Concerns about flood hazard risks prompt need for court action…

By Tracy Hughes
Salmon Arm Observer
July 20, 2011

The Neskonlith Indian Band announced Wednesday they are initiating a legal challenge against the City of Salmon Arm’s issuance of a hazardous area development permit for the SmartCentres Shopping Centre.

In a press release, the band says despite repeated requests to establish a proper consultation process regarding their concerns about the proposed development, none was undertaken.

“The City of Salmon Arm refuses to acknowledge the constitutional obligations which passed to them when the province delegated the responsiblity for flooding risk assessment and we now unfortunately have to look to the courts to ensure that the city lives up to those obligations. We have therefore instructed our legal counsel to prepare the documents to file a challenge…” says Neskonlith Indian Band Chief Judy Wilson.

“As Secwepemc people, we hold aboriginal title and rights over our territory, which includes the Salmon River delta and floodplain. This critically important decision regarding our territory, which we are told by independent experts could have a tremendously negative impact on an area of extraordinary value to our people, was taken without any meaningful consultation with us. We will not sit idly by and allow this to occur,” she adds.

When contacted by the Observer late Wednesday afternoon, Mayor Marty Bootsma said he was unaware of the band’s statement, but said he was not surprised the band would challenge the city in court.

“That kind of talk, it’s always been out there. We’ll just have to wait and see where it goes from here.”

In the wake of reports by Stantec, an engineering firm hired by SmartCentres to report on flood risks for the proposed shopping centre site, the band retained their own expert who disagreed with Stantec’s view that there would be no measurable increase in the current flood hazard risk to adjacent properties from the development. The Neskonlith lands are directly beside the SmartCentres site, which are all part of the Salmon River delta area.

The band retained Michael Church, an engineer and professor who specializes in natural stream channel design, and Nancy Turner, a professor and ethnobotanist, who were of the opinion that further studies were needed to understand the potential impacts to the reserve lands.

“Professor Church is of the view that the development will flood in the near future and there is a pressing need to study the potential impacts of resulting flood mitigation measures. We can not allow such careless planning about an area of such importance to go unchallenged,” said Wilson.

There is no indication as to when the band’s lawyers intend to officially file suit.