Observer SALMON ARM
Wednesday September 26, 2012 www.saobserver.net $1.25 HST INCLUDED PM40008236
Court dismisses band’s appeal Neskonlith: Judges support earlier ruling in favour of the City of Salmon Arm and SmartCentres. In an email, Sandra Kaiser, vice-president of corporate affairs for SmartCentres, wrote: “Our lawyers are in the midst of digesting An appeal launched by the Neskonlith In- the decision to provide us with a fulsome dian Band regarding the SmartCentres shop- understanding of the implications of the deping development has been dismissed by the cision. Once this has happened we will conBC Court of Appeal. sider the next steps regarding our site.” In a decision rendered Monday at the VanThe Neskonlith band issued a news recouver Law Courts, Madam Justice New- lease Tuesday, stating that the band “views bury, Mr. Justice Hall and Madam Justice D. the BC Court of Appeal decision as a narrow Smith agreed that arguments put forth by the ruling on the SmartCentres development, Neskonlith were not sufficient which provided no sound remto overturn a decision made in edies despite our strong constiApril by Justice Peter Leask in tutional arguments that municiBC Supreme Court. palities should be required to At that time, Justice Leask consult on land-use decisions dismissed the Neskonlith’s rewhen First Nations interests are quest for a judicial review. The impacted.” band had argued that the City Chief Judy Wilson said the of Salmon Arm had a legal or band is still considering its next constitutional obligation to steps regarding the decision. consult with the band before is“The court ruled that the city Chief Judy Wilson suing the environmentally hazdoes not have to consult regardNESKONLITH ardous areas development pering this important land-use deBAND mit for the SmartCentres site. cision which will affect lands The property is adjacent to the and the blue-listed species in Salmon River, which borders the sensitive ecosystem of the Neskonlith land to the west. Salmon River delta and floodLeask concluded that the plain. Since they are the final duty to consult, when decisions decision-maker, the province We want to make may affect aboriginal rights or has also not consulted First Nait clear that there is title, rests with the province. tions.” The band had argued that “The next logical step fola serious flooding because the province had dellowing this decision will be risk regarding egated some land-use decisions a constitutional challenge to the proposed to municipalities with no overthe Local Government Act bedevelopment... sight from the province, the cause it does not include a duty duty to consult also transfers to consult regarding land-use to municipalities. Its argument decisions that affect First Naincluded the concern that the property will tions.” flood, requiring flood-control measures. She emphasized that, “we want to make it Those flood-control measures would then clear that there is a serious flooding risk redo damage to the environment and the inter- garding the proposed development and that ests of the band. the development is sited too low. Potential inFollowing the decision issued Sept. 24, vestors should take this into account and the a SmartCentres’ spokesperson told the Ob- issue has to be addressed in order to protect server the company’s next steps haven’t been decided yet. See Mayor on page A2
By Martha Wickett OBSERVER STAFF
Sprint to the finish
JAMES MURRAY/OBSERVER
Hallie Parenteau sets her sights on the finish line of the Kids TryA-Tri Triathlon held Sunday at the SASCU Recreation Centre. Each participant received a medal just for trying and doing their best. For additional coverage and results, see A12.
Police ID flasher suspect By Tracy Hughes OBSERVER STAFF
Salmon Arm RCMP have now identified the suspect after an incident where an older man is alleged to have exposed himself to girls playing at the Canoe playground on Sunday. “With the description that we had, we have identified an individual and are continuing our investiga-
tion into the incident,” said Staff Sgt. Kevin Keane on Tuesday. The suspect has not been arrested or charged with a crime. He will not be identified unless formal criminal charges are filed. The suspect was described as being in his 60s with a thick white moustache and white hair. He was wearing a white Tilley hat, a white shirt and blue
jeans. The man was driving an older model, burgundy, Chevy S-10 truck, with a white canopy. Police confirm the man spoke to a number of the girls and gave them coloured markers. If anyone has additional information on the incident, contact the Salmon Arm detachment at 250832-6044.
This week Local dentist’s quest to find love in Ireland captures worldwide attention. See details on A8. Tennis players took to the courts for the annual Salmon Arm Open. See results on page A13.
Index Opinion ....................... A6 View Point .................. A7 Life & Times ............... A8 Sports .............. A22-A26 Arts & Events ... A27-A30 Time Out................... A31 Vol. 105, No. 39, 44 pages