Salmon Arm Observer, December 07, 2012

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Shuswap Your Classified Connection / Vol. 23 No. 49 Friday, December 7, 2012

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FINDLAY’S

Market News

OF SALMON ARM

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Inside

Salmon Arm

Grins all around

A4

n Laughing Gas Improv actors Rebecca Marchand, George Rithaler and Erin Leek in a skit from How The Grins Stole Christmas presented at the Shuswap Theatre. A family-friendly version of the show is set to run Saturday, Dec. 8 at 1:30 p.m. Admission is $5.

’Tis the season

Holiday entertainment abounds this week. Plus South Shuswap A8 Sports A30

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James murray/market news

Neskonlith won’t pursue appeal

SmartCentres: Band intends to work with others on municipal consultation issue. By Martha Wickett

market news staff

The Neskonlith Indian Band won’t be taking its appeal to the Supreme Court of Canada, but that doesn’t mean the issue prompting legal action has been resolved. The appeal stems from an environmentally hazardous areas development permit that the City of Salmon Arm issued in October 2011 for the SmartCentres site. Neskonlith Chief Judy Wilson

told the Observer the band will not be going to Canada’s highest court. “We are not pursuing the... appeal to the Supreme Court of Canada but we are looking at all other legal options in light of the Court of Appeals decision that leaves Neskonlith and other First Nations affected by municipal land-use decisions without a remedy,” Wilson said. Asked about other options, she said there are several similar cases in Canada, so the Neskonlith will work with other bands.

“It’s not just Neskonlith affected, but other First Nations… “We continue to have serious concerns about flooding with regard to this development; we don’t intend to leave them unaddressed. Any future developer or investor needs to be aware of those risks and potential liabilities.” In April, Justice Peter Leask in BC Supreme Court dismissed the Neskonlith’s request for a judicial review. The band had argued that the city had a legal or constitutional

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obligation to consult with the band before issuing the development permit. 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 municipaliSee City on page 2


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