Some people in Salmon Arm have asked me to comment on the situation of the Smart Center coming to Salmon Arm and I believe my attempts to clarify my position have not been completely successful. I have decided to lay out what I see as the process. This involves many aspects and levels of government and what I believe my role would be at each step, if I were your MLA. I will go through the process in general but use the Salmon Arm Smart Center as my example.
I am pro business and development in general, but when an opportunity for new business presents itself to a community, I see 3 stages that must be gone through before it can become a reality.
- Democratic Decision:
Does the plan fit into the vision that the community has for itself? I affirm the community's right to self determination and would govern my actions with that foremost in mind. - Regulatory Approval:
Does the plan conform to all social regulations? I support the regulatory process to ensure that business is conducted in a responsible manner. - Legal Challenge
Does the plan negatively impact anyone who would contest it in court? I support the right of any individual or group to bring their case to court.
In general, at each of these stages, I would comport myself the following ways:
1) Democratic Decision:
In order to affirm the community's right to self determination, as an MLA I would not insert myself into a community's decision making process and indeed I believe that even if I live in that community, as I do in Salmon Arm, it would be wrong to use my provincial influence to attempt to direct the outcome of a community visioning process. I am pro business and will seek to bring business opportunities to the Shuswap but I would do so in accordance with the local community plans. If, as an MLA, I was able to encourage a specific business to come to a community in my riding, I would facilitate talks with the local government there to present the opportunity. I would then back out of the process until the community had decided if they wanted it or not. This is primarily why I have not given my opinion on the Smart Center, because I affirm the community's right to self determination.
There are a number of ways that we elicit input to the democratic process including public hearings, referendums and elections. In the Smart Center case, we did have a long set of hearings and we did have an election where the community voted for leaders that were clear on what they would do in this regard. The result is that the city of Salmon Arm has approved the Smart Center plan as fitting into the vision for the city. I support this decision 100% as a democratically arrived at local vision.
This brings us to the regulatory stage.
2) Regulatory Approval:
In this stage, I would support the regulatory process to ensure that business is conducted in a responsible manner. The plan is looked at to determine if it meets the broader regulations that we as a society have chosen to adhere to. This includes zoning, safety, environment, etc. and will likely hit on municipal, provincial and federal jurisdictions.
Regulations and assessments are a 2-way contract. They are a contract with the people of British Columbia that the government will manage their land responsibly. But they are also a contract with the businesses seeking to work here. They promise that if a business meets the standards then they will be allowed to operate within our province. If we do not honour this then no company would invest in BC. Why would they spend millions to meet our codes only to be told that the public doesn't like it so they can't continue. The average business spends 15% of the start up costs to get to the green light. That is a lot of money to risk without a concrete goal line. However, if the plan does not meet regulations, then it cannot continue until it is adjusted to do so, period.
As an MLA, I would work to ensure that the process was allowed to proceed without being unduly delayed and without unfair interference from either side to skew its outcome (both sides may have input but without interference). And I would uphold the outcome of a fair process, whatever decision was made. This is also why I would not give an opinion. I support the process and the decision it comes to. I would be more than happy to help in any way possible to find solutions, if a proposed plan could not met the regulations (i.e. find ways to adjust the plan, not ways to adjust the regulation), but in general, the process should be allowed to run its course.
In the case of the Smart Center, the process worked fairly smoothly. All assessment permissions, permits and zoning have been given with the only thing outstanding being a permit with the ministry of transportation for the design of the off ramp. I support this outcome 100% as showing that the Smart Center Plan is compliant with the regulations in our community, province and country and should therefore be allowed to move to the next stage.
3) Legal Challenge:
In order to support of the right of any individual or group to bring their case to court, once a plan is in place and the regulations have been met, I would not stand in the way of any legal action. Individuals or groups that believe that the proposal will negatively impact them in some way have a right to seek legal recourse. If there was an opportunity to negotiate an out-of-court settlement of any issues, I would aid that any way I could, but if that is not forthcoming, I would wait on the legal process to run its course and uphold its ruling.
This kind of action generally arises near the end of the regulatory process because it is not relevant if the project is re-directed during that process. As frustrating as this is in the delays and costs that it entails, we are a people that govern ourselves by the rule of law and that is more important than any given business opportunity.
As an MLA, again, I would not insert myself into a legal case once it has begun, though if I had relevant information and was called on to participate I would do so within those limits. It is up to the courts to listen to the evidence and decide what the correct outcome should be. A legal challenge may be used by those who do not like the decision made in the regulatory stage. They may argue, for example, that the environment will indeed be damaged. That is their right, although they would have to prove that there was some reason to disbelieve the results of the assessment process.
Currently, the Smart Center is in this stage and as an MLA I would not interfere with the due process of law. If the courts uphold the findings to date, I will be among the first to welcome the Smart Center to Salmon Arm. If the courts find that the Neskonlith band has or will suffer harm, then I hope, as I would for all such cases, that a workable solution can be arrived at. I trust that the Smart Center, which the City of Salmon Arm has said they want and the Regulatory process has affirmed, will be able to move forward soon, in a way that upholds the final decision that the courts will make.
Summary
I believe that the principles I have outlined here are integral to how an MLA should comport themselve and I will strive to act in this way on behalf of the people of the Shuswap.
- Affirming the communities self determination without influencing the direction it takes.
- Upholding our regulatory process for the protection of our land and the encouragement of investment and development.
- Upholding our legal system and courts so that all people have access to justice.
