N.S. Supreme Court quashes permit to allow canoe day camps at Zwicker Lake
A group of Zwicker Lake residents who questioned why a canoe club was allowed to operate day camps when the area is not zoned to permit it has prevailed in court.
However, what that ruling means for the Pisiquid Canoe Club and its programming remains to be seen.
For the applicants – Andrew Hardman, Debbie Innes, Mark Kehoe and Seamus Marriott – this has been a battle for answers that started in the spring of 2022.
In a Jan. 22 written decision, Nova Scotia Supreme Court Justice Gail Gatchalian ruled the Pisiquid Canoe Club day camps do not comply with the West Hants Regional Municipality (WHRM) land use bylaw (LUB) for the area.
Background
The club, which has been in operation for almost 50 years, got its start on the manmade reservoir known as Lake Pisiquid in Windsor. It offers recreational programming, predominately for youths, and training for elite athletes.
In 2021, after a federal Department of Fisheries and Oceans order changed how the aboiteau gates were operated, Lake Pisiquid was drained of water. In order to continue providing athletic opportunities, the canoe club temporarily moved operations to Mockingee Lake, and then in 2022 purchased a residential property along Zwicker Lake in Vaughan.
The land in question is zoned general resource.
As the canoe club intended to operate outdoor seasonal day camps, this marked a change in use of the residential property.
In her decision, Gatchalian noted the canoe club was required to obtain a development permit under the municipality’s land use bylaw. This was granted on Feb. 6, 2023. The applicants filed an application for a judicial review into the matter, wanting the court to quash the permit.
“The decision to grant the development permit to the canoe club was made by the municipality’s development officer, Doug MacInnis. He did not provide reasons when he issued the development permit,” Gatchalian wrote in her decision.
The justice considered the information and evidence provided by the applicants and the municipality, which included a 308-page record and a 61-page supplemental record, plus an affidavit from MacInnis.
In an email in August 2022, Madelyn LeMay, who has since retired as the municipality’s director of planning and development, asked if MacInnis sought legal opinion as he was allowing the camps based on the club being a ‘community centre.’ She noted that the club did not meet the definition of a community centre and that day camps are only permitted on property zoned water supply and open space.
Multiple emails were sent over the next month, some between MacInnis and the canoe club, others between MacInnis and LeMay.
Gatchalian noted there was “a fatal flaw in Mr. MacInnis’ reasoning process” and the conclusions he reached.
“As Mr. MacInnis’ decision to issue the development permit to the canoe club is not justified in relation to the relevant statutory constraints, it is unreasonable. The application for judicial review is granted, and the development permit is quashed.”
Moving forward
Following the decision, Hardman, Innes, Kehoe and Marriott sent a joint letter to West Hants council highlighting the decision as they had “lost faith in our administrative staff to be forthright.”
In the letter, it notes the Upper Vaughan residents spent nearly $21,000 in legal and consulting fees and estimated it could cost the taxpayers more than $50,000 when factoring in West Hants’ legal fees.
“We want to be clear. No one has ever sought to cease youth sports on Zwicker Lake. Since early 2022, the only thing that we have asked is that the WHRM and the permit applicant follow the process outlined in the LUB for a non-permitted use. That is either a development agreement or a zoning change. Both of which would require a public input process,” the letter reads.
“Instead, the WHRM and the permit applicant seem to have taken an approach that appears to be entitled and have disregarded our bylaws.”
The letter said they hope council will not mount a costly appeal.
Canoe club plans
Brad Carrigan, the club commodore, said the organization is still examining what the ruling means.
“We are waiting to hear from both the municipality and our lawyer of what this means for us,” Carrigan said in a brief interview Jan. 25.
He said the club members are “committed to keeping the canoe club going” and are planning for the future.
“We have had a board meeting to discuss our options of what this summer will look like. We have some ideas and plans that we will release very, very soon.”
