The owner of lot 17 at the Cape on Bowen, Shu Lin Dong, filed a petition against the Municipality of Bowen Island on June 23 in the Supreme Court of British Columbia asking for a declaration by the courts that Bylaw No. 381, which prohibits dock construction along the Cape’s coastline, illegal. The petition says that the bylaw extends beyond the municipality’s legislative authority, is discriminatory, was adopted in bad faith, and was passed in breach of its duty of procedural fairness.
The petition also claims there was a lack of consultation and attempt to find a balanced solution, and cites the support of the mayor and three councillors for the 2013 petition released by Stop the Docks campaign asking for a prohibition against all dock construction on the shoreline of the Cape.
Former councillor and Stop the Docks Campaigner Doug Hooper says that the group is simply made up of concerned citizens who want to protect the shoreline of the Cape.
“It is unfortunate that this matter is going to the courts; it takes away from council’s other priorities,” says Hooper. “Even if we win this, it can still be costly for the municipality. But I vigorously support council in their efforts to support the public and the shoreline.”
He adds that according to the petition filed by Shu Lin Dong, the province was approving dock applications while the municipality was still sorting out the details of its land-use bylaw in relation to docks.
“I think this lawsuit brings us the opportunity to gain some insight into the role the province has played in all of this,” says Hooper.
The municipality is not making any statements about the lawsuit at this time, but is preparing for the court hearing on July 24.
