Vancouver Park Board to consider legal challenge against mayor's abolition plan

Kenneth Chan/Daily Hive

The Vancouver Park Board will consider legal action to save itself from Mayor Ken Sim’s proposal to abolish the separately elected body governing the City’s parks and recreation system.

Vancouver City Council and City of Vancouver staff are currently working with the provincial government to change legislation relating to the Vancouver Charter to abolish the Park Board’s elected body, and transfer its responsibilities to the mayor, Vancouver City Council, and the City.

Green Party commissioner Tom Digby is hoping independent legal counsel will analyze the mayor’s plan, and determine the level of probability that a judicial review could stop the Park Board’s abolition in its tracks.

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Additionally, through retaining legal counsel, Digby would like to determine “the merits and probability of success of quashing via judicial review the historic, ongoing, and notorious encroachment by Vancouver City Council over the past 10 years” of the Park Board’s jurisdiction, according to Digby’s member motion up for discussion in a public meeting next week. The effort to retain legal counsel for this highly preliminary analysis before filing for a potential judicial review is expected to cost $20,000.

“The elected Park Board is preparing to respond to the mayor’s surprise attack,” said Digby in a statement.

The motion is expected to pass next week, with Scott Jensen, Laura Christensen, and Brennan Bastyovanszky — three former ABC Vancouver party commissioners who left the mayor’s party and are now running as independents — expected to side with Digby for a majority vote of approval.

“I share Commissioner Digby’s concern. This issue was not on the mayor’s election platform, and Council has no democratic mandate to abolish another elected body,” said Bastyovanszky, who is the current chair of the Park Board commissioners.

In December 2023, shortly after Sim announced his proposal, the new majority makeup of Park Board commissioners approved a motion opposing the abolition plan, and directed Park Board staff to not participate in the transition activities.

However, after City Council approved Sim’s motion early last month, the provincial government stated it would respect City Council’s request, and work with the municipal government to change the required legislation. But the provincial government’s support in principle comes with several conditions that must be met by the City, including consulting with the three First Nations and addressing parkland ownership and the future of existing Park Board workers.

Last week, when Sim named five individuals to the Park Board Transition Working Group, City manager Paul Mochrie said the transition of the Park Board’s responsibilities to City Council is a “relatively straightforward” process.

To address the provincial government’s conditions, Mochrie said the existing Park Board workers are actually legally employed by the City, not the Park Board. When it comes to parkland ownership, Mochrie said all assets currently under the Park Board are legally under the City, and the proposed new measures to protect parkland uses are stronger than the existing protections available under the Park Board system.

Also, although the Park Board is generally seen to be jurisdictionally separate from the City, the mayor and City Council have direct control over the Park Board’s operating and capital budgets.

Mochrie also noted the requirement for First Nations consultation is already underway, with the Musqueam First Nation already indicating their formal support, and Tsleil-Waututh Nation (TWN) noting they are supportive of the process but need more information before making a decision. However, the Squamish Nation has yet to make any public comments.

“Tsleil-Waututh Nation deeply values our relation with you and your Council. We are doing great work together on so many fronts and Tsleil-Waututh Nation is in full support of participating in a process to explore amendments to the Vancouver Charter,” reads a letter from TWN Chief Jen Thomas to the mayor on January 26.

“We look forward to working in collaboration with the Province and the City to understanding the proposed changes and mechanisms to maintain and enhance TWN involvement in Vancouver’s parks.”

It was also announced today that Green Party councillors Adriane Carr and Pete Fry and OneCity councillor Christine Boyle will be holding a town hall meeting to hear from the public on the future of the Park Board. The town hall will be held from 3 to 6 pm at Vancouver City Hall this Thursday, February 1, 2024. Advance registration is noted to be a requirement for attendance.

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