August 29, 2014

Page 1

Gains and losses: community leaders reflect

LABOUR DAY, Page 8

Smiley at the front of the national track pack

SPORTS, Page 15 5

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LAST WEEK OF SUMMER

Friday, August 29, 2014

◆ COURT NEWS

Crematorium wins appeal for commercial use KEVIN ROTHBAUER CITIZEN

Staying cool and enjoying the sun is on the agenda for many kids as the days count down to the start of school. Here, Lyla de Leeuw runs through the hugely popular water sprays at Centennial Park. Whether classes will begin on time next week is still up in the air. For more on the teachers’ strike, see page 4. [LEXI BAINAS/CITIZEN]

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Stating that the Cowichan Valley Crematorium is an “institution” that serves public needs, and is permitted under current zoning regulations, the provincial Court of Appeal overturned a Supreme Court decision from fall of 2013 stating that commercial use of the crematorium was not allowed. “The [zoning] bylaw did not distinguish between commercial and non-commercial institutions,” Judge Risa Levine said in the summary of her decision on Tuesday. Located on land owned by the Paldi Khalsa Diwan Society, the crematorium dates back to the 1960s, when it was built to serve the Cowichan Valley’s South Asian Community. In 2010, the society applied for a building permit to replace the old wood-burning ceremonial operation with a modern gas-fired crematorium. The permit was granted, but unbeknownst to the Cowichan Valley Regional District, the operators began using the facility for commercial purposes, which the CVRD felt contravened its P-1 (Parks and Institutional) zoning. When Consumer Protection BC, which licenses crematoriums, first issued the licence in 2011, oper-

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ators were told to provide documents from the Cowichan Valley Regional District indicating that a commercial crematorium was proper use of the site — a standard requirement of any crematorium licence. When operators failed to provide the documents by September 2012, Consumer Protection BC suspended the commercial licence. The company chose to appeal, and the suspension was stayed. In the meantime, the BC Supreme Court ruled last fall that the presence of a commercial crematorium on the land went against zoning rules. The latest decision is the result of an appeal of that ruling. CVRD Manager of Development Services Ross Blackwell said he was “quite surprised” by the Court of Appeal’s ruling. “It was very unexpected,” he said. “It is quite a concern for me in relation to the direction that the Court of Appeal went, which was in the very opposite direction of the interpretation of the B.C. Supreme Court.” Ceremonial use of the crematorium was never affected by the court cases, as that has been covered by a separate licence. See DECISION, Page 3

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August 29, 2014 by Cowichan Valley Citizen - Issuu