Court dismisses Tsawwassen residents' appeal of power lines

Maureen Gulyas
Delta Optimist
April 14, 2007

Tsawwassen residents fighting a power lines project learned Friday the 13th that their legal appeal had been dismissed.

Residents believed the B.C. Court of Appeal was their last hope to get overturned a B.C. Utilities Commission decision to allow high voltage power lines to be strung overhead through residential neighbourhoods.

The three justices didn't comply. In fact, they took issue with Joe Arvay, the lawyer representing Tsawwassen Residents Against Higher Voltage Overhead Lines, and his approach to the question of whether the precautionary principle should be a matter of law inside the Utilities Commission Act.

In essence, the justices said the residents, instead of introducing points of law for them to consider, were asking the court to agree with them that the B.C. Utilities Commission decision was "patently unreasonable."

No matter the reasons, residents are devastated. "It's terrible. I don't know what we're going to do now," said Jack Bulloch. ""Tsawwassen will turn into a slum," he said, adding he will probably put his house up for sale.

BC Court of Appeal Judgement

2007 BCCA 211 Tsawwassen Residents Against Higher Voltage Overhead Lines Society v. British Columbia (Utilities Commission)

Residents of Tsawwassen and the Gulf Islands raised 21 issues before this Court to a decision of the B.C. Utilities Commission. That decision granted a certificate for the construction of overhead power lines of a greater velocity than those in existence.

Leave was given to bring two of those issues before a full division of the Court. Those being: "whether the existing right of way agreements permit the construction of new overhead transmission lines" and "whether the precautionary principle is a mandatory rule of construction of sections 25 and 45 of the Utilities Commission Act."

Held: appeal dismissed. The right of way issue, as noted by the Commission and as acknowledged by the residents, is a matter to be determined by a trial court. The precautionary principle issue was referred on the basis of an assertion that the Commission erred but the residents pursued the appeal, until the last minute, as a pursuit of declaration without reference to the case at bar. When they ultimately changed their position they alleged a "patently unreasonable decision" by the Commissioner, that was not the matter before the Court.

Island power project back on track

Richard Watts
Times Colonist
April 16, 2007

Victoria business is breathing a sigh of relief over an appeal court decision upholding earlier approvals for new electricity transmission lines to Vancouver Island.

The B.C. Court of Appeal dismissed an appeal launched by a group called Tsawwassen Residents Against High Voltage Overhead Lines that was objecting to an upgrading of the existing power transmission lines running from the Lower Mainland to the Island.

"We are very pleased," said Bruce Carter, CEO of the Greater Victoria Chamber of Commerce.

Carter said a secure power source is essential for business expansion in all fields, from high-tech to manufacturing. It is also integral to maintaining quality of life on Vancouver Island.

"We need to get [electricity] here and we need a secure power supply to keep the lights on on the Island," he said.

Carter noted 70 per cent of the electricity used on Vancouver Island comes from the mainland. He predicted the power issue is not over yet: Other lines may need upgrading and the existing grid needs to be improved.

The Tsawwassen residents' group, backed by some residents of the Gulf Islands, were objecting to an upgrade of the electrical transmission lines running overhead and under the sea.

The $250-million project, proposed by the B.C. Transmission Corp., the provincial Crown corporation responsible for the province's electrical grid, will see the 67 kilometres of electrical lines upgraded from a 138-kilovolt transmission line to a 230-kilovolt system.

The project was approved in July 2006 by the B.C. Utilities Commission and was granted a provincial Environmental Assessment Certificate this February, following a review by provincial and national agencies.

Jane Peverett, president and CEO of the British Columbia Transmission Corp, said work on the project has already begun, in areas not affected by the lawsuit.

Peverett said it should be completed by October 2008.

She said the corporation understands some people were concerned but everything was done to answer their fears.

"We were always confident of the work we have done."

B.C. Hydro, a separate corporate entity, is also pleased about the appeal court ruling.

"We are encouraged by the ruling because this means we can upgrade our infrastructure," said Elisha Moreno, speaking for B.C. Hydro.