Transparency and Public Hearing
The new Supreme Court decision & Public Consultation
The new 2015 Supreme Court decision by Justice Mark McEwan is clear:
" [120] It is, however, also obvious that, despite this, the public hearing should be a kind of counterweight, and as fair, open and transparent as the nature of the overall project dictates. To be fair, it cannot be conducted on the basis that the public will get just enough information to technically comply with the minimum requirements of a public hearing. The desire of those who have brought the project along to get past the approval stage cannot be allowed to truncate the process. A public hearing is not just an occasion for the public to blow off steam: it is a chance for perspectives to be heard that have not been heard as the City’s focus has narrowed during the project negotiations. Those perspectives, in turn, must be fairly and scrupulously considered and evaluated by council before making its final decision."
Community Association of New Yaletown v. Vancouver (City), 2015 BCSC 117
" [120] It is, however, also obvious that, despite this, the public hearing should be a kind of counterweight, and as fair, open and transparent as the nature of the overall project dictates. To be fair, it cannot be conducted on the basis that the public will get just enough information to technically comply with the minimum requirements of a public hearing. The desire of those who have brought the project along to get past the approval stage cannot be allowed to truncate the process. A public hearing is not just an occasion for the public to blow off steam: it is a chance for perspectives to be heard that have not been heard as the City’s focus has narrowed during the project negotiations. Those perspectives, in turn, must be fairly and scrupulously considered and evaluated by council before making its final decision."
Community Association of New Yaletown v. Vancouver (City), 2015 BCSC 117
What the court demands be done...
Here is a quote from the legal analysis of the McMillan Lawyers:
http://www.mcmillan.ca/Recent-BC-Decision-Quashes-Rezoning-and-Land-Swap
The result of this decision on future public hearings and development permit processes is that the City:
1. must provide intelligible and understandable information to the public to allow for scrutiny and consideration;
2. must provide the public with a fair opportunity to communicate with City Council about the advantages and
disadvantages of the proposal; and
3. must scrupulously consider the input from the public and cannot arrive at a pre-ordained conclusion.
http://www.mcmillan.ca/Recent-BC-Decision-Quashes-Rezoning-and-Land-Swap
The result of this decision on future public hearings and development permit processes is that the City:
1. must provide intelligible and understandable information to the public to allow for scrutiny and consideration;
2. must provide the public with a fair opportunity to communicate with City Council about the advantages and
disadvantages of the proposal; and
3. must scrupulously consider the input from the public and cannot arrive at a pre-ordained conclusion.
Their Excuses... |
But council decisions... |
|
"Meeting agendas and minutes are available on our website..."
"We had an open house..." "We don't have budget for webcasting..." |
Must be LEGAL = they have to follow the rule of law Must be LEGITIMATE = they have to accurately reflect what the community wants |
Examples of flawed public hearings processes in Oak Bay
The Clive Apartment
The Estevan Duplex
Creation of the new OCP
Read more: "History and chronology of the Clive Development Application"
The Estevan Duplex
Creation of the new OCP
Read more: "History and chronology of the Clive Development Application"
What you can do.....
The document below provides valuable tips on how you can speak up and make a difference !