Observer SALMON ARM
Wednesday April 11, 2012 www.saobserver.net $1.25 HST INCLUDED
Court rules for city, developer Reaction: Band considers appeal, mayor vows to improve communication. By Martha Wickett OBSERVER STAFF
A decision on the judicial review application launched by the Neskonlith Indian Band has prompted a commitment to better communication and the pondering of a possible appeal. On Wednesday, April 4 in BC Supreme Court in Vancouver, Justice Peter Leask dismissed the band’s claim that the City of Salmon Arm had a legal or constitutional obligation to consult with the band before issuing the environmentally hazardous areas development permit for the SmartCentres site. The site is adjacent to the Salmon River, which borders Neskonlith land to the west. Leask concluded that the duty to consult, when decisions may affect aboriginal rights or title, rests with the province. The band had argued that because the province had delegated some land-use decisions to municipalities with no oversight from the province, then the duty to consult also transfers to municipalities. Its argument included the concern that the property will flood, requiring flood control measures. Those flood-control measures would then do damage to the environment and the interests of the band. The city’s argument, and that of Salmon Arm Shopping Centres Ltd., was that the city has no constitutional duty to consult according to existing case law. With regard to law governing development permits, the city argued that once an applicant has complied with the guidelines under an official community plan, a municipal council has no discretion to withhold the development permit. Following the decision, Mayor Nancy Cooper responded in an email to the Observer, noting that the development process and the start of the judicial review happened before she was elected. She said her reading of the decision shows that the city followed all required procedure according to the Local Government Act. Then she made a commitment. “I will personally be contacting Chief Judy Wilson of the Neskonlith Band as soon as possible to ask if she would be willing to sit down and talk
JAMES MURRAY/OBSERVER
No go: For Jayne Wilson, who has chemical sensitivities, picking up a parcel at her designated post office, even with a mask, triggers a host of physical ailments that can keep her ill for two to three days.
Plagued by parcel pick up At issue: Woman’s chemical sensitivities limit access to post office. By Tracy Hughes OBSERVER STAFF
Imagine going to pick up a parcel, but that simple act causes your throat to become dry and scratchy. Your head starts to pound and your stomach gets queasy — and this is not a momentary effect, but takes two to three days to subside. That is what Salmon Arm resident Jayne Wilson says takes place whenever she goes to pick up a parcel at her Canada Post outlet. Due to her residential address, any parcel too large to fit in one of the Canada Post SmartBoxes must be picked up at the Canada Post outlet located inside the Shoppers Drug Mart. But for a person like Wilson, who suf-
fers from chemical sensitivities, the environment inside that store is difficult to tolerate due to the large amount of scented products. “Because of my sickness, I don’t go to malls or places like that very often. Online shopping is one of my primary coping strategies, but to do that I have to pick up my parcels.” When a parcel slip arrived in her mailbox, Wilson knew she couldn’t face a trip into the back corner of the Shoppers Drug Mart to pick it up. “Why should I have to suffer to get my mail? That should be a basic right for all Canadians.” Wilson began a series of complaint calls at the end of January to try and get the situation resolved. She was
shunted between Canada Post’s main customers service phone line, the staff at the main branch of the Salmon Arm post office and back to various customer service telephone managers. “I kept being assured that Canada Post recognizes my condition as a disability and that someone would contact me to resolve the situation — but it has now been months and no one has come up with any satisfactory resolution.” Canada Post workers rectified the immediate concern by delivering that particular parcel to her door, but Wilson says she was told that was a oneSee Canada Post on page A2
See Band on page A2
This week The citizens of Salmon Arm celebrated Easter with a host of events. See A3, A4, A13. Sean McEvoy has a passion for adventure racing all over the globe. See story on A17.
Index Opinion ....................... A6 View Point .................. A7 Life & Times ............... A8 Sports............... A17-A21 Arts & Events ... A22-A24 Time Out................... A25 Vol. 105, No. 15, 48 pages