Letter: Phoenix site dangerous, shouldn’t be explored

Mr. Schlichting has no valid reason to be there and has been advised not to trespass on lands within the boundary, writes Ellen Clements.

Re: Map doesn’t show what Nadina owns” Frank Schlichting April 27, 2016.

What Mr. Schlichting appears to be stating is that we have misrepresented ownership of the property and that we do not have the right to request he refrain from entering onto and into our Crown granted lands.

He states our maps are incorrect in that many of the properties we claim to own have reverted to the Crown. Question—on what factual evidence does he make these statements? It does not suffice to state the land is not owned without proof.  LTSA (Land Title and Survey Authority) title shows Kettle River Resources or its associates/assigns as owners.

We provided you a map outlining the private property yet you continue to trespass and in a court of law, we would provide proof.  Mr. Schlichting has no valid reason to be there and has been advised not to trespass on lands within the boundary—on top of or below surface. Ownership of land remains in Land Titles Office to be legally accurate, not the assessment office.

The site is dangerous and should not be visited or explored. There is great risk by defying the request to keep out of the old mine workings and jeopardizing others invited who attend the site at one’s request. Fences have disappeared over the years and signage is removed as quickly as erected. Our map suffices to provide notice, under The Trespass Act, of the property boundaries.

The Trespass Act—exerts and or interpreted by legal counsel, there are two aspects to the act:  “In a trial of a trespass claim, once the plaintiff shows that the defendant has trespassed, it is up to the defendant to show that his interference took place without negligence or intent.”

“Where the defendant’s actions were fraudulent, willful or so wholly disrespectful of the property owner’s rights as to be an affront to the reasonable person, the court can award punitive damages. The cases talk about “wanton and defiant conduct and insults”; “action going beyond inadvertence, mistake, oversight, or misunderstanding”; “arrogance and unconcern”; “acting callously.”

Punitive damages can be significant compared with the usual amount of damages available in a case of trespass. Punitive damages can be $1,000, $5,000 or in one case $25,000—a figure that in the mind of the judge is a sufficient punishment for the callousness of the trespasser.

“The Trespass Act requires that property be posted according to the Act. The tort of trespass does not require posting, although it does require some act of possession sufficient to alert the trespasser that he might be on land in someone else’s exclusive possession or ownership.”

Penalty or Remedy. “The Trespass Act penalty is a fine or imprisonment imposed by the provincial government through the courts. Any fine is paid to the government. If one sues another in trespass, the remedies available are financial compensation for the damage suffered, and possibly punitive damages and an injunction.”

Procedure. “The Trespass Act is a criminal-like procedure where the Crown prosecutors or police pursue the case against a person accused of trespass. An individual claims against another for the tort of trespass by starting a lawsuit, with all its inherent frustrations, delays, formal proof requirements, and cost.”

Legislation under the Mines Act and Health and Safety Codes is another matter and if necessary will be relied upon.

– Ellen Clements, Kettle River Resources Ltd.

 

 

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

RDKB issues evacuation alert for 1,100 Boundary properties

Warm weather and heavy rain could cause sections of Kettle River system to swell beyond 2018 levels

RDKB launches survey to address housing needs in the district

Communities in the district include Trail, Grand Forks, Rossland and Fruitvale

Possible Kermode Bear spotted near Castlegar

A local resident spotted the white-coloured bear while on an evening trail run on May 27

Stolen truck found in Christina Lake

Family happy the vehicle was found

Two more Johnson Flats properties given evacuation alerts

Forecast graphs for Boundary rivers show another spike for week of June 1

Minimum wage goes up June 1 in B.C. as businesses face COVID-19 challenges

The minimum wage jumps by 75 cents to $14.60 an hour on Monday

Protesters rally against anti-black, Indigenous racism in Toronto

Police estimated the crowd to be between 3,500 and 4,000 and said there was no violence

Feds earmark $1.5M to support recovery of B.C., Indigenous tourism

B.C. money will be split between Vancouver Island and Indigenous tourism

‘We’re sick of it’: Anger over police killings shatters U.S.

Tens of thousands marched to protest the death of George Floyd

Join Kootenay family in virtual walk for Ronald McDonald House

“We always described it as our oasis in the middle of the desert,” Brigitte Ady shares.

Surrey mayor’s party under fire for ‘sickening’ tweet accusing northern B.C. RCMP of murder

Mayor Doug McCallum says tweet, Facebook post ‘sent out by unauthorized person’

Father’s Day Walk Run for prostate cancer will be virtual event this year throughout B.C.

The annual fundraiser for Prostate Cancer Foundation BC has brought in $2.5 million since 1999

Dr. Bonnie Henry announces official ban on overnight kids’ camps this summer

New ban comes after talking with other provincial health officials across the country, Henry says

Senior man in hospital after unprovoked wolf attack near Prince Rupert

Conservation officers are on site looking for the wolf

Most Read