August 9, 2016

Research by the organization Garibaldi Park 2020 has found compelling evidence that Whistler Blackcomb is in violation of the Land Act by restricting public vehicle access up Fitzsimmons Creek to the Singing Pass trail head adjacent the Garibaldi Provincial Park boundary.

The 1982 Master Development Agreement between Whistler Mountain and the Province of British Columbia clearly shows the Fitzsimmons Creek road as "public access road" and "park access right-of-way". See Schedule A pages 1 and 2.

Article 14.06 of the MDA states:

An instrument conveying Crown Land to Whistler under this Article shall be subject to 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.

For more information on this issue see Singing Pass Issue Summary and Parking Proposal

Schedule A page 1 is found here: Schedule A of Whistler Mountain Master Development Agreement

Schedule A page 2 is found here: Schedule A, page 2 of Whistler Mountain Master Development Agreement

2020 has written to Honourable Steve Thomson, Minister of Forests, Lands and Natural Resource Operations requesting him to 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.

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