The Mack Laing Trust: BC Supreme Court hears arguments in 40-year case

The Mack Laing Trust: BC Supreme Court hears arguments in 40-year case

Hamilton Mack Laing tends trees in his Nut Farm above Comox Bay in the early to mid 1900s

The Mack Laing Trust: BC Supreme Court hears arguments in 40-year case

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The 40-year saga of an internationally famous naturalist and Comox Valley pioneer who left his waterfront property, possessions and money to the Town of Comox finally made it to the BC Supreme Court recently, where lawyers argued the legal technicalities of his Trust Agreement and his Last Will and Testament.

The the three-day proceedings in Courtroom 200 at the Courtenay Courthouse with Justice Jennifer A. Power presiding provided a stark contrast to the rich history and universal respect for the man, Hamilton Mack Laing, and his passion for the natural world and the biodiversity he found in the early 1920s along Comox Bay.

Instead, a lawyer for the Town of Comox and another for the BC Attorney General speculated on a broader meaning of certain words used in the Trust Agreement and other documents. They cited statues in municipal governance and jurisprudence that didn’t exist in 1973 when Mack Laing started making his gifts to the town or even in 1981 when he wrote his last wishes before he died in early 1982.

The lawyers hoped to convince Justice Power that despite misappropriating Laing’s money and misleading past council members, the Town of Comox should be allowed to demolish the man’s heritage home, Shakesides, and use his money for purposes that Laing had not explicitly envisioned.

They also spent a large portion of their time before Justice Power arguing that she should ignore most of the hundreds of pages of evidence and documentation submitted by the Mack Laing Heritage Society (The Society), an intervenor in this case, because they are “not relevant” to section 184 of the 2003 BC Community Charter.

They dismissed the numerous affidavits provided by The Society as “opinion and hearsay” that purport to describe Laing’s importance to the town’s history and the field of natural history generally and to prove that the terms of his gifts were crystal clear.

But something was missing in this cold, binary courtroom summarization of the legal fine points, which the lawyers so aptly boiled down to what was documented or not and which words were precise or vague and whether agreements made between 1973 and 1981 do or do not comport with a 2003 law. Absent from the discussion, except when The Society’s lawyer took the podium, was the context of the social-political-bureaucratic environment during which this 40-year travesty took place.

The Society’s lawyer did his best to paint that bigger picture. The Society believes that Justice Power, and anyone else masochistic enough to read through the mountain of public filings in this case, will discover the struggles of a lone female advocate for Laing’s wishes, the pursuit of personal agendas, the political strategies that were afoot and the unsavory means used to achieve them.

The Society believes Justice Power will learn that Laing was a good-hearted man, albeit naive about fickle town councils, who wanted his life’s achievements to live on and educate those who came after him and that the intention for his gifts to the people of Comox were clear and indisputable.

The Society’s lawyer said the Town of Comox had made its own mess and was now in a rush to clean it up. But, he argued, there is no good reason why, after 40 years, the town can’t wait for a thorough accounting of how much money should be in the Trust Fund and for an independent assessment of Shakesides’ viability by heritage building professionals.

After hearing from the town, the Attorney General and The Society, Justice Power gave no immediate ruling. Her decisions in this case could take weeks.

The Mack Laing saga is ultimately a story of how clever people can obfuscate the big picture using the detachment of legal proceedings and try to rewrite history to serve a modern agenda. It’s a cautionary tale about how municipal staff can lead a town council down an ethically wrong path and how a majority of them willingly follow it.

The case puts an exclamation point on the importance of electing mayors and council members who believe in playing by the rules. In other words, serious public servants who are determined to fully understand the issues before them and who refuse to take the lazy route of blindly accepting staff recommendations.

But that’s just our opinion.

What follows now is a brief summary of the arguments heard by Justice Power.

 

WHAT THE TOWN AND ATTORNEY GENERAL SAID

The BC Attorney General, represented by Sointula Kirkpatrick, and the Town represented by Mike Moll, argued that Laing had made two separate trusts. In the first one in 1973, the Park Trust, Laing gifted his property including the Shakesides house. In the second in 1981 via his Last Will and Testament, the Trust, Laing left the residue of his estate – money and possessions – to the town.

The lawyers said only the 1981 trust was before the court. That argument, if accepted by Justice Power, means that the Shakesides house was given to the town without conditions in the earlier Parks Trust and was the town’s property to do with as it pleased. The only issue before the court was whether the later Trust funds could be spent to construct a viewing platform.

“It has been 40 years since he made his bequest. Shakesides was never suitable to be a museum and the Trust Funds were and are not sufficient to make it one,” Kirkpatrick told the court.

She said further that “most of The Society’s evidence is not relevant to this court’s determination under Section 184 of the Community Charter.” And she went on to argue details of general trust law principles.

At that point, Justice Power stopped the proceedings to address the gallery, comprising only members of The Society. Justice Power said that despite the AG lawyer’s opinion of The Society’s evidence, only she would determine its relevance.

In regards to the comprehensive plan prepared by The Society and two dozen community volunteers to restore Shakesides and convert it to a natural history museum, Kirkpatrick said their proposal was “beyond the scope of this proceeding and has no basis in law.”

She concluded that the town’s proposal to construct a “Nature Park Platform can accommodate the K‘omoks First Nations’ concern about disturbance to the Great Comox Midden on which Shakesides is located, without further delay or unnecessary litigation.”

She said Mack Laing’s charitable intentions should be carried out through the building of the platform and she asked the court to “grant the variation sought on the conditions proposed by the Attorney General and to which the Town agrees.”

The town’s lawyer, Mike Moll said, “The Town is applying to vary the Trust because the Town’s Council now considers the terms of the Trust to no longer be in the best interests of the Town. The Town says that the Nature Park Platform containing natural history education panels will better further both the intention of the will-maker and the best interests of the Town.’

 

WHAT THE SOCIETY SAID

The Mack Laing Heritage Society, represented by Kevin Simonett of Campbell River, argued that “In breaching its obligations as trustee and allowing waste and neglect of the culturally valuable and irreplaceable trust object (Shakesides), Comox has manufactured the very crisis it now claims as justification to vary the trust.

“Comox does not come before the court with clean hands and is the author of a delay of several decades.”

Simonett went to say that after 40 years of the town’s financial mismanagement and dereliction of trustee obligations and fiduciary duty – “to which Comox has essentially admitted” – a forensic accounting of the trust funds and an independent assessment is required to ascertain the true financial health and structural integrity of Shakesides.

“Comox offers no explanation as to why they cannot wait for such forensic auditing
and physical inspection to be completed. Instead, they insist on immediate
demolition of a culturally valuable and historic home to be replaced with little more than a concrete slab,” he told the court.

Simonett argued that the town’s conclusion that Shakesides is unsuitable for use as a museum was “a foregone conclusion.” Since the town received Laing’s gifts, “the town has selectively sought out informal information tending to confirm that conclusion, rather than carrying out proper due diligence and obtaining expert opinions.”

He detailed how a town executive ignored the misspending of Laing’s money, stacked an advisory committee to get the result he wanted and then misled council members to make decisions based on a non-existent Park Plan and a flawed process designed to achieve personal and political purposes.

He argued that there was only one trust, not two, which Laing continued to amend through the period from 1973 to 1981.

“By way of gift in his last will and testament, the (Laing) carried out the Settlement upon the Park Trust; his intent was to add the residue of his estate to the trust corpus established under the Park Trust, on the terms set out in the instrument of gift. The Town in its capacity as Trustee had notice of these terms, and indeed had a hand in negotiating them, and accepted these terms when it accepted the funds forming the Settlement upon the Park Trust,” Simonett said.

Simonett told Justice Power that the town and the AG have provided evidence, “only on the putative cost-effectiveness of varying the Park Trust to remove Shakesides, and none as to the superiority per se of the viewing platform. It is the Intervenor’s position that the relative cost-effectiveness of the competing visions for Mack Laing Park has not been determined, due to the protracted intransigence of the town.”

 

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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?

Mack Laing goes to court today and, have spies infiltrated local government?

Mack Laing goes to court today and, have spies infiltrated local government?

Hamilton Mack Laing, a man who gave his house, property, many possessions and money to the Town of Comox, who took it and then snubbed him.

Mack Laing goes to court today and, have spies infiltrated local government?

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It’s a shame the Town of Comox waited almost four years before finally taking their petition back to the BC Supreme Court today (Wednesday, Sept. 7) to vary the town’s trust agreement with Hamilton Mack Laing to tear down his heritage house and spend the money he gifted for purposes other than his original intentions.

The Town Council could have collaborated to find a win-win with the Mack Laing Heritage Society and those community members who have volunteered to preserve some form of the house, called Shakesides. Instead, the Town Council stopped listening.

And they also stopped going to court for the permissions they need.

The court dates this week fall just 37 days before the 2022 municipal election, making it unlikely the Justice hearing arguments will rule before voters go to the polls. Win or lose, we would have preferred that those incumbents seeking reelection had to account for their voting record on this issue.

As an intervenor, the Mack Laing Heritage Society has asked the court in public filings to dismiss the town’s application to vary the trust, and instead order a forensic accounting of the Trust Fund, an independent assessment of the viability of the Shakesides structure and to direct the town to include the rental income it derived from Shakesides into the trust fund or a related separate fund.

“In breaching its obligations as trustee and allowing waste and neglect of the culturally valuable and irreplaceable trust object (Shakesides), Comox has manufactured the very crisis it now claims as justification to vary the trust; Comox does not come before the court with clean hands and is the author of a delay of several decades,” the society says in its written submission.

The society goes on to assert that the town has “willfully ignored all evidence, offers of assistance and reports that do not contemplate the demolition of Shakesides, or that require a proper accounting of the Trust Fund.”

If the court agrees with the MLHS and orders an accounting and structural assessment before ruling on the town’s application, it could be another year before the matter is finally settled.

Of course, the Town of Comox has had about 40 years to atone for their neglect, so what’s another dozen months?

What’s important for this election is that only one incumbent candidate in the race for Town Council, Nicole Minions, had the ethical integrity to vote against proceeding with this petition and for continued collaboration. Stephanie McGown voted with Minions, but she is not likely to seek office in Comox this year.

Jonathan Kerr no doubt would have joined those two in doing the right thing, but he only joined the council nine months ago.

Stay tuned, as Decafnation will file additional reports on the court case later in the week.

 

Candidates coming out of the woodwork

Former Courtenay mayor Starr Winchester has filed again for City Council, and so has Deana Simkin. They both ran in 2018 and missed the cut by about 10 percent. Brennan Day, who failed to get elected provincially, is now trying local government again. He fell short by nearly seven percent of the vote last time. Nobody has filed for mayor except perennial candidate Erik Eriksson.

Incumbent Arzeena Hamir will have at least two challengers in Area B, Richard Hardy and Keith Stevens. And Tamara Meggitt will challenge incumbent Daniel Arbour in Area A.

Big news, Don Davis has filed again in Comox, as he has every election since, well, forever.

Bad news, Courtenay resident Peter Gibson has filed in Comox. The last time a Courtenay resident filed in Comox, to our knowledge, was when former Comox councillor Tom Grant moved to Crown Isle and tried to keep a seat in Comox. That ended badly as it should have and as it should again.

 

American political creep

The four or five people who are behind the vacuous website, Comox Valley Mainstream, are either rebranding themselves or they’ve gained partners.

A new anonymous website has cropped up called Take Back Comox Valley. Take back from whom, we wonder? The people who built a plant so we wouldn’t have regular boil water advisories? The people who have kept governments going during the pandemic and kept taxes reasonable while doing it?

The people who have taken the backroom dealing out of local politics and put their work transparently into formal policies to deal fairly and consistently with everyone concerned?

It seems these folks are dragging a little right-wing conspiracy tendency across the southern border. Even their name sounds a little like Make America Great Again.

Based on their website, the Taker Backers are going after some group they won’t name that wants to “to stop the expansion of our business community, disrupt our industries, and defund our police.” Holy Moly, who are those evil people?

Frankly, I haven’t heard anybody around here calling to defund the police. Anyway, wouldn’t that be the RCMP? Good luck with that.

And what industry is being disrupted? Even if we stop cutting old-growth timber, the logging industry will remain robust. The Alberta oil industry? Whether the Comox Valley allows 1,000 new gas stations or zero, it won’t send chills down anybody’s spine in Calgary.

But, these concerned citizens claim a righteous fight, “to keep American money and foreign activists out of our local politics.” That’s right, American billionaires are so concerned with issues like garbage and kitchen waste pickup in the rural areas that they are paying undocumented secret agents to infiltrate our local governments.

Sorry, Taker Backers. When you try to get QAnon-style conspiracy thinking going outside the American South, it just doesn’t roll so easily as it does in Alabama.

 

Heads in the sand

There is always a small element of the public that wants our municipal councillors to do nothing more than fill potholes and make the toilets flush. They may be the same people that want schools to do no more than teach students to read, write and add numbers.

The basics are important in every aspect of life but don’t people want, even demand a quality of life that goes far beyond that? Where would we be without music and art in our lives? Without hobbies? Parks and trails? Access to all the things that people are passionate about? Visionary thinking?

Those aren’t the basics, but they enrich our basic lives and in the Comox Valley it may be the single most common reason that people live here.

Councillors who only think about sewers and potholes won’t lead us toward a more vibrant, interesting and rewarding community. Such stunted thinking will do the opposite. And who wants to live in a town without any charm or soul?

 

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“Liberal Rush” tricked voters in NDP ridings and exposed an electoral system flaw

Despite the positive big picture outcome, this election exposed a glaring vulnerability within our electoral system. And that vulnerability caused otherwise smart people to forget how our Canadian parliamentary system actually works. Namely: We do not have a proportional representation form of government. But there is a simple solution.

Greens dropped ridings to avoid vote splitting … ???

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Comox Valley local government elections ramping up for Oct. 15 vote

Comox Valley local government elections ramping up for Oct. 15 vote

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Comox Valley local government elections ramping up for Oct. 15 vote

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In just 49 days, Comox Valley voters will decide who they want to form our local governments. At stake are seats on four municipal councils, three rural electoral areas, the school board and Island Trust representation for Denman and Hornby islands.

The official “nomination period” for candidates to declare their intention to seek public office starts Tuesday, Aug. 30 and closes on Friday, Sept. 9. That leaves about five weeks for the campaign because Election Day is on Saturday, Oct. 15, although there will be advance voting days.

General election advertising rules have already come into effect on July 18 and will extend through Election Day. The regulations governing candidate and third-party spending limits start on Sept. 17.

So, in just a few weeks, the public will know who’s running for what. But why they are running, well, that’s something else. You’ll get the usual candidate statements published in the local media that are carefully crafted to hit all the right notes without revealing the authors’ true voices.

We’ve decided to revive a version of Decafnation for the next couple of months to shine a little extra light on some of the candidates so that at least readers of this website will have some deeper insight into who they’re voting for.

We won’t be doing long investigative pieces, although we will interview some candidates. In the main, we’ll provide commentary on the issues and where candidates actually stand on them and, later on, provide our endorsements.

 

WHO WE THINK IS RUNNING

Many incumbent candidates and a few new challengers have already announced that they will seek re-election.

For the Courtenay City Council, we believe David Frisch, Wendy Morin, Melanie McCallum, Doug Hillian, Will Cole-Hamilton and Mano Theos are running. Newcomers Evan Jolicoeur and Michael Gilbert hope to get one of the six council seats. Brennan Day is also running again, he ran unsuccessfully in 2018 and also for MLA as a BC Liberal Party candidate in the last provincial election.

Former city council member Erik Eriksson plans to make another bid for Courtenay Mayor, opposing incumbent Bob Wells.

In Comox, Nicole Minions, Alex Bissinger and Jonathan Kerr will most likely seek re-election. Incumbent Stephanie McGowan’s family has moved to a Courtenay address, although that doesn’t prohibit her from running for a Comox Council seat. We’ve heard that Jenn Meilleur may run for council.

We expect the three Electoral Area seats on the Comox Valley Regional District board to receive some extra attention this year, but all we know at the moment is that incumbents Daniel Arbour (Area A) and Arzeena Hamir (Area B) are running again and that it’s likely Edwin Grieve (Area C) will also seek another term.

And incumbent Cumberland Mayor Leslie Baird says she’ll seek a fourth term leading the Village Council. At the end of the current term, she will have logged 32 years of continuous service in public office. It’s possible Baird will have a serious opponent this time if you believe the rumour that incumbent councillor Vicky Brown is leaning toward a run at the mayor’s chair.

And, finally, we’d be surprised if Jesse Ketler doesn’t run again for Cumberland Council and possibly return as chair of the CVRD, where she’s been a neutral force between the warring Comox and Courtenay representatives.

 

ISSUES IN THE 2022 ELECTIONS

Some of the issues most likely to emerge from the candidates during the 2022 local government campaign haven’t changed from 2018: housing affordability, access to green space, the livability of our valley and issues around local employment.

Some of the issues from 2018 have been resolved. Courtenay adopted a new Official Community Plan. The regional district won its battles with 3L Developments over violating the Regional Growth Strategy and finally, thankfully, disbanded the Economic Development Society.

But some issues still linger, chief among those would be the fate of Shakesides, the historic home of Hamilton Mack Laing. The Town of Comox has dragged its feet – and broken an ethical and fiduciary trust – on resolving this issue for the past 40 years, but never so disappointingly as during the last four.

All the incumbents pledged during the 2018 campaign to resolve the Shakesides issue (except Jonathan Kerr, who was only elected in the 2021 by-election). But they haven’t, despite Mayor Russ Arnott’s fury in 2019 to get the building torn down.

And there are big new issues waiting for the next local government officials. At the top of that list is a required review of the Regional Growth Strategy, which will be followed by an update to the Rural Comox Valley Official Community Plan. Myriad contentious issues live within those few words and we have no doubt that the 2022 election campaigns will only be the start of the debate.

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Comox Valley local government elections ramping up for Oct. 15 vote

Comox Valley voters will elect new councilors, mayors, regional district representatives, school board members and Island Trust reps on Oct. 15. Find out who’s running for what … and why. Decafnation returns to shine more light on local government issues and candidates

The Week: We focus on how our money is spent and Wildwood: a model for Shakesides

The Week: We focus on how our money is spent and Wildwood: a model for Shakesides

A new study shows when nobody is watching, the cost of government goes up  |  Photo by Thomas Charters, Unsplash

The Week: We focus on how our money is spent and Wildwood: a model for Shakesides

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Decafnation has always given a special focus on coverage of local government in order to keep elected officials and the staff they direct accountable to the public. Because a democracy works best in broad daylight and part of our mission is to make sure the sun is always shining.

Filling out our local government satisfaction survey is one way for you to help. Another way is to read the story and browse the charts we published this week about municipal finances.

Our goal was to present some key information in an easy-to-find format. We waded through hundreds of pages of Annual Reports and Statements of Financial Information so you wouldn’t have to.

Have you taken five minutes to fill out our Local Government Performance Review? Why not do it right now?

We’ll update these charts and republish them as soon as the 2020 information becomes available later this year. In the meantime, we’re going to improve the charts with some suggestions from readers. 

You don’t have to be a numbers-nerd to take an interest in municipal finances. You just have to care how your tax money is being spent.

 

An interesting study showed that when a local newspaper closes, the cost of government increases. A professor of finance at Notre Dame’s Mendoza College of Business researched whether there was a direct line between “the loss of watchful eyes of local newspapers” and a decline in government efficiency.

You can read the study here, but here’s a spoiler alert: when nobody’s watching the cost of government goes up.

 

The story of the preservation and restoration of Merv Wilkinson’s Wildwood property by a small charitable society provides an excellent model for the Town of Comox. It shows how, with local government and community support, volunteers can turn something that was left to deteriorate into a bright community asset.

The small Victoria-based Ecoforestry Institute Society restoration of Wildwood’s abandoned forest acreage and homestead was achieved by a group of people who refused to let Wilkinson’s legacy die. They fought for the property and won a court victory.

With a strong business plan, they marshalled volunteers willing to do hands-on work and attracted donations, grants and support from the Regional District of Nanaimo. And through their passion, they delivered a success.

The small Mack Laing Heritage Society faces similar obstacles: a property abandoned and in disrepair and a legal battle. But they too have refused to let Laing’s legacy die. They too have a business plan, public support and a long list of volunteers ready to transform Shakesides into Laing’s vision.

What the Laing society doesn’t have is local government support. In fact, local government is their main obstacle.

The Town of Comox long ago turned its back on Mack Laing, misused his financial generosity and ignored his important place in Comox history. And now the current Comox Councillors want to drive the final stake through Laing’s memory.

But an open-minded examination of the Wildwood model for success could lead to a more positive outcome because Wildwood answers a key question that has plagued some Comox Councillors: how to fulfil Mack Laing’s Trust Agreement in a self-sustaining way.

Wildwood does more than pay for itself and the society’s $450,000 mortgage. It funnels money back into the economy of the Regional District of Nanaimo. It creates jobs and adds an internationally popular tourist destination to the Nanaimo-Ladysmith area’s list of popular attractions.

People come to tour Wildwood’s sustainable forest and to enjoy a stay in an environment far away from their urban daily lives. People would come to tour Mack Laing’s little sanctuary for birds, trails, Brooklyn Creek and Comox Bay and for overnight respites surrounded by nature.

 

It’s an interesting aside that when the tiny Ecoforestry Institute Society plunged into a legal battle to win control of Wildwood, they turned to Victoria Lawyer Patrick Canning. So, it’s not a coincidence that Canning is now working with the Mack Laing Heritage Society.

 

The old saying that “timing is everything” plays an important part in all of our lives and so it was for Mack Laing.

The Comox Valley Lands Trust didn’t exist in the late 1970s or even in 1982 when Laing died. If it had, he surely would have left his property with a covenant held by the Lands Trust to ensure his Trust Agreement was fulfilled.

Nor did Laing have knowledge of Trust Deeds, such as the Ecoforest Institute Society has on the Wildwood property. The Trust Deed ensures that Wildwood can never be sold to a private interest and it also defines the charitable purpose under which the property must be operated.

In other words, future Wildwood boards of directors cannot just decide to clear cut the whole thing and rake in the money. Wildwood must always be operated as an ecoforest, always within ecological boundaries.

Put in Shakesides’ terms, future councils could not have just decided to tear down his house and pour a concrete slab. Shakesides would have had to be always operated as the natural history museum that Laing envisioned.

 

The Comox Youth Climate Council has started a petition that urges local government to purchase the 3L Developments property in the Puntledge Triangle and for the City of Courtenay not to annex these lands. The petition states:

“This petition is a call to action to our elected leaders, from the CVRD and beyond, to refuse intimidation from 3L Developments or development proponents and to do the right thing to protect Stotan Falls in the long-term. We urge you to do your best to purchase the Puntledge Triangle lands and riverbed and to continue to create a network of regional parks along the Puntledge River. These purchases will contribute to increasing our social and recreational capital while also protecting our natural assets. Preserving nature not only offers many benefits to our health and wellbeing, but it also increases our resilience to climate change and prevents biodiversity loss.”

 

General Motors announced this week that it will no longer build gas-guzzlers after 2035. The company plans to be carbon-neutral in 20 years.

GM said in its announcement that, “The days of the internal combustion engine are numbered.”

The company will sell only vehicles that have zero tailpipe emissions starting in 15 years, a seismic shift by one of the world’s largest automakers that makes billions of dollars today from gas-guzzling pickup trucks and sport-utility vehicles.

Surely this will put pressure on automakers around the world to make similar commitments and embolden elected officials like Prime Minister Trudeau to push for even more aggressive policies to fight climate change: Read, abandon the TMX pipeline. 

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“Liberal Rush” tricked voters in NDP ridings and exposed an electoral system flaw

Despite the positive big picture outcome, this election exposed a glaring vulnerability within our electoral system. And that vulnerability caused otherwise smart people to forget how our Canadian parliamentary system actually works. Namely: We do not have a proportional representation form of government. But there is a simple solution.

Greens dropped ridings to avoid vote splitting … ???

Photo Caption hen the federal debate commission disinvited the Green Party from national debates, its leader, Jonathan Pedneault divulged an election strategy that evidently didn't make its way to North Island-Powell...

Wildwood: A community model for creating jobs and revenue within ecological parameters

Wildwood: A community model for creating jobs and revenue within ecological parameters

Photos of the homestead at Wildwood are courtesy of the EcoForestry Institute Society

Wildwood: A community model for creating jobs and revenue within ecological parameters

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In February of 2017, the former Comox Town Council voted to petition the BC Supreme Court to modify the Hamilton Mack Laing Trust established 39 years ago. The town’s intention was to demolish Laing’s heritage home, called Shakesides, and use the money he had bequeathed the Town of Comox for other purposes.

Although the town had done nothing to live up to the Trust Agreement for over four decades, the town now seemed anxious to get to court and proceed with its plan to replace Shakesides with a “viewing platform.”

But the Supreme Court disrupted those plans when it granted the Mack Laing Heritage Society intervenor status in the case, which would allow the society to present evidence opposed to the town’s petition.

Now, after spending more than $200,000 with a Vancouver law firm, the town appears to have abandoned its petition for unexplained reasons and has not announced any new approach to fulfilling its Trust Agreement.

But among the evidence the Mack Laing Heritage Society (MLHS) would have presented in court was a complete business plan for the restoration of Shakesides as a community project. The plan identified dozens of local businesses, tradespeople and volunteer citizens committed to providing labour, materials and donations.

The plan was “totally plausible” according to its chief architect Gord Olson, a member of the society, in part because other communities have successfully used similar plans to restore landmarks and heritage sites.

In fact, the Victoria Times-Colonist newspaper featured such a project in a three-page spread in its Saturday, Jan. 23, 2021 edition. Although larger in scale, the Wildwood forest and homestead located between Nanaimo and Ladysmith shows how a community project can create a self-sustaining job-creation destination.

 

RESTORATION OF WILDWOOD

Merv Wilkinson originally intended to farm the property he bought on Quennell Lake in 1938 and enrolled in farming classes at the University of British Columbia. But one of his professors urged Wilkinson to instead create a sustainable forest like the ones in the teacher’s Scandinavia homeland.

Over the next seven decades, Wilkinson managed a sustainable forest that today still includes old-growth trees. He selectively logged the property every five years for density, light and marketable species.

He also built a log house with stock from his property that burned down from a chimney fire. He rebuilt it again in 1965.

Wilkinson, who died in 2011 at age 97, eventually moved off the property. The Land Conservancy of BC took its management, but when the TLC proposed selling the property to a private interest, a registered charitable society went to court to keep Wilkinson’s legacy in the public domain.

The Ecoforestry Institute Society (EIS), founded in 1994 by several University of Victoria academics, eventually won a 2016 court battle to acquire the property and hold it in trust for the people of B.C.

Kathleen Code, the EIS vice-chair and communication director, told Decafnation that the society was aided by an Eco forestry Management Plan and a trust deed written by Dr. Donavon Waters, a well-known Canadian trust lawyer. The property now can never be sold to a private interest and must always be owned by a like-minded society.

But, she said, by then the homestead had fallen into serious disrepair. Wildlife and vegetation started to reclaim it back to nature, including a resident bat colony that was relocated to bat boxes.

So Code said the society created a plan to restore the homestead with the help of volunteers, community donations and financial support from the local government.

The result has been a total success, she says.

 

SELF-SUSTAINING AND POPULAR

“Wildwood is a job and revenue creator, all the while operating with its ecological parameters of the forest,” Code told Decafnation in a telephone conversation.

People come from all over the world to visit Wildwood. Some come for tours, some to see the fully-functioning forest and ecosystem, including old growth. There have been groups of Korean foresters, government ministers from Germany, delegations from Europe and more.

But some people come simply for a respite in nature. A top Holland travel agency for the well-heeled has added Wildwood to its list of recommended destinations.

“Some people come to see the famous pear tree in the orchard planted by Dr. Jane Goodall, one of Merv’s many famous friends from around the world,” she said.

Visitors can stay overnight in the log cabin homestead, which has a two-night minimum. Some guests have stayed for a week. The house sleeps 6 with 2.5 baths.

But Wildwood also rents the house for corporate retreats, weddings — one event involved more than 100 people — workshops and other functions.

Code told Decafnation that the facility is already fully-booked through mid-September of 2021.

“What a great job creator; it’s one of the new ways to develop revenue streams while keeping nature intact,” she said. “People today want an experience in their vacation, not just a destination. Vancouver Island can offer experiences in spades. We have nature at its best.”

 

JOB CREATOR

Kathleen Code’s own economic development background has helped make Wildwood a self-sustaining enterprise.

In its second full year, the property generated about $30,000 in revenue that along with continuing public donations and grants pays the society’s $450,000 mortgage, compensates the paid part-time education programmers and tour guides.

It also creates other jobs for cleaners, caterers, maintenance people, naturalists who design courses for school children and workshop facilitators for programs on bats, mushrooms, edible plant identification and health and wellness.

Code says that future building plans will require architects, engineers, construction workers and tradespeople. They also hope to add value-added products, employing artisans and woodworkers. She anticipates that these events will also help support musicians, photographers and artists.

“What a great job creator,” she said. “It’s one of the new ways to develop revenue streams while keeping nature intact.”

 

HOW THEY FINANCED IT

The Land Conservancy originally raised $1.1 million to own and steward Wildwood. Part of the funds came from Grace Wilkinson, the second wife of Merv Wilkinson, who owned three-quarters of the property at the time.

After the court victory in 2016, the Ecoforestry Institute Society paid $800,000 to acquire the property from the TLC. They relied on community donations, but the majority of the money was raised through a $450,000 mortgage provided by Vancity.

The Regional District of Nanaimo donated $150,000 and the society received a $65,000 grant from the BC Capital Gaming agency specifically for the homestead renovation.

The 14-month renovation to the building cost about $250,000. The society did its own general contracting and hired local tradespeople and purchased goods and services from local suppliers.

And volunteers donated extensive labour and materials.

The project managers scoured the island for vintage appropriate furnishings and helped repurpose and refit donations. Volunteers and EIS Board members did the interior design, dug trenches, stained woodwork, painted the bathtub and milled lumber for the bed platforms and decks.

The Homestead restoration required gutting the structure, then installing new electrical, water, heat, solar and septic systems, as well as new floors, plastered walls and new fixtures throughout.

 

WHO IS THE EIS?

Code says the EIS is a tiny society with a cohesive board that has diverse skills, including two registered foresters, economic development analyst, commercial and graphic designer, ethnobotanist, former city planner and an Indigenous liaison.

The EIS headquarters is at Wildwood although volunteer board members come from all over Vancouver Island, including current co-chair Peter Jungwirth, forester, who resides in the Comox Valley.

Wildwood Vice-Chair Peter Jungwirth of the Comox Valley

Jungwirth emigrated from Austria in 1998 with his wife, Heidi, who was originally from the Comox Valley. They met in Austria while she was teaching at an international school.

Jungwirth met Wilkinson in 1997 when he and Heidi visited the area prior to moving here permanently and was “hooked” on Wilkinson’s ideas.

“Foresters are always looking for a better way to manage forests,” he told Decafnation. “And the concept of ecoforestry hooked me in.”

Jungwirth said, “Merv’s legacy is a beautiful forest which he managed for more than 60 years that still has plenty of old-growth trees and thus is a prime teaching and demonstration forest.”

He called Wildwood the biggest hope for change in forestry in BC and the world.

“There is so much more to a forest than timber. There is food, medicine, wildlife, all kinds of vegetation, clean water & air, climate moderation, carbon storage, recreation potential and more, but above all it is an intricate ecosystem that we ought to steward and not destroy, ” he said. “For Ecoforestry, a healthy forest with a functioning ecology is the bottom line, everything else you manage for needs to submit to that goal. That is quite a contrast to industrial clearcut logging.”

Jungwirth said that the forests in Austria are 80 percent privately owned, but forest legislation does not permit anything bigger than patch cuts. With so much publicly-owned forests in BC, you would think public interests like biodiversity conservation or carbon storage against climate warming would be reflected more in the management,” he said.

He visited the Carmannah Valley after it was mostly logged and wondered “why did they have to fight so hard to keep at least some of the magnificent Old Growth forest with the tallest Sitka spruce in the world?”

“Europe made these mistakes, they took it (old-growth) all, and now there’s so little left in the world,” he said. “BC is well on its way there, too.”

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A SIMILAR PLAN FOR MACK LAING’S HERITAGE HOME, SHAKESIDES

The Mack Laing Heritage Society has proposed a plan to restore the home famous Comox ornithologist Hamilton Mack Laing. You can read the plan here.

 

 

HOW THE ECOFORESTRY INSTITUTE SOCIETY FORMED

EIS grew out of a movement in the mid-1990s as a number of academics from the University of Victoria and local environmentalists sought a better way to manage our rapidly depleting ecosystems. Founders include well-known luminaries:

Dr. Alan Drengson (contributor to the deep ecology movement and UVic Emeritus Professor of Philosophy);

Dr. Duncan Taylor (contributor to the deep ecology movement and UVic Professor of Environmental Studies);

Dr. Nancy Turner (ethnobotanist and UVic Emeritus Professor); and

Sharon Chow (Sierra Club Director for 20 years).

Merv Wilkinson himself was to become a member and was later awarded for his pioneering work in ecoforestry with the Order of Canada and the Order of British Columbia. Learn more about Merv here.

 

 

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