August 24, 2023 - BC Supreme Court Upholds Galiano Land Use Bylaw

Extracted text (beginning)

Bowen, Denman, Gabriola, Galiano, Gambier, Hornby, Lasqueti, Mayne, N. Pender, Salt Spring, Saturna, S. Pender, Thetis 
 
 
Aug 24, 2023 – for immediate release 2023-05-IT 
 
BC Supreme Court Upholds Galiano Land Use Bylaw 
 
Lək
̓
 ʷəŋən, METULIYE/Victoria, B.C. – An August 1, 2023 judgment by the Supreme Court of British Columbia, handed down 
from the Honourable Justice A. Ross with regards to Galiano Forest Lot Owners Association v. Galiano Island Local Trust 
Committee, has confirmed that a Galiano Island Local Trust Committee bylaw that prohibits dwellings on private managed 
forest land on Galiano Island is valid and reasonable.  
 
On August 1, 2023, the Court dismissed the petition, finding in favour of the Galiano Island Local Trust Committee and its 
efforts to carry out the object of the Trust.  
 
The Islands Trust Act states that the object of the trust is to “preserve and protect the trust area and its unique amenities 
and environment”. For the purpose of carrying out the object of the Trust, local trust committees may regulate the 
development and use of land within a local trust area by exercising powers conferred by the Act, including powers that 
would otherwise belong to the regional district for each area.  
There were several legal issues in this case, mostly revolving around local government authority to adopt bylaws that 
affect certain types of forest land. The adoption of Galiano Island Land Use Bylaw No. 127, which replaced Bylaw No. 82, 
divides the Galiano Island Local Trust Area into several zones including a Forest 1 Zone and Forest 2 Zone. The court 
upheld the prohibition of residential dwellings in the Forest 1 Zone.  
 
"We appreciate that the Supreme Court of BC has clarified that the adoption of Bylaw 127 in 2000 by Galiano Island Trust 
Committee was “reasonable” and that the bylaw is valid,” said Islands Trust Chair Peter Luckham. “Islands Trust bylaws 
are carefully crafted, and aim to preserve and protect the unique amenities and environment of the islands in the Trust 
Area.” 
 
“The Galiano Island Local Trust Committee remains committed to preserving and protecting the unique amenities and 
environment in the Galiano Island Local Trust Area,” said Trustee Lisa Gauvreau. “With community support, we can 
support healthy communities and healthy ecosystems.” 
 
 - 30 -  
 
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's unique amenities and environment through conservation-oriented land 
use planning and regulation, education, and cooperation with First Nations and other agencies. The Islands Trust Area 
covers the islands and waters between the Briti

First 3,000 characters. Open the original for the whole document.