Dead in the water: high court dismisses appeal for public access to Merritt-area lakes

KAMLOOPS — For the Nicola Valley Fish and Game Club, it’s the one that got away.

Club spokesman Rick McGowan says, after years of fighting for access to a pair of Merritt-area lakes, the Supreme Court of Canada has refused to hear its last-ditch appeal.

“Up until now, we were under the assumption that all water in Canada was navigable and the public had a right to go anywhere on public water,” a frustrated McGowan told CFJC Today Wednesday (Sept. 29). “Now that’s not the case.”

The club was asking Canada’s highest court to overturn a B.C. Court of Appeal decision that effectively allows the Douglas Lake Cattle Company to cut off public access to Minnie and Stoney Lakes. The two lakes are popular with local fishers but are completely surrounded by Douglas Lake Ranch property.

B.C. Supreme Court ruled in favour of the club in 2018, but that ruling was overturned by a three-member B.C. Court of Appeal panel in March of this year.

Wednesday morning, McGowan was informed of the decision by Canada’s Supreme Court not to hear the case, dismissing it with legal costs for both sides made the responsibility of the club.

“The provincial court of appeal ruled against four existing [laws],” said McGowan. “We went into this thinking that the law was the law and it should be upheld. In actuality, the court of appeal ruled against [us] and just completely discounted legitimate legislation — which to us is just bizarre.”

“It actually sets a dangerous precedent for three or four different types of law in British Columbia and Canada,” he added. “Now it affects any lake that is artificially raised by a dam; land owners can now say, ‘It’s private property. You can’t get to it.’”

The David-and-Goliath battle pitted the small-town fishing enthusiasts against a massive cattle ranch owned by American billionaire Stan Kroenke, who also owns several professional sports franchises including legendary English soccer club Arsenal and the NHL’s Colorado Avalanche. Kroenke’s wife Ann is an heiress to the Walmart fortune.

McGowan says the ruling requiring club members to pay Kroenke’s legal fees may have dire consequences.

“I don’t think the club is at all prepared to fundraise for lawyers for Douglas Lake (Ranch) and/or the government for someone who’s trying to steal public property and lakes and roads. So no, we don’t have the money. We just don’t have it. We might have to declare bankruptcy or something along those lines. We don’t know yet.”

With the legal fight dead in the water, McGowan says provincial legislation would have to be amended to restore access to many public lakes in B.C.

He adds Central Okanagan-Similkameen-Nicola MP Dan Albas has told the club he cannot help and the club has had no success scheduling a meeting with Fraser-Nicola MLA Jackie Tegart.

“Thanks everybody who was concerned and supported it — both financially and morally,” McGowan said, “but it’s a big kick in the teeth for the people of British Columbia because going forward, there are going to be a lot more locked gates.”