——MAIL Box——-
NV District bylaw
bashing questioned

Dear Editor:

North Vancouver District Councillor Doug Mackay-Dunn’s
attack on the News’ editorial and the district’s zoning bylaw
demands a response (“Complex Bylaws Are Wasting Tax
Dollars” — April 5 letters to the editor).

In an obvious attempt to divert attention away from the fact
that he supported two massive “variances” for monster houses
on the Deep Cove waterfront, rookie Coun. Mackay-Dunn
now denounces the “complexity” of the district’s zoning bylaw.

The two variances that he supported were each more ‘than
2,000 square feet — larger than many single family homes.

One of those variances was the direct result of illegal con-
struction. The owner applied for and received a building permit
to construct a 2,844-square-foot house, but then went ahead
without authorizatioa and built a 5 .116-square-foor house —
and additional 2,266 square feet.

During council's consideration of this variance, Coun.
Mackay-Dunn focused on the maximum building and eave
a height. of houses. By questioning district staff, he managed to
cated, an admission that the height calculations can be compli-
cate

- Unfortunately for Mackay-Dunn, variances to height were
~ not an issue. I suspect he was (and is) well aware of this, but
: then ... there. is no point in letting inconvenient facts spoil a

good argument.
To bolster his position that the zoning bylaw is too compli-
cated for the poor builders to understand, Coun. Mackay-Dunn
.. quoted in his letter’ the assistant manager of planning. These
quotes, however, were very selective.
have the same council | meeting on tape'and the assistant
manager also stated: “Applicants who work with the zoning
bylaw know exactly what 1 can and cannot build.”
As a police officer, I’m sure that Mackay-Dunn would agree
* that parts of che Criminal Code can also be complicated. :
When you scratch below the surface, however, you discover

these complex rules are there to protect t the public from harm. .

Zoning bylaws are no different.° ©.

“As for: the. egal construction on Panorama Drive, rather
than’ doing the right thing and telling the a applicant to ce to comply
with, the zoning bylaw, Councilors Mac Harris,
Denault, Dunsford and Mayor Bell, shamefully rewarded him
for his efforts. :

Brian Platts”
North Vancouver . -

LYNN'S SPECIALTY

An interesti:.g decision was handed
down recently by the U.S. Supreme
Court with respect to a Hawaiian law
which had been in effect since 1978.
That law had established, lke the
Nisga'a Treaty proposes to do in
Canada, a race-based system for
controlling the expenditure cf a portion

i of the public moneys.

THE BACKGROUND

The Hawaiian law was challenged by a
Caucasian rancher, Harold Rice, who did
Not qualify as Hawaiian because ne could
not trace at feast half of his bloodline back
before 1778, the year of Captain Cook's

| arrival. Mr Rice's ancestors had only lived

in Hawaii since 1831, but successfully
qualifying as Hawaiian would have given
him a share of $350 million in trust funds

} from the sale or lease of public lands, as

well as including him in a !and claims
process involving airports and various
public enterprises, which Hawaiian
Nationalists say were taken from them
without their permission.

in response to Mr Rice's challenge, the
U.S. Supreme Court struck down the law
which prohibited non-native Hawaiians

§ from voting in elections to select trustees

to manage native Hawaiian affairs, and to
spend money which flowed from the public
purse. The Court determined that, where
the population as a whole has been taxed
in order to provide public money, the
decision as to how that. money will be
spent cannot be turned over exclusively to
a group based on their race.

Here in Canada, the Nisga'a Treaty

i contains provisions similar to those of the

Hawaiian law which has just been struck
down. The Treaty will exclude non-Nisga’a
living on Nisga‘a territory from voting for
Nisga'a Government representatives.
effectively preventing them from
influencing the way in which money given
to the Nisga'a by the Crown is spent. This
“taxation without representation" is almost
certain to lead to yet another legal!
challenge to the Nisga'a Treaty.

| MORE NISGA'A WOES

Back when the Nisga'a Treaty was first
introduced in the House of Commons,
Reform MPs tried many times, without
success, to persuade the Liberal
Government. to refer. the Treaty to the
Supreme Cour. for an opinion as to
whether it wes constitutional, before

attempting to pass it. into’ law. We.

pointed out that even the provincial wing
of the Liberal Party in BC had launched a
legal chailenge, and that there were at
least ‘three other fegal challenges

} underway, including. two from Native

bands other than the Nisga’a, We insisted
that the’ only way to minimize tia threat of

i lagal challenges was to have ihe basic
.framawork for the Treaty approved in a
province-wide

referendum. Every
suggestion and every proposed
arnendment was rejected though, and the
enabling legislation was passed before
Christmas of 1999.

Ifthe Liberals in Ottawa thought the Bill
would..have fast passage through the
Senate though, they were wrong.
Numerous witnesses have been
appearing before the Senate Committee
to point out the flaws in the Bill, including,
for example, representatives of the
Gitanyow Hereditary Chiefs, who are
claiming that the Treaty . wrongfully

|. inclides lands to which the Gitanyow have

laid ctaim. In addition, at least three former

‘Supreme. Court of Canada judges have.
now’ taken the position that they believe
that the Nisga'a Treaty is unconstitutional, ©

with one of them, Justice Willard Estey,
appearing before the Senate Committee

Wednesday, April 12, 2000 —- North Shore News - ~-9

ted white, mp. advertorial, April 12, 2000
cc TREATING EVERYONE EQUALLY

on March 23rd. An indication of the gravity
of such an appearance could be found in
the words of the Chairman of the
Committee, Senator Jack Austin, when he
commented that he could not recail at any
time in the past 25 years that a former
judge of the Supreme Court had appeared
before a Senate Committee.

The transcripts of the Committee
hearings record the following statements

as having been part of Mr. Estey's

presentation:

*,. | am not here as a witness
primed by some client to say whatever
the client wants said. You will hear from
me what | believe.”

"We have 150 years of experience
amongst the three of us, in presenting
the law to the courts and In deciding
the law in the courts. if we are wrong,
God help us, but we think we are right
because we have been there before
many times."

",. put down your gave! on the
legislative process of Bill C-9...just
adjourn the matter and, perhaps,
consult with the executive branch of
government to see if they want to doa
reference [to the Supreme Court of
Canade]”

... it Is clear that the Agreement
provides for the transfer from the
governments of Canada and British
Columbia to the Nisga'a nation very
significant sovereign powers presently
possessed by Canada and British
Columbia in accordance with the
Constitution of Canada. This transfer is
by itself unconstitutional ..."

"No one is going to thank us for
allowing this to go down the ‘road,
money spent organizing this, that and
the other institution, and the whole
thing collapses because of a court
order."

“.. it is our view that everyone: “

Nisga‘a included, are better served if
we do not Introduce something which
is... going. to be challenged
successfully. “

“(A full copy of the transcript of Mr
Estey's evidence can be obtained by
calling my office.)

AND MORE.

On the very morning | was writing this
report, the latest in a string of. legal
challenges to Nisga’a was announced, this .
time by 60 Wilp Chiefs of the Nisga'a
themselves, who claim that the. Nisga’a
Tribal. Councit tacked the authority to
negotiate a Treaty on their behalf."

Back when the results of.the Nisga'a

referendum were first announced, Reform |

MPs want on record with the suggestion |
that the media should investigate why: |
40% of the Nisga’e had either not voted, or -
actively voted against the Treaty. What a.
shame that nobody took the time to carry
out that investigation, because if they had
done so, these problems within the
Nisga'a themselves may have been
exposed bafore the Treaty even made itto:
the provincial legistature. It now, looks like -
we will be getting: the ‘details from very:
expensive, taxpayer funded, _ courtroom
reports instead.

So with the passage of tl
very much time at that,
taken by the svat tee ar
forced the Nisga
being undermined.
years, perhaps . "decades; of legal.
challenges. . Reformers were attacked

for ee that this would Hapa f

p> When swing was

king

Enjoy the
improvisational, swinging
sounds of jazz great,
Count Basie, performed
by “A® Band and NiteCap
on Friday, April 14 at
8p.m. in the Capilano
College Performing Arts
Theatre. For tickets and
information, call
990-7810.

Triathlon training

Train for the May 22
North Shore spring
triathlon with Canadian
triathlon champion, Mark
Bates. Triathlon for
Beginners runs
Wednesday evenings and
Sunday mornings
beginning April 26. The
course consists of theory,
demonstrations and
training sessions and costs
$125. For i information and ‘

’ registration, call ; ’
Continuing Baan at
984-4901.

b-Arts and
” entertainment -
* management -:

Interested in‘a career.
working behind the’.
scenes inarts °°
management? Capilano.
_ College's Arts and ©.
~ Enterrainment =... - |
” Management programs are
hosting an information
session on Wednesday,
April 19 at 7:30p.m. in
- . the Birch building; room
“126. Students are trailed |.
in marketing, resource °°
development, cotaputer ~
applications, and financial
_ and tour management.
. Call 984-4911 for details.

peCaroer information
meetings...

~ Stuck in a rut? Attend

one of Capilano College's,
” career information

Administration *

~ department is hosting an

: vinformation meeting

~ Wednesday, April 19

“7 p.m. it the Cedai
building, room 148; Joint. .
information meetings will '
be held for the Asia

= A ineeting will offered

the Legal Assistant

~: program on Thursday,
‘Apel 20 at 6:30p.m-in’ |
the Fir etcen

“Wednesday, April 26
- 7 p.m. inthe Cedar: .
. building; foom 141. For