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CWVPOS Town Hall June 23

  • Jun 26
  • 8 min read

Columbia and Windermere Valley Property Owners Society President's Update June 23, 2026.

Good evening, everyone, and thank you for your continued support of the Columbia and Windermere Valley Property Owners Society (“CWVPOS” or the “Society”).


Since our incorporation on February 12, 2026, our Society has continued to grow in both membership and influence. We were established to provide a strong, organized voice for property owners throughout the Columbia Valley, with a particular focus on issues affecting fee simple property and existing rights both around the foreshore and uplands around Columbia Lake and Lake Windermere (the “Lakes”). Board of Directors.


I am pleased to report that our Society now has six directors representing several major communities around the lakes: • Victoria Calvert, property owner - Terravista community (124 owners) • Mike DuBois, property owner/resident - Windermere • Dave Huggins, property owner - Akiskinook community (156 owners) • Rick Brost, property owner - Akiskinook community • Robert McClinton, property owner - Baltac community (144 owners) • Doug Kay, President, property owner - Terravista community Growing Membership and Community Relationships Our Society continues to expand its network and relationships throughout the region.


Collectively, at this time our multi residential communities and our individual property owners and families represent over 1500 people, with over 80 individual members registered with the Society. We are currently associated with the following organizations and communities: • Columbia Valley Boaters Association who has 650 members • Public Land Use Society • Columbia Ridge • Sunchaser RV Resort • Trethewey Beach • Other multi-owner developments and community associations; some of which can’t be named as Society members as they have restrictions in their by-laws.


The President of the Public Land Use Society, Warren Mirko will offer a few brief remarks following my presentation. Our Property Owners Society is currently focused on Columbia Valley matters while Warren’s Society is focused on all of BC. Their mission is to ensure Crown land remains accessible for recreation, resource development and economic growth while promoting responsible stewardship.


As it relates to communities surrounding the Lakes, there are 21 multi residential communities around Lake Windermere and 5 similar communities around Columbia Lake. Our Lakes our administered by the Regional District of East Kootenay (“RDEK”), of which the total population within this region is approximately 66,000 people. The permanent populations of Invermere, Athalmere and Windermere is approximately 5,500 permanent residents. The Lake Windermere area population peaks in the summer months, at approximately 25,000, which includes tourists and cabin owners. We intend to continue reaching out to all the multi-owner communities around both lakes and individual property owners. We are hopeful to see Society memberships continue to build in the days ahead.


Relationship with Indigenous Communities Our Society believes that positive and respectful relationships with Indigenous communities are essential to the future of the Columbia Valley. The current population of the ʔakisq̓nuk First Nations (“AFN”) located just south of the town of Windermere is estimated at 600 with under 100 people living on reserve, 50 living on other reserves and 450 living off of its reserve. The current population of the Shuswap First Nation located just north of Invermere is approximately 300 people with up to 150 living on the reserve and the others living off of the reserve. We fully support economic development of both the Shuswap and the ʔakisq̓nuk First Nations and recognize their important historical and cultural connections to this region.


At the same time, we have significant concerns regarding proposals and demands the AFN has recently made to both the BC and Federal governments that if enacted will affect property rights and values, recreational access, foreshore and upland development, and stewardship of Columbia Lake and Lake Windermere. Our Society believes that property owners should be meaningfully included in all government led decision-making processes. Our view of The BC NDP led Declaration on the Rights of Indigenous Peoples Act (DRIPA) promoting indigenous led co-Governance, is that it is contrary to the underpinnings of Canadian democracy. The democratic underpinnings of Canada are understood to be a process of democratically electing accountable members to a house of commons allowing meaningful country wide participation with these elected members accountable to and serving the whole Canadian population. We pay our taxes to the BC and Federal Governments who are accountable to all Canadians. Only members of the AFN can elect their band council leadership and AFN governance is not accountable to other Canadians.


Recent AFN Proposals The AFN has formally submitted 2 proposals asking for different benefits and changes to the existing system, one to the BC Government and the other to the Federal department of Transport Canada. On June 23, 2025, the AFN submitted a detailed letter to the BC Department of Water, Lands and Resources Stewardship regarding the future management of Columbia Lake and Lake Windermere. The main elements of the June 23 letter the AFN demands are: 1. An immediate moratorium of all current and proposed foreshore development around both lakes. 2. A comprehensive inventory and review of existing docks, retaining walls, and related shoreline structures. 3. The establishment of an Indigenous-led stewardship framework for both lakes.


If enacted upon, these proposals represent a significant departure from the current BC Government led stewardship. As an example of what future stewardship might mean, consider that we are already experiencing a de facto moratorium in the Columbia Valley. Examples of this regulatory departure are the required repair of the public Athalmere boat launch and the dredging application applied for by Trethewey Beach. Both of these essentially routine applications are going into their 2nd year of review based on AFN objection. To the best of our knowledge, one of the last dredging operations completed on Lake Windermere was at Indian Beach, a marina owned by the AFN.


Lake development and stewardship is currently managed by the RDEK and a published a Lake Windermere community plan already regulates environmental protection, shoreline development and boating.


Vessel Operating Restriction Proposal In a separate initiative, the AFN filed an application with Transport Canada seeking a Vessel Operation Restriction Regulation (VORR) that could significantly restrict or potentially eliminate wake-surfing activities on Lake Windermere. Many property owners, recreational users, tourism operators, and businesses will be affected by any potential negative decision. Recently the AFN announced, by press release dated May 20, 2026, that they intend to spend $200,000 to conduct a bathymetric survey of both Lakes and a labour market survey. We will be prepared to provide our own responding information to these studies so that Government decision-makers will have all information and perspectives. For example, there are detailed bathymetric surveys already in existence on both Lakes. What will be very difficult to measure are the economic impacts, many of which will be intangible, given the level of importance placed by people on how they value their recreational use of the Lakes. It is likely that there is already a negative impact to the Valley and an erosion of economic activity overall as people choose to recreate elsewhere and not consider a property purchase in BC.


Society Response The Society has submitted detailed responses in letters dated March 6, 2026, to the BC Gov and May 7, 2026, to Transport Canada regarding both the lake stewardship proposals and the vessel restriction application. The CVBA has also submitted a letter of their concerns to TC. The Society was assisted in preparation of both of these detailed written submissions by the law firm Osler, Hoskin & Harcourt LLP and these letters can be read in their entirety on our web site. Our position is straightforward: • We support the existing RDEK led stewardship of the Lakes and property development of the Lakes, foreshore, and Uplands • We support meaningful Indigenous participation in Lake management discussions and have proposed and will continue to propose a face-to-face meeting with the AFN Chief and band council. • We support evidence-based decision-making. • We support transparent processes where all voices and concerns are heard • We insist that property owners and lake users always have a seat at the table and that any decisions taken are not made behind closed doors.


Concerns Regarding Transparency To date, our information requests to various government bodies have produced limited details regarding ongoing discussions and decision making processes. We have filed information requests with both levels of Government and have had limited responses to date. The BC government acknowledges they are late in their response, and we have agreed to a mid July time frame to provide us with information on this file.


Perhaps the main positive of the formation of our Society is the organized voice we have made clear to both levels of Governments. Our fear is that a deal with the AFN may already be in the negotiation process, as has occurred by the outrageous hidden processes of the NDP led BC Government in several other cases, not the least of which is the recent Cowichan decision, the Haida Gwaii deal, a recent co-governance mining deal with the Tahlton FN and the behind closed door Federal Government acknowledgement of additional Aboriginal rights to a large portion of Greater Vancouver to the Musqueam FN that Premier Eby initially suggested he had no prior knowledge of . Current AFN initiatives are focused on what they see as government-to-government cogovernance stewardship. This isn’t to say though that pursuit of Aboriginal title for various lands or even the Lakes isn’t a future possibility.


Related Legal Developments Elsewhere in British Columbia Members may be aware of litigation involving the Pender Harbour and Area Residents Association (“PHARA”), which filed a civil action on February 9, 2026. The scenario that led to this action has a lot of similarities in common with our property concerns in the Columbia Valley. Marina licenses were cancelled and various docks pulled out to the detriment of Property owner values and marine usage. Various owners have been denied dock tenures or have been subjected to indeterminate waiting periods (again de facto moratoriums) on renewal applications including access impairment.


The PHARA legal proceeding raises a number of constitutional and administrative law questions, including the scope of provincial authority to pass a law like DRIPA which cedes statutory decision-making power to a minority along with consultation requirements that resemble a veto. The PHARA action contends that DRIPA is in conflict with Section 35 of the Canadian constitution with Sections 6&7 of DRIPA going far beyond what was contemplated. Consider that implementation of Indigenous co-governance arrangements with statutory decision-making authority in large areas of BC will have decision making authority over all other Canadians who cannot vote for or have any say in Indigenous Nation Governance. The PHARA suit maintains that reconciliation must occur within the boundaries of the Canadian constitution and cannot override the constitutional rights of other Canadians.


The Society is monitoring this litigation closely because these legal issues underway will be relevant to future policy discussions elsewhere in British Columbia and for that matter, Canada. Further evidence of the importance of this action is the BC Cattlemen’s Association have recently filed for Intervenor status. It is possible that other organizations will follow this action as well. Unfortunately, this action against the AG of BC will take a long time and no doubt will be appealed to the SCC creating many years of uncertainty. We will add a copy of this detailed civil suit to our Web site for members reading convenience.


Looking Forward Following the Society’s web site launch over $90,000 has been raised. We have promises of more money to come from several new and existing members as well. We have incurred approximately $27,000 in expenses mostly for legal services and web site creation. It is difficult to accurately forecast our cash needs in the near future given the uncertainty of what actions the AFN and the BC and Federal TC may take.


Our Society was formed to provide a constructive, informed, and united voice for property owners throughout the Columbia Valley. We will continue to post regular updates through the web site as events occur and new information is made available and we will plan for a second Town Hall in the Fall.


Many Thanks to Brett Wilson, the Society will be featured as a cosponsor of the annual Brett/Brett musical boat concert on the Lake to be held in early August again this year. We welcome all property owners who share our objectives and encourage members to continue helping us expand our reach throughout the Columbia Valley.


Thank you for your support.

 
 

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