Correspondence from Doug & Lindsay Critchley Re: 2401 Burnside Road W. - handyDART Site

From: Doug & Lindsay Critchley Sent: Sunday, March 1, 2020 9:00 PM To: Lindsay Critchley Cc: Mayor And Council Email mayorandcouncil@viewroyal.ca Subject: BC Transit HandyDart proposal 2401 Burnside

I am sending some information about the proposed HandyDart development in View Royal and asking you as a concerned citizen to right click on the Saanich News article, scroll down to line 15 “her Petition” and add your name to the 1300 people who have already signed. Please send this to all the members of your organization and ask them to sign the petition. You might like to attend or send a letter to mayorandcouncil@viewroyal.ca stating your concerns. Time is of the essence and you might wish to have it added to “late items to Council” The agenda for the Council meeting on this coming Tuesday March 3rd 2020 at 7:00 p. m. is on line. The Memorandum of Understanding (MoU) between BC.Transit and View Royal requires analysis (pp. 14-17). A MoU need not contain legally enforceable promises and only signals that a binding contract is imminent. A MoU is different from a contract which is legally enforceable and requires:

an offer
acceptance
a meeting of minds
Consideration i.e. an exchange of money
Capacity i.e. mental capacity of both parties to understand
Legality – must show legal intent i.e. lawful purpose – no contract can violate any law.

A contract can be voided by duress, undue influence, fraud, or misrepresentation. An MoU can contain promises which can be broken.

When studying the MoU see p14 D “will not bind the project to municipal approvals and or requirements”. See also 6) C “riparian area protection and enhancement” Also 7) “applicable D.P. Guidelines in the O.C.P.” See 13) “Diesel-powered transit vehicles, unless with endorsement of the staff of the Town of View Royal”.

Background

A year ago an environmental assessment was documented and received by View Royal following which further assessment was made and titled phase 2. View Royal did not receive it. I have requested it since December 2019 3 or 4 times from BC Transit who have refused to provide it. The Riparian Area Regulations were rescinded in Nov. 2019 and replaced with amended Riparian Area Protection Regulations (RAPR). At the same time the QEP’s manual was rewritten. Andrew Appleton, the Riparian Area Management Coordinator (Fish & Aquatic Habitat branch of the Min. of Forest, Lands & Natural Resources ....) confirms that the project lands are not subject to Local Government Bylaws and are not a trigger for RAPR application. The only legislation that applies are the Water Sustainability Act 2016, and the Federal Fisheries Act including H.A.D.D.

Unless a binding contract is written all of the statements in bold type above are promises with no legal enforcement.

One of the most destructive environmental hazards is diesel fuel which damages soil, plants, fish eggs and juvenile fish. If using an Intergovernmental Cooperation Agreement a subagreement could be written with enforcement and penalties against the use of diesel buses.

There are many reasons that this is the wrong location for an industrial facility in a residential area and a Park but I have confined my comments to protection of Craigflower Creek

Doug Critchley Research Director Portage Inlet Protection Society PIPS. March 1st 2020.

cc Burnside Gorge Community Association; Salmon in the City; Friends of Cuthbert Holmes Park; Habitat Acquisition Trust; Peninsula Streams Society; Victoria Golden Rods and Reels; BC Wild salmon Advisory Council; Friends of Swan Creek watershed; SeaChangeMarine Conservation Society; Friends of Victoria Harbour Migratory Bird Sanctuary; Gorge Tillicum Community Association; Gorge Waterway Action Society; Portage Inlet Sanctuary Colquitz Estuary Society; South Islands Aquatic Stewardship Society; Victoria Canoe and Kayak Club; Victoria West Community Association; World Fisheries Trust;

---------- Forwarded message --------- From: Date: Fri, Feb 28, 2020 at 7:37 PM Subject: News and more news!

Here is the link for today's Black Press article. https://www.saanichnews.com/news/petition-aims-to-stop-handydart-facility-from-being-built-in-view-royal/

West Coast Environmental Law is supporting us, has suggest we apply to them for funding and referred a lawyer who I spoke with this week. The application is under way! We will likely need more funding for this and other costs associated with the campaign. https://www.gofundme.com/f/save-craigflower-creek

And of course, if you haven't signed and shared the petition yet, here it is. https://www.change.org/p/john-horgan-premier-government-of-british-columbia-save-craigflower-creek