Is this the future of Shakesides? Photo shows the site of Mack Laing’s original home, Baybrook / George Le Masurier photo
Heritage BC joins fight to save Shakesides, warns AG of dangerous precedent
Demolition of the famous naturalist Mack Laing’s heritage home could have reverberations throughout British Columbia for heritage conservation.
That’s the message from the province’s leading heritage conservation organization, which has thrown its weight behind the Mack Laing Heritage Society’s effort to stop the Town of Comox from demolishing the house, known as Shakesides.
Paul Gravett, executive director of Heritage BC, has urged BC Attorney General David Eby not to condone the “demolition by neglect” practice being used by the Town of Comox.
“If the court allows the terms of Mr. Laing’s trust to be altered, a precedent could be established that would discourage future donors, who fear their wishes could be altered or ignored, from making important gifts of real property. This poses a threat to the conservation of B.C.’s heritage,” Gravett wrote in a letter to the attorney general.
“The current state of Shakesides is a form of ‘demolition by neglect.’ this is a wholly unacceptable and irresponsible practice that results in the slow degradation of our historic environment. It should not be condoned,” he wrote.
Gravett has also filed an affidavit in the BC Supreme Court case that will decide Shakesides’ fate. The Town of Comox has petitioned the court to alter the terms of their trust agreement with Mack Laing, which would allow them to demolish the house and spend the sizable monetary trust Laing left the town in other ways.
The Mack Laing Heritage Society has opposed the town’s petition and will be a party to the case when it is heard. No court date has been set, but the case will likely go to trial this fall.
Gravett said the building, which still stands on its original site, is restorable.
“The proposal (by Comox) to demolish the structure is antithetical to heritage conservation and environmental conservation,” he wrote to AG Eby. “Shakesides should not be allowed to become landfill.”
In his affidavit, Gravett notes that he urged the town two years ago to reconsider its pursuit of court permission to demolish Shakesides. At the same time, he offered the town his organization’s “advice, capacity building training and assistance with conservation planning” to save the building.
Gravett also offered financial assistance through grants from the Heritage Legacy Fund program.
The Town of Comox rejected both offers.
“The replacement of Shakesides with the proposed viewing platform is inappropriate,” Gravett wrote to AG Eby. “The viewing platform would not stand as a memorial to Mr. Laing or the values of a community, but as the neglect of our history and heritage and the disregard of a philanthropist’s wishes.”
The BC Association of Heritage Professionals has also written to the attorney general in opposition to the Town of Comox petition.
SUBSCRIBE TO OUR NEWSLETTER
The Mack Laing Trust: BC Supreme Court hears arguments in 40-year case
Mack Laing Heritage Society says the Town of Comox is in a rush to clean up a mess of its own making, while town and Attorney General lawyers call The Society’s evidence “irrelevant.”
The Week: Comox Council again cancels court dates to resolve Mack Laing obligation
The Comox Town Council has once again scheduled and canceled BC Supreme Court trial dates to resolve the Mack Laing Trust issue, revealing that it has no plan and, meanwhile, continues to hide its true intentions from the taxpaying public
Wildwood: A community model for creating jobs and revenue within ecological parameters
A small charitable society has restored a heritage home and property with the help of local government into a self-sustaining and job-creating destination for people from all over the world. It’s a possible model for Mack Laing’s property and home
BC heritage professionals lobby cabinet ministers to conserve Shakesides
The BC Association of Heritage Professionals warns provincial cabinet ministers of the serious precedent that could be set by varying Mack Laing’s trust agreement with the Town of Comox to preserve Shakesides
BC attorney general appears to argue both sides of cases similar to Mack Laing battle
In West Vancouver, BC attorney general sues a municipality for breach of trust. In the Town of Comox, the attorney general defends breaching Mack Laing’s trust. Is the agency’s perspective changing?
Harley-riding Hamilton Mack Laing fills the hall after 104 years
Comox legendary naturalist Hamilton Mack Laing’s account of his motorcycle ride from New York to the San Francisco World Exhibition of 1915 is now available in a new edition of his memoir
AG delays Shakesides court date by nearly five months
In a surprising new development, the BC Attorney General has requested a delay in the Supreme Court trial that will determine the fate of Shakesides, the heritage home of Comox pioneer Hamilton Mack Laing
Comox failed to consult with KFN over Mack Laing Park
Now that Chief Nicole Rempel has made it clear the Town of Comox failed to properly consult the K’omoks First Nations about plans to demolish Mack Laing’s heritage home, a serious question arises: With whom did town staff and council members consult?
Council vote sends Mack Laing Trust issue back to court
Comox Town Council voted 5-2 this week to continue designing a viewing platform to replace naturalist Mack Laing’s heritage home, rejecting any other proposals for the property, as it prepares to head back to the BC Supreme Court.
Town creates confusion, rift over Mack Laing process
The Town of Comox’s self-imposed period of reconsideration about the future of Mack Laing Park has created division not unity, and a growing rift on the issue among town councillors.
They call it a “trust” for a reason.
How can Comox councilors vote to override a trust? This isn’t an emergency — there is no pressing need to change anything.
Replacing a heritage structure with a viewing platform would be laughable if it weren’t so serious. What is astounding, after all that has transpired, is that there are still councilors (and a mayor no less!) who insist on carrying on with this cynical charade.
Being wrong-headed is one thing but disregarding the terms of the trust violates the substance and spirit of the original agreement. Let’s respect Mack Laing’s wishes, honour the trust and dutifully stay the course.
They call it a “trust” for a reason.
How can Comox councilors vote to override a trust? This isn’t an emergency — there is no pressing need to change anything.
Replacing a heritage structure with a viewing platform would be laughable if it weren’t so serious. What is astounding, after all that has transpired, is that there are still councilors (and a mayor no less!) who insist on carrying on with this cynical charade.
Being wrong-headed is one thing but disregarding the terms of the trust violates the substance and spirit of the original agreement. Sacred once again takes a back seat to a quick knock-off (or such is the current plan). Why another viewing platform? Let’s respect Mack Laing’s wishes, honour the trust and dutifully stay the course.
At least AG Eby is an experienced lawyer. I’m slow to understand the process but it seems to me that he won’t have any say in the matter as it is before the courts. How he influences his department as a politician is also a mystery to me. And so it continues….. My taxes are paying for both sides of this argument. Pretty disappointing that it is taking so long and costing so much.
What exactly is Heritage BC? The website says: Established in 1981, Heritage BC is a charitable society serving individuals and corporate members with a shared interest in historic places and heritage conservation, and their benefits to the people of British Columbia.
Who is Paul Gravett? His website says: As a consultant, I enjoy the challenge of working with nonprofit performing arts organizations that seek change, transformation and revitalization.
I am motivated to help you reach your potential and achieve the success you desire. I work with you to solve problems, answer questions and build capacities, so that you achieve the delicate balance of mission, value-added initiatives, sound financial practice, governance, and community-centred operations.
Why do you so value what he has to say?? Was Heritage BC invited to take part or did they just horn into it.
If anyone, other than the city to whom the trust was left, has a presence in this it would be the Mack Laing Heritage Society. Local people supporting local heritage.
The Town of Comox needs to give their heads a shake..this is so deplorable what they are trying to do. This is definitely a dangerous precedent..if Comox Council gets away with demolishing the Mack Laing home. How many people, will subsequently no longer donate family property and homes if the intent of this Will is allowed to be changed? It must be respected and followed per the late Mack Laing’s wishes..not the temporary Town Council..and this is all they really are, and I could add a few names of what I think of this Council, as well! The late Mack Laing was a highly respected Naturalist..do not treat his legacy gift this way, please ~ really? a viewing platform..how does that respect his wishes in his Will? Thank you.