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March 29, 2017


Ms. Madeline Maley
Acting Assistant Deputy Minister
Integrated Resource Operations Division
Room 248, Parliament Buildings
Victoria BC
V8V 1X4

By Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Dear Ms. Maley,

Thank you for your email of March 20, 2017 with reference no. 227925.

I am writing to advise you that my organization, Garibaldi Park 2020, has written to Honourable Suzanne Anton in her capacity as Attorney General of British Columbia on the matter of the public nuisance created by Whistler Blackcomb. It is our position that under the Canadian common law doctrine of dedication and acceptance, public rights-of-way created in the manner I have described in my earlier correspondence with Mr. Norman Lee, Executive Director, Mountain Resorts Branch result in the public at large acquiring legally enforceable rights to use and enjoy the highways. Section 23 of British Columbia's Land Title Act defines a highway to include "a public street, path, walkway, trail, lane, bridge, road, thoroughfare and any other public way." We rely for our understanding of the doctrine on an article entitled Highways, Parks and the Public Trust Doctrine, by Andrew Gage of West Coast Environmental Law in the Journal of Environmental Law and Practice, October 2007 published by Thomson Canada Limited.

March 29, 2017

Honourable Suzanne Anton, Q.C.
Room 232, Parliament Buildings
Victoria BC
V8V 1X4

By Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Dear Honourable Minister,

I am writing to you in your capacity as Attorney General for British Columbia. I am requesting the intervention of the Attorney General in the matter of a public nuisance created by Whistler Blackcomb resort situated in the Resort Municipality of Whistler. My organization, Garibaldi Park 2020 has written several times in the last year to Mr. Norman Lee, Executive Director, Mountain Resorts Branch in the matter of private vehicle use of the Fitzsimmons Creek roads leading to the Garibaldi Provincial Park boundary in the vicinity of Harmony Creek (FLNRO file reference no. 224595, 227618, 227925). The public nuisance arises under the Canadian common law doctrine of dedication and acceptance as Whistler Blackcomb has illegally gated both public Fitzsimmons Creek roads thereby preventing long standing private vehicle use and in particular, private vehicle access and parking at the Singing Pass trail head adjacent the park boundary. Why is it a public nuisance? The illegal gating of the roads adds a distance of some ten kilometers for a return hike to Singing Pass. It makes Singing Pass a longer and exhausting day, particularly for seniors, families with children and all but the extremely fit. Hikers spend less time exploring the beauties of Garibaldi Provincial Park, instead are hiking relatively boring logging roads. Further, Whistler Blackcomb has failed to maintain the public road on the south side of Fitzsimmons Creek as required in its Master Development Agreement (MDA) with the Province of British Columbia.

Letter from Garibaldi Park 2020 to Honourable Steve Thomson on the subject of the abatement of the public nuisance created by Whistler Blackcomb resort in the matter of Singing Pass trail head access. Response from Ms. Madeline Maley, Acting Assistant Deputy Minister, Integrated Resource Operations Division assigning reference no. 227925.

March 8, 2017

The Honourable Steve Thomson

Minister of Forests, Lands and Natural Resource Operations
Room 248, Parliament Buildings
Victoria, BC
V8V 1X4

Dear Minister,

I am a co-founder of the organization Garibaldi Park 2020. Our organization is dedicated to reopening the master plan for Garibaldi Provincial Park for further public recreation improvements and seeks to correct what we consider several long-standing problems with park management. I originally wrote to you April 21st, 2016 about restoring public vehicle access up Fitzsimmons Creek road to the original Singing Pass trail head adjacent the Garibaldi Provincial Park boundary in the vicinity of Harmony Creek.

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