Landmark court decision deems lakes public property

People in a packed Kamloops courtroom broke out in applause on Friday as a B.C. Supreme Court judge delivered a judgment described as decades in the making, ruling all lakes are public property and prohibiting private landowners from restricting access to them.

The decision was the culmination of a protracted trial spanning six years, pitting a wealthy private ranch — the Douglas Lake Cattle Company, owned by U.S. billionaire Stan Kroenke (husband of a Walmart heir and owner of the Los Angeles Rams, Colorado Avalanche, Arsenal and other professional sports franchises) — against the B.C. government and the Nicola Valley Fish and Game Club in a fight over access to two small fishing lakes.

The Nicola Valley ranch’s position was that it owned Stoney Lake and Minnie Lake because the bodies of water are surrounded by private property and alterations to the lakes had been made by the company. The ranch also claimed ownership of fish in the lakes by virtue of the fact it kept them stocked.

The fish and game club, on the other hand, argued B.C. laws don’t allow private landowners to control bodies of water or the fish inside them. B.C. Supreme Court Justice Joel Groves ruled against the ranch. He determined roads in the area of the lakes that had been claimed as the property of the ranch were actually public.

Groves also said the Douglas Lake Cattle Company may have to remove dams it has constructed to increase the size of some lakes, which resulted in flooded roads. Groves ruled the ranch cannot lawfully block access to either lake, but he did place some limits on the actions of anglers, ordering catch and- release fishing on both of the lakes.

“It would be nonsensical for a government to retain the rights to a lake if, by virtue of a single owner purchasing all the land surrounding a lake, that owner could prohibit public use or ownership of the lake,” Groves said in his ruling. “It only makes sense that government would have retained the ownership of bodies of water, lakes, with the intention of the public being allowed to access water they retained.”

But, Groves added, there are limits. “By access, I am not suggesting that there exists a right to motorboat or other vehicular access to bodies of water, but it only makes sense that the government’s intention in retaining ownership of lakes means that there is public access, as determined and regulated by government, to these lakes,” he said.

In his judgment, Groves also called out the provincial government for decades of inaction despite findings by provincial officials as far back as 1996 that the ranch’s actions were illegal.

“Yet the province did not respond to this apparent unlawful act. In fact, for over 20 years, it did nothing,” Groves said. “Over 20 years, a privately held corporation, owning a large swath of land, prohibited the public from driving on a public road and the province did nothing. This is most unfortunate. … The province has continuously failed the citizens of British Columbia.”

Groves also issued a five-page epilogue imploring the government to change its laws and regulate access to address issues surrounding ownership and use of lakes and other Crown land. Failing to do so, he said, could lead to a wave of expensive litigation.

“First off, look at the Trespass Act. Is that really what you intend in today’s world?” Groves said. “Secondly, if you own the lakes of the province, which you do, can you not regulate access? There really is no point to ownership, otherwise.”

As Groves stood up to leave the courtroom — packed with about 75 spectators — supporters of the fish and game club broke out in applause. Douglas Lake Cattle Company ranch manager Joe Gardner was not one of those celebrating.

“I think I want to read it and think about it,” he said of Groves’ decision. “I’ve got no comment other than that.”

Speaking to reporters outside court, Nicola Valley Fish and Game Club spokesman Rick McGowan called the decision “a win” for his organization, but not the end of the fight.

“It’s good for future litigation,” he said, noting he has been involved in the battle for lake access for 30 years.

Douglas Lake Cattle Company has not indicated whether it intends to appeal Groves’ decision.

Just Posted

Plenty of true grit shown at Big ‘4’ Rodeo in Barriere

Justin Harrell from Chetwyn, B.C., breaks out of the chute in perfect… Continue reading

Father’s Day Fish Derby a family affair in Barriere

North Thompson Fish and Game Club hold 10th Annual Father’s Day Fish Derby

United We Roll For Canada rolls into Barriere

When a dedicated group got together to organize a convoy of trucks… Continue reading

Susan Mitchell recognized as the ‘birthday girl’ at Chinook Cove Golf

By Leslie Stirling Last Tuesday’s Ladies Night (June 11) was one of… Continue reading

CAO reports to Barriere council at June 17 meeting

District of Barriere CAO Colleen Hannigan covered a number of topics in… Continue reading

VIDEO: ‘Avengers: Endgame’ to be re-released with new footage

‘Avatar’ holds global box office record at $2.788 billion, while ‘Endgame’ stands at $2.743 billion…

B.C. teen killed by falling tree near Victoria

Second youth also injured in freak incident during field trip at Camp Barnard near Sooke

Elias Pettersson wins Calder Trophy as NHL’s top rookie

Vancouver forward first Canuck to win award since Pavel Bure in 1992

FVRD chair calls B.C. incineration plan for Philippines waste ‘disturbing’

Metro Vancouver ‘uniquely capable’ of safely disposing of waste coming back to Canada, say officials

VIDEO: Acknowledging skeptics, finance minister vows to build Trans Mountain project

Bill Morneau said he recognizes ‘huge amount of anxiety’ in Calgary over future of oil and gas sector

Shovels could be in the ground on Trans Mountain by September, CEO says

Ian Anderson points to weeks likely required for NEB to reinstate 2016 regulatory record

Scorpion gives birth after hitching ride in B.C. woman’s luggage

A Vancouver woman inadvertently brought the animal home from a trip to Cuba

RCMP allows officers to grow beards

Members can now wear beards and goatees, as long as they’re neatly groomed

Girl, 10, poisoned by carbon monoxide at B.C. campsite could soon return home

Lucille Beaurain died and daughter Micaela Walton, 10, was rushed to B.C. Children’s Hospital on May 18

Most Read