Garibaldi Park 2020 letter to Honourable Steve Thomson, Minister of Forests, Lands and Natural Resource Operations on private vehicle access along the public road to the designated parking lot at Singing Pass trail head, vicinity of Harmony Creek adjacent Garibaldi Provincial Park boundary at Fitzsimmons Creek. Response from Mr. Norman Lee, Executive Director, Mountain Resorts Branch with assigned reference no. 224595.

August 9, 2016

The Honourable Steve Thomson
Minister of Forests, Lands and Natural Resource Operations
Room 248, Parliament Buildings
Victoria, BC
V8V 1X4

Dear Minister,

Re: Public vehicle access to designated parking lot at Singing Pass trail head, vicinity of Harmony Creek adjacent Garibaldi Provincial Park boundary at Fitzsimmons Creek

I represent a group of concerned Garibaldi Park users in the organization Garibaldi Park 2020. I wrote to you on April 21st this year regarding the legal obligation imposed on Whistler Blackcomb under its Master Development Agreement with the Province to maintain the public road and parking lot up Fitzsimmons Creek to the long standing Singing Pass trail head. The trail head is approximately five kilometers up Fitzsimmons Creek from the village of Whistler, in the vicinity of Harmony Creek adjacent to the Garibaldi Provincial Park boundary. I received a reply by email to my letter from Mr. Jim Standen, Assistant Deputy Minister, BC Parks and Conservation Officer Service Division under reference no. 298622. Attached to Mr. Standen's email message was a document titled Singing Pass Trail Backgrounder also dated April 21st, 2016. It is my understanding the backgrounder document was prepared by Ms. Tori Meeks, Acting Senior Manager, Major Projects of the Mountain Resorts Branch.

The backgrounder document references articles 7.02 (n) and 17 and Schedule A from the 1982 Whistler Master Development Agreement (MDA). I am pleased that Mountain Resorts Branch and Whistler Blackcomb are still using the 1982 MDA as the guiding legal document.

Schedule A map page 1 shows Singing Pass trail head ("hiking trail") as originating from the "parking lot" in the location five kilometers up Fitzsimmons Creek as I have described above. Schedule A map page 2 shows the Fitzsimmons Creek road as "20 meter public access road" and as "20 meter park access right of way".

Article 14.06 of the 1982 MDA states,

14.06 An instrument conveying Crown Land to Whistler under this Article shall
(a) except and reserve the rights, titles, interests and privileges referred to in section 47 of the Land Act;
(b) be subject to
    (i) any conditional or final water licence... the Water Act...
    (ii) the rights under the Mineral Act...  
    (iii) the rights of holders or owners under... the Petroleum and Natural Gas Act, ...
    (iv) any statutory right-of-way that burdens the Crown Land.

It is our opinion that Fitzsimmons Creek road is such a statutory right-of-way. Under the Land Title Act, the public are the dominant tenement and Whistler Blackcomb are the servient tenement.

What this means is that Whistler Blackcomb is in violation of the Land Act as it is restricting public vehicle access up Fitzsimmons Creek. Moreover, Whistler Blackcomb is failing to live up to its responsibility under the 1982 MDA to restore and maintain the Fitzsimmons Creek road and parking lot.

I am requesting that you immediately instruct Whistler Blackcomb to comply with its legal obligations under the Land Act and the master development agreement. Restore and maintain the public road and facilitate public vehicle access and parking at the trail head.

Sincerely yours,

[name withheld], Garibaldi Park 2020 co-founder

Response from Mr. Norman Lee with assigned reference no. 224595

September 30, 2017

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