How it took a Federal Compliance Order to Force Mayor Brian Wiese and the Town of Qualicum Beach to Respect the Law and our Wildlife
The “Holyake Clearcut” was a pivotal event that started in January 2020, when concerned citizens watched in horror as the Town of Qualicum Beach destroyed the habitat of a Great Blue Heron Colony--a sensitive species that is considered at-risk and protected by law. But what happened next was a catalyst that created a new generation of “activists”, as they watched their beloved Town engage in activity that certainly seemed to contravene Federal and Provincial law. It is thanks to the efforts of those citizens--working in collaboration with the provincial & federal government--that saved this heron colony.
“The greatness of a nation and its moral progress can be judged by the way in which its animals are treated. I hold that the more helpless a creature, the more entitled it is to protection by man from the cruelty of man.” Mahatma Gandhi
From information provided to us by a citizen who made a request under the BC FOIPPA Act, we have reconstructed a timeline of what occurred. In what appears to be a hell-bent effort to reach a grant deadline, the Town relentlessly pursued construction activities in contradiction to citizens’ wishes, their own experts, the provincial government and wildlife protection laws. After numerous instructions, recommendations and pleas that fell to deaf ears, Mayor Brian Wiese began to lead the charge with a folly of a plan concocted to meet a deadline at any cost.
We have received a copy of a draft Federal Compliance Order that was sent to the mayor, and mentions him by name. Since the Director of Engineering made reference to the same order imposed on him during an April 22nd meeting, we can only assume the final one was issued days later to these two men (and our town).
Why does it take an order from the Federal government to make our Town follow the law? Is this what Qualicum Beach is? What happened to the Town we all fell in love with? What must we do to restore Qualicum Beach to the amazing town that use to reflect our sustainable vision and love for our environment?
August 19th, 2020 Update: An additional FOI has produced the final federal compliance order. While the recipients are redacted, the mayor is named on page 2.
Bicycle Plan
Qualicum Beach endorses report that recommends 3 meter wide trails to support 35 km/h cycling speeds
School Connector Plan
The Town begins planning a multi-use trail but the route is not finalized for years
Councillor Westbroek & The Heron
At some point, Teunis Westbroek moves close to the heron; a family member tells us of how aware they became of the heron rookery on Hoylake for years. We have found no records of Westbroek advocating for the Heron
Heron became part of QBES outdoor education
The Heron colony would be visited by classes during the spring and the colony became well-known inside and outside of Qualicum Beach
Grant Awarded for Multi-Use Trail
Qualicum Beach is awarded a grant for a trail few want and need. This work must be complete March 31st, 2020 or the grant will be lost, creating pressure on the construction timeline.
2019Council Passes Walkthrough Motion
The Council and the public are to be invited to preview the proposed work. If it could ever have been stopped, it would have happened on this tour.
Town Records Indicate Heron Nests Located
A report indicates that inactive nests were seen during some type of activity. The Town (and Councillor Westbroek) had early knowledge of this delicate habitat of the at-risk species.
Work Begins Before Tour
While chasing a grant deadline--under the pressure of timelines--the Town issues a notice to proceed. The council motion to walkthrough before the work becomes moot and chaos ensues. The Heron habitat is quickly deforested, exposing their nests to sounds and predators.
Citizens Plea for Caution
Phonecalls and letters flood the Town for the next few weeks, raising objections to the clear-cutting and pleaing for care around the Heron colony, which is protected by both Provincial and Federal Wildlife Law
First Environmental Report Conducted
For a project through a fish-bearing riparian zone and an Ecological DPA, Qualicum Beach provided only a single environmental report conducted after much of the deforestation occurred.
Terrawest clearly identified the legal protections of the Great Blue Heron and made clear recommendations to the Town to cease activity should the nests become active for breeding.
The Replanting Myth is Born
Responding to complaints at a Council meeting, Mayor Brian Wiese and Council promise to replant the heron habitat. The design of this trail has always needed to adhere to the 2009 Rail-with-Trail Guideline, which prohibits planting of trees within a large buffer. Promises to engage in the prohibited replanting of trees continue to be delivered to citizens for months to come
Citizens Defend the Heron
As concerns mount over the Town's continued activity, BC RAPP (Report a Poacher or Polluter) reports begin to accumulate with the FLNR (Ministry of Forests, Lands and Natural Resources). The Federal Government is also made aware of the increasingly precarious situation.
BC FLNR Begins Talks with the Town
The provincial government begins to assess the situation and make specific suggestions for limiting the activity
Heron Nest Becomes Active and Town is Advised of Guidelines
As the Heron begin nesting, major disturbances are observed. The Town's own experts advise them of the law and make recommendations to stop disturbing activity. This is when trail construction should have stopped.
Province Recommends 260 Meter Buffer
A 60 meter "no disturbance" and an additional 200 meter "quiet" buffer are recommended by the province, which would essentially stop all trail construction. Continued activity would likely contravene the BC Wildlife Act Section 34
Staff Appears to Apologize to Province for Residents' Behavior
Residents appear to be a nuisance to the Town for defending wildlife and the law
Provincial Recommendations are Defied
While a 60 meter buffer zone is flagged, major distrubances occur on the other side. The Town seems to signal--ambiguously--to the Province that it is following the recommendations.
The Town Signals Cooperation
The Town's CAO talks about a shutdown in the PQBNews. In June, the Town continues to push the "cooperation" narrative on Facebook. The work was ongoing, as indicated in the picture taken on March 16th, 2020
Mayor Brian Wiese Formulates a Plan
The mayor organizes a call with the province with the intent to continue the activity, which has been cited by the Town's own experts as causing "major distubance" and flushing of the heron (refer to February 28th, 2020 report from D. Nickel of Terrawest). The Province did not agree with the Mayor Brian Wiese's plan or his characterization of the heron's behavior.
Provincial Conservation Officers Shut Down Construction
The relentless construction activities outside the Province's recommendations are finally brought to a grinding halt, after the Mayor's plans take a nosedive.
Federal Government Sends Mayor Brian Wiese a Compliance Order
In order to stop the Mayor and the Town of Qualicum Beach from contravening Federal and Provincial Law, Environment Canada issued a Federal Compliance Order. The draft named both the Mayor and the Director of Engineering individually, as well as the Town. Is Qualicum Beach now a known Poacher and Polluter? Has our Town ever disrespected the law so much that a Compliance Order was necessary?
Heron Colony Thrives in Absence of Disturbance
As the activity stopped, the colony showed renewed signs of life, and each nest looked to be successful in the coming weeks. The suggested "foraging" pattern (heron leaving during construction hours) was no longer observed by residents.