 
 
 
May 25, 2026 – for immediate release 2026-06-IT 
 
B.C. Supreme Court Finds in Favour of Gabriola Island Local Trust Committee 
 
Lək̓ʷəŋən, METULIYE/Victoria, BC – The Supreme Court of British Columbia has ruled in favour of the Gabriola 
Island Local Trust Committee (LTC), upholding previous adjudication decisions related to enforcement of Gabriola 
Island’s land use bylaw.  
 
The case concerned a judicial review of two bylaw violation notices issued in relation to a property zoned Large 
Rural Residential (LRR). The notices addressed the siting of a structure within the minimum setback area, and noise 
and hours of operation of a home-based business after 8:00 p.m. The Court found that the adjudicators’ decisions 
to uphold the bylaw violation notices were reasonable, and that the adjudicators’ decisions were transparent and 
consistent with the existing legal framework. 
 
In addition, the Court dismissed arguments that the issuance of the bylaw violation notices constituted an abuse of 
process. The Court also found that the adjudication process for a bylaw violation notice does not engage s. 11(b) or 
(d) of the Canadian Charter of Rights and Freedoms. The petitions were dismissed in their entirety and costs were 
awarded to the Gabriola Island Local Trust Committee. 
 
“Islands Trust makes every effort to encourage voluntary compliance with bylaws,” said Trustee Patrick, Chair of 
the Gabriola Island Local Trust Committee. “This decision affirms Islands Trust’s authority to enforce its land use 
bylaw and supports the role of local trust committees in preserving and protecting the Islands Trust Area.” 
 
In accordance with Islands Trust policies, enforcement actions such as legal action are undertaken when Islands 
Trust receives complaints from community members or when proactive investigations have been initiated in 
response to specific circumstances. Islands Trust’s enforcement approach prioritizes education and voluntary 
compliance. Efforts are made to investigate complaints, educate violators, and provide opportunities for voluntary 
compliance. Various options are available for achieving compliance with bylaws, and reasonable timelines are 
provided for resolution. Legal action is taken as a last resort. 
 
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Islands Trust is a special-purpose government representing over 30,000 people living within the Islands Trust Area 
and 10,000 non-resident property owners. The Islands Trust Area is located within Coast Salish territory and is the 
homeland to many Coast Salish Peoples who have called this place home since time immemorial. Islands Trust is 
responsible for preserving and protecting the Islands Trust Area and its unique amenities and environment through 
conservation-oriented land use planning and regulation, education, and cooperation with First Nations and other 
agencies. The Islands Trus

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