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Letter to Minister Neill: Request for Transparent Decision-Making on Lake Windermere and Columbia Lake

  • Mar 6
  • 13 min read

Updated: Apr 29


March 6, 2026 — Sent by electronic mail to the Honourable Randene Neill, Minister of Water, Land and Resource Stewardship, Government of British Columbia.


Transparent Decision-Making regarding Lake Windermere and Columbia Lake

We are the Columbia and Windermere Valley Property Owners Society (the "Society"), a society representing private property landowners and leaseholders within the area surrounding Lake Windermere and Columbia Lake (the "Lakes").

We write regarding a June 23, 2025 letter sent to you from ʔakisq̓nuk First Nation ("ʔakisq̓nuk"). In this letter, ʔakisq̓nuk calls for, among other things, the immediate suspension of all new and currently proposed development in and on the shorelines of the Lakes until a lake stewardship plan is developed and implemented that they intend to lead (the "ʔakisq̓nuk Letter"). A copy of the ʔakisq̓nuk Letter is attached as Appendix "A".

The moratorium and lake stewardship plan requested in the ʔakisq̓nuk Letter have significant implications for Society members' rights and ability to use and enjoy their properties. Despite this, as of the date of this letter, the Ministry of Water, Land and Resource Stewardship (the "Ministry") has provided no information nor sought any information from the public — including Society members, private property landowners and leaseholders — regarding the ʔakisq̓nuk Letter, the requested moratorium, or the development of a lake stewardship plan.

Consequently, the Society is concerned that decisions which would have a direct and material effect on our members' rights have already been made or are in the process of being made without the opportunity for our members and the public to be heard and participate. Accordingly, the Society requests that the Ministry commit to transparent decision-making regarding the development and management of the Lakes, their foreshore and upland properties, including by taking concrete steps, detailed within this letter, to provide all affected parties with the necessary information and a meaningful forum to be heard.


The ʔakisq̓nuk Letter

As noted above, the ʔakisq̓nuk Letter calls for the immediate suspension of all new and currently proposed development in and on the shorelines of the Lakes until a lake stewardship plan is developed and implemented. The activities that ʔakisq̓nuk requests be suspended include, but are not limited to:

  • Dredging activities

  • Dock installations or expansions

  • Boat launch installations or upgrades

  • Marina developments or upgrades

  • New commercial lake-related ventures

  • Mooring placements

  • Private shoreline alterations

  • Beach expansions

  • Stormwater outfall installations

  • Water intake installations

ʔakisq̓nuk further requests an assessment of existing uses of the Lakes and disciplinary action against non-compliant or unauthorized developments. The ʔakisq̓nuk Letter additionally outlines ʔakisq̓nuk's requirements for a suitable lake stewardship plan.


Society Members' Rights to Use and Enjoy Their Properties

An expansive moratorium on development and the creation of a lake stewardship plan, as proposed in the ʔakisq̓nuk Letter, implicate various stakeholders who also have an interest in the use and enjoyment of the lands which make up the shoreline of the Lakes, including the foreshore and upland properties.

The Society's membership encompasses a range of local community members, including residential landowners, businesses, marinas, resorts, strata organizations, and neighbourhood associations. Our members have established property rights in lands that would be subject to the moratorium requested in the ʔakisq̓nuk Letter, as well as any stewardship plan for the Lakes.

Any suspension, moratorium, or delay as requested in the ʔakisq̓nuk Letter, in any capacity, will directly and materially affect Society members' rights to use and enjoy their properties. These rights include the ability to pursue necessary maintenance and replacement of aging infrastructure to ensure the continued safe, effective, and enjoyable use of their properties. For example, the proposed moratorium would prevent any upgrades to boat launches or marinas, or the reinforcement of existing retaining walls. Further, based on the experience of our community, it appears that there may already be a de facto moratorium in place with respect to any dredging operations while the Trethewey Beach Society project is before the BC Supreme Court, as well as delays in approval of improvements to the Invermere boat launch.


Society Members' Concerns with the Ministry's Response

Given the significance of the potential impacts discussed above, the Ministry's response to the ʔakisq̓nuk Letter is a matter of direct and pressing concern to Society members. Yet, the public and the Society have not received any communication from the Ministry regarding the ʔakisq̓nuk Letter, any potential moratorium, or proposed lake stewardship plan. Likewise, the Ministry has neither sought information from our community, nor provided any forum through which they may offer input on these matters.

The absence of communication from the Ministry is causing considerable concern among Society members and the public. As parties whose rights would be directly and materially affected by any decisions regarding the development and management of the Lakes — including their shorelines and upland developments — our members should not be left uninformed, nor excluded from meaningful input and demonstrable consideration and response from the Ministry before any decisions are made, including any decisions to impose a moratorium or to suspend or delay the exercise of landowners' rights.

The lack of communication is particularly concerning for Society members and the public who anticipate applying for permits in the near term. For example, to continue to run their local businesses or maintain their residential community, Society members and the public will eventually need to perform maintenance and upgrading work on their properties. Our members' uncertainty is compounded by the unspecified and expansive application of ʔakisq̓nuk's proposed moratorium. Without clear communication, our members face untenable uncertainty about potential delays or restrictions, causing significant distress.

As holders of established legal rights, our members must be granted a meaningful opportunity to provide input on any decisions affecting the development and management of the Lakes, their shorelines, and uplands. Such participation, alongside input from other stakeholders including ʔakisq̓nuk, is essential to fair decision-making based on a comprehensive and complete record.


Request for Transparent Decision-Making

The Society requests that the Ministry commit to transparent decision-making regarding the development and management of the Lakes, their shorelines, and uplands, including concrete steps to provide all affected parties with the necessary information and a meaningful forum to be heard and participate.

Specifically, the Society requests the following:

  1. Inclusion in discussions: The Society must be included in all discussions with the Ministry regarding any development protocol or stewardship plan for the Lakes, their shorelines, and uplands, including a meaningful opportunity to provide submissions and respond to the submissions of any other interested parties.

  2. Access to information: The Society should be kept apprised of submissions that the Ministry receives regarding the management of the Lakes, their shorelines, and uplands, including any proposed moratoriums on development. If such discussions are currently underway, we request copies of all relevant information received by the Ministry, including any correspondence exchanged with ʔakisq̓nuk, meeting notes or minutes, and any informal or formal submissions.

  3. Notification of decisions: If a suspension of development around the Lakes, their shorelines, and uplands has been implemented, or any other lake stewardship plan adopted, the Society requests a copy of such a decision together with the associated reasons.

We trust the Ministry recognizes the importance of engaging all affected parties in a manner consistent with principles of procedural fairness. We thank you for your prompt attention to this matter and look forward to your prompt response.


Sincerely, J. Douglas Kay, President Columbia and Windermere Valley Property Owners Society


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Appendix "A" - Letter from ʔakisq̓nuk First Nation to Minister Neill, June 23, 2025

The following is the full text of the June 23, 2025 letter from ʔakisq̓nuk First Nation Chief and Council to the Honourable Randene Neill, attached as Appendix "A" to the Society's March 6, 2026 letter.

THE LAND OF THE TWO LAKES

Date: June 23, 2025 From: ʔakisq̓nuk First Nation's Chief and Council To: The Honourable Randene Neill, Minister of Water, Land and Resource Stewardship, Government of British Columbia

Re: Urgent Request for a Suspension of Further Development at Lake Windermere and Columbia Lake


Dear Minister Neill,

I write on behalf of ʔakisq̓nuk First Nation ("ʔakisq̓nuk") leadership to request the immediate suspension of all new and currently proposed development in and on the shorelines of Lake Windermere and Columbia Lake (collectively, the "Lakes") until a comprehensive lake stewardship plan is developed and implemented in accordance with our inherent jurisdiction as stewards of our traditional territory.

ʔakisq̓nuk actively participates in a working group with various ministerial staff at the Ministry of Water, Land and Resource Stewardship ("WLRS") to discuss concerns about the Lakes and management of the Lakes in accordance with our legal traditions. While ʔakisq̓nuk is pleased to be having these discussions with WLRS and that there is consensus that the current system is not working and that significant action and enforcement is required, we are disappointed by the lack of actionable outcomes that have resulted from this working group. This has led to the need to make this urgent request to ensure that our rights are protected while the stewardship plan is developed. If developments are not put on hold in the interim period, we are very concerned that irreparable harm to our rights will occur.


Columbia Lake and Lake Windermere

The Lakes make up part of the Columbia River, the largest river flowing into the Pacific Ocean from North America, and the broader Columbia Wetlands, one of the longest intact wetlands in North America. Columbia Lake is the headwater of the Columbia River, while Lake Windermere is a widening of the river. Both make up critically important parts of the broader river and wetlands.

The Lakes are experiencing severe environmental strain. Their shallow depths make the Lakes particularly vulnerable to cumulative recreational pressures, including boating, shoreline development, and infrastructure. While recreational development primarily occurs on Lake Windermere, ʔakisq̓nuk is concerned that the over-use of Lake Windermere will force further development to and use of Columbia Lake.

Neither of the Lakes are suitable for the current level of development and use that is occurring. The lack of monitoring and enforcement has created a perception of lawlessness. The Lakes have become a destination for those seeking to exploit the lack of oversight. This is unsafe for users and deeply harmful to the Lakes' ecological integrity.

The Lake Windermere Carrying Capacity Study highlights that Lake Windermere's physical and chemical composition is being pushed beyond sustainable limits, placing aquatic ecosystems and water quality at serious risk.

Without immediate intervention, there is a significant risk of irreversible ecological degradation to the Lakes and the broader Columbia Wetlands ecosystem and resulting damage to our rights. The cumulative impacts of development are leading to death by a thousand cuts.


Our Rights

The Lakes are within our ʔamak̓is Ktunaxa (traditional territory) and are part of a sacred, ecologically sensitive ecosystem. We have never surrendered our Aboriginal rights or Title through Treaty or otherwise, and continue to hold Aboriginal Title over the lands and waters within ʔamak̓is Ktunaxa, including the Lakes. We have been stewards of ʔamak̓is Ktunaxa since time immemorial and we continue to hold a sacred responsibility to protect its integrity for future generations.

The Columbia Wetlands have been and continue to be of significant importance to ʔakisq̓nuk. In fact, ʔakisq̓nuk in our language means "land of the two lakes": Columbia Lake and Lake Windermere. The Lakes are central to who we are and are of profound cultural, historical, and spiritual importance to us. The health of the Lakes is integral to our identity and place in the world.

Our ability to exercise our inherent and Aboriginal rights, including fishing rights and stewardship of ʔamak̓is Ktunaxa, depends on the health of the Lakes and the broader Columbia Wetlands.

Historically, salmon was a critical part of our people's diet and culture. They disappeared with the development of a dam in 1939. Kwataq̓nuk, an area near Athalmer, was the last known location where our people fished for salmon. The area was characterized by shallow waters, slow currents, and a thick gravel bottom, providing an ideal environment for swaq̓mu (salmon) spawning. Today, there is an Indigenous-led initiative to Bringing the Salmon Home with a vision of returning salmon stocks for Indigenous food, social, and ceremonial needs, and to benefit the ecosystem as a whole. We are concerned that the significant efforts made by this initiative will be in vain if the health of the Lakes are not improved.


The Province has a Constitutional Duty to Consult ʔakisq̓nuk Regarding the Lakes

As you are aware, the duty to consult is a constitutional obligation owed by the Crown to Indigenous Nations when it contemplates conduct that has the potential to adversely impact a First Nation's rights.

The duty to consult requires the Crown to engage with Indigenous groups and consider the proposed conduct's impact on their Aboriginal rights before making a decision. The purpose of the duty to consult is reconciliation and the protection of Aboriginal rights and the resources used by Indigenous Nations to exercise those rights. Consultation must occur early in the decision-making process and cannot be left until such time where the momentum of the project renders consultation meaningless.

The duty to consult and accommodate is grounded in the honour of the Crown. The honour of the Crown is a constitutional principle that governs the relationship between the Crown and Indigenous peoples: "In all its dealings with Aboriginal peoples, the Crown must act honourably, in accordance with its historical and future relationship with the Aboriginal peoples in question."

As the Supreme Court of Canada stated in Haida Nation v British Columbia (Minister of Forests): "The controlling question in all situations is what is required to maintain the honour of the Crown and to effect reconciliation between the Crown and the Aboriginal people with respect to the interests at stake." The honour of the Crown cannot be interpreted narrowly or technically, but must be given full effect to promote the process of reconciliation mandated by section 35(1) of the Constitution Act, 1982.


United Nations Declaration on the Rights of Indigenous Peoples

The rights enshrined in the United Nations Declaration on the Rights of Indigenous Peoples ("UNDRIP"), including the principle of free, prior and informed consent, also inform the honour of the Crown and the duty to meaningfully consult and accommodate.

The application of UNDRIP to the laws of Canada and British Columbia have been affirmed respectively by Canada in the United Nations Declaration on the Rights of Indigenous Peoples Act ("UNDA") and by British Columbia in the Declaration on the Rights of Indigenous Peoples Act ("DRIPA"). Canadian courts have held that UNDRIP is part of Canadian law and must be used to interpret Canadian law, including section 35 and the duty to consult, and that interpreting the duty to consult in light of UNDRIP requires robust, deep consultation that accounts for the Indigenous groups' laws and aims to obtain consent.

Article 32.2 of UNDRIP affirms certain rights of Indigenous peoples with respect to development in their traditional territories:

States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.

Article 32.3 of UNDRIP further provides that States must provide effective mechanisms for redress with respect to development activities and must take appropriate measures to mitigate adverse environmental, economic, social, cultural or spiritual impacts of such activities.

UNDRIP affirms that Indigenous peoples "have the right to maintain and strengthen their distinctive spiritual relationship" with their traditional territories, have the right to participate in decision-making on matters that affect their rights, and have the right to conservation and protection of their traditional territories (among others).


The Lake Stewardship Plan

Our ability to exercise our constitutionally protected Aboriginal rights are being significantly impacted by the development of the Lakes. Unfortunately, this had led to a recent court case involving the Province due to the failure to adequately consult with ʔakisq̓nuk and address our concerns when approving development on Lake Windermere.

The Province has committed to working to advance reconciliation in tangible and measurable ways. Meaningful reconciliation is rarely, if ever, achieved in courtrooms. While ʔakisq̓nuk will take measures to protect our rights through the Canadian legal system when needed, we strongly believe that reconciliation can be best advanced through measures such as those described in this letter. This is in alignment with the duty of the Crown, the principles of UNDRIP, and the Province's commitment in the DRIPA Action Plan to the co-development of long-term agreements that recognize and support reconciliation, self-determination, decision-making, and economic independence.

The Province has a constitutional imperative to immediately suspend new and currently proposed development on the Lakes because the current development in and on the shorelines of the Lakes is damaging our inherent and Aboriginal rights. For too long the Province has inadequately discharged its consultation obligation to ʔakisq̓nuk regarding the development and use of the Lakes. The significant impacts to the Lakes and ʔakisq̓nuk's rights require that the Crown implement the requests within this letter.

All new and currently proposed development must be suspended until a comprehensive lake stewardship plan is in place, including but not limited to:

  • Dredging activities

  • Dock installations or expansions

  • Boat launch installations or upgrades

  • Marina developments or upgrades

  • New commercial lake-related ventures

  • Private shoreline alterations

  • Beach expansions

  • Stormwater outfall installations

  • Water intake installations

  • Mooring placements

A complete inventory and assessment of existing uses of the Lakes and infrastructure must also be completed, including a detailed examination of docks, buoys, and structures — legal or otherwise. Immediate action should be taken to issue warnings and remove non-compliant or unauthorized developments.

A suitable lake stewardship plan must prioritize Indigenous-led decision making, the health of the Lakes, long-term sustainability, clear development processes, enforcement capacity, and stakeholder engagement.

We have held and expressed inherent jurisdiction to control and steward ʔamak̓is Ktunaxa, including the Lakes. This jurisdiction is consistent with Indigenous rights identified within UNDRIP, and would be supported by the implementation of an Indigenous-led lake stewardship plan. UNDRIP explicitly affirms that Indigenous Nations have the right to participate in decision-making on matters that affect their rights, and have the right to conservation and protection of their traditional territories. In order to meet Provincial commitments, including those expressed in DRIPA and the DRIPA Action plan, the Province must take serious action towards an Indigenous-led lake stewardship plan.

Until the above is satisfied, it is difficult to see how ʔakisq̓nuk will be able to grant its free, prior, and informed consent regarding any development within the Lakes.

We kindly request that you acknowledge receipt of this letter. We ask that you provide possible dates for meeting to discuss this matter and next steps by no later than July 11, 2025.

I thank you for your attention to this very important matter to ʔakisq̓nuk.


Sincerely, Nasu̓kin Donald Sam On behalf of the ʔakisq̓nuk First Nation Chief and Council


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Appendix Footnotes

1Haida Nation v British Columbia (Minister of Forests), 2004 SCC 73 at para 35 <haida>haida>.

2Haida at para 14.

3Rio Tinto Alcan Inc. v Carrier Sekani Tribal Council, 2010 SCC 43 at paras 33–34, 41, 46, 50, 53 and 83.

4Musqueam Indian Band v British Columbia, 2005 BCCA 128 at para 95.

5Haida at para 16.

6Taku River Tlingit First Nation v British Columbia (Project Assessment Director), 2004 SCC 74 at para 24 <taku river>taku river>.

7Haida at para 45.

8Taku River at para 24.

9 SC 2021, c 14.

10 SBC 2019, c 44.

11Kebaowek First Nation v. Canadian Nuclear Laboratories, 2025 FC 319.

12 DRIPA, Schedule, Art. 25.

13 DRIPA, Schedule, Art. 18.

14 DRIPA, Schedule, Art. 29.

15Clyde River (Hamlet) v Petroleum Geo-Services Inc., 2017 SCC 40 at para 24.


Footnotes (Society's Letter)

1 In the context of court proceedings surrounding Aboriginal title claims, the New Brunswick Court of Appeal in JD Irving, Limited et al v Wolastoqey Nation, 2025 NBCA 129, leave to appeal to the SCC filed, discussed the importance of natural justice and providing interested parties the opportunity to be heard (at paras 196, 199–200). Regarding administrative decision-making, procedural fairness relates to the principle that affected individuals should have the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to the statutory, institutional, and social context of the decision (Baker v Canada (Minister of Citizenship and Immigration), <1999> 2 SCR 817, 1999 CanLII 699 (SCC) at para 28).

 
 

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