Donnie Rosa donnie.rosa@vancouver.ca
8/2/2022 4:05 PM
Dear Ms Rosa, I am writing to follow-up on my [below] correspondence to the Crown in right of Canada.
As you will have read, the federal government plans, if it has not already done so, to issue a licence to the Squamish First Nation to use Vanier Park for an access road for the commercial real estate development known as Senakw. This is disclosed by the terms of the Municipal Services Agreement with the City of Vancouver for that development which has now been made public.
They propose to do so by licence, the form of which is appended to the Services Agreement ( the “Licence”).
The purpose of my demand was to notify all parties that the federal government as lessor under the Vanier Park Lease does not have the right to give the License as it is not authorized under the Vanier Park lease, as more fully detailed in my correspondence below. Any such license will be an unlawful derogation from the City’s rights under the Vanier Park lease and a breach of the lessee’s right of quiet possession under the lease.
At this point we ask that you advise whether Park Board has received notice that the Licence has been issued and if so provide me with a copy of the same.
I note that the legal duty of the Park Board is to protect City parks within its jurisdiction and therefor action is required by Park Board in response to the imminent threat to City rights in the Park.
I also note that the recent ground clearing activity in the park appears to be in breach of the lease (and possibly even the Licence if a development plan was not submitted in advance of the Work). Can you please advise what action is being taken by Park Board in that regard?
I look forward to your early response.
Best Regards,
Eve Munro
KET (KPRA Executive Team)