A B.C. Supreme Court justice has dealt a blow to the Vancouver Island YMCA-YWCAB次元官网网址檚 effort to prevent an Alberta-based company from building a road right through the Camp Thunderbird property near Sooke, but the organization vows to fight on.

B次元官网网址淲e donB次元官网网址檛 want to have roads built through lands that weB次元官网网址檙e using for outdoor activities for young people,B次元官网网址� said Derek Gent, who manages the organizationB次元官网网址檚 Island branch.

The Alberta company is seeking to gain access to three mineral claims in an area adjacent to the camp that is currently inaccessible as it is hemmed in by park land, Crown land and the camp.

The YMCA-YWCA says the effort doesnB次元官网网址檛 a have anything to do with mining claims, but is actually a bit of a ruse to try to get a road declared public so a different Alberta company B次元官网网址� one that has common shareholders with the company making the mineral claim B次元官网网址� can build a subdivision on property it owns that is also hemmed in.

In a decision on Oct. 31, 2022, B.C.B次元官网网址檚 chief gold commissioner had agreed, and invalidated the mineral claims.

The company then appealed to the B.C. Supreme court and in a March 27 ruling, Justice Jennifer Whately sided with the company, Victoria Teleport Corp., finding that the commissionerB次元官网网址檚 decision was made after a hearing that was not procedurally fair, saying the company wasnB次元官网网址檛 given a clear indication of what it needed to do to prove the validity of the claims.

Whately did not rule on the merits of the case though, instead sending it back to the gold commissioner to be reheard in front of a different person in the commissioners office, ideally the deputy commissioner.

This is just another chapter in a dispute that dates back decades, said Gent.

B次元官网网址淚tB次元官网网址檚 our contention that this is all related to an effort thatB次元官网网址檚 been going on for decades B次元官网网址� from a group of landowners of a parcel north of Camp Thunderbird,B次元官网网址� he said. B次元官网网址淎nd there have been a few different efforts, most recently through the staking of mining claims, and then petitioning for access to the mining claims, for road-building activity.B次元官网网址�

The attorney for the Victoria Teleport Corp. would not comment for the story, and the company itself did not respond to a request, which was passed through the attorney.

A local contractor who worked for the company, Terrance Martin, was reached for comment, but would only discuss the road issues in a more general way.

He said these types of issues exist all across the province with what he called B次元官网网址渙rphan roadsB次元官网网址� that were once developed with public funds, but have fallen into disrepair and therefore donB次元官网网址檛 appear on land titles.

This can result in situations in which one property owner thinks they have a piece of land that has no roads running through it, while another property owner may be landlocked by a road they thought was usable but may not be a legal access route.

He related this to the current situation.

B次元官网网址淚tB次元官网网址檚 being claimed by one of the parties B次元官网网址榯hatB次元官网网址檚 not a road, thatB次元官网网址檚 our driveway, and thatB次元官网网址檚 our property, and you canB次元官网网址檛 go there,B次元官网网址橞次元官网网址� Martin said. B次元官网网址淭hereB次元官网网址檚 two sides to that.B次元官网网址�

Gent said his organization disagrees with this characterization of the road.

B次元官网网址淭heyB次元官网网址檙e contending that there was a historical highway that goes up directly through our campgrounds to access their sites, and we are objecting to that,B次元官网网址� Gent said.

These types of disputes arise often enough for the B.C.B次元官网网址檚 Ombudsperson to open an investigation into the problem, finding that legislation needs to be changed to provide clarity for these cases.

B次元官网网址淭his legislation continues to give rise to problems and disputes between neighbours, private citizens and government,B次元官网网址� said Ombudsperson Jay Chalke in a March 5 press release. B次元官网网址淚t needs to be fixed, to protect the public interest and address an ongoing injustice.B次元官网网址�

Until then, cases like these will continue to be fought out in the courts and varied dispute resolution processes like that of the gold commissioner.

B次元官网网址淚tB次元官网网址檚 going to cost us more resources that weB次元官网网址檇 rather spend on our charitable programs and activities,B次元官网网址� Gent said.