The decision to allow Target Marine Hatcheries to harvest sturgeon for caviar onsite has been struck down in Supreme Court with the District of Sechelt admitting to an error in the process used to adopt the required bylaws.
That process was questioned by Tillicum Bay resident Shirley Kuciuk who put forward a petition against the District Feb. 14 in B.C. Supreme Court. In preparing to respond to the petition, the District of Sechelt found a "possible procedural defect," according to Sechelt Mayor John Henderson.
"It gets into the fine points of procedures and rules and steps and all of that," Henderson said. "Frankly, normally it wouldn't be an issue, but in this case, because it is such a high profile situation, we've taken the action out of an abundance of caution to say, 'let's just acknowledge that there was a procedural defect and quash the bylaws' and then we will move forward expediently to start the process again," Henderson said.
According to the District, that process will start right back at square one.
"The process will consider new zoning and official community plan amendment bylaws relating to the property, it will include receiving a new report from staff on the applications, consider readings of new bylaws, sending referrals to various agencies and considering submissions made by individuals and groups at a new public hearing," Henderson said.
He expects council will start that process within the next week or two.
"We will approach it as a new application and give it the usual readings and, of course, we're going to follow the procedures and the rules to the T," he noted.
In the meantime, the ruling by the court will put the brakes on any harvesting of sturgeon for caviar at Target Marine Hatcheries. Hatchery manager Justin Henry said the operation hasn't started yet.
"We're still finishing building the building," he said.
Henry said he was disappointed at the outcome of the court case, but said it will not stop the hatchery from moving forward.
"Fortunately Sechelt council's been given a clear mandate from the electorate and it's unfortunate that it will now take more time and more of the taxpayers' money to get there, but we'll continue on the same track," he said. "We started this process in 2007. We'll get there."
While the District is legally able to reintroduce the bylaws and go through the process once more, Kuciuk's lawyer L. John Alexander said his client is satisfied with the outcome of her petition.
"Certainly from her perspective the point is now made," he said.
