Although “OPEN THE GATES” is only concerned with public access to the privately owned wild lands, this story contains information on the fight to access both the private and government wild lands, and so, is an interesting history of the struggles the citizens have faced with accessing their right to enjoy nature on Vancouver Island.
It is a story about the need for public access; the forming of the legislative Access Committee; and the affect that that committee had on our access to nature. Although the draft of the Public Access act in 1963 never passed, it would have affected the E & N private lands as well.
This story came out of researching the British Colonist newspaper archives from 1954-1980.
The British Colonist newspaper in Victoria was the original newspaper of the colony of British Columbia and later became the Daily Colonist, and later the Times-Colonist.
Alec Merriman was the Daily Colonist reporter keeping the public up to date on this public access problem from approximately 1956 to 1980. Many of these articles are from his “Outdoors” column.
He was the only reporter to consistently cover the legislative public access committee hearings.
SYNOPSIS: Logging up to the 1940s was predominantly done by steam locomotives. In the 1950s truck logging took over and logging roads were built, which created easy access to the forest lands. But prime hunting and fishing was only open to elite “friends” of the logging companies. By the late 1950s these companies were being pushed to allow access, and a trial system began. Fish and Game clubs would man the gates and allow only their members into the wild lands. This system slowly converted to all public access by 1965. That access was still controlled by forest companies – i.e.: access during non-operational hours only and closed for fire season. By 1969 public access was 24/7 in the inactive logging areas.
Note: with this access the public could now see the destruction of unregulated logging practices (see articles: British Colonist 72.5.28 p 29; 76.11.28 p 35)
Also, by 1962 a BC government Public Access Committee was struck to make recommendations and write a Public Access act. The process was complicated as it needed amendments to 4 other acts. This slowed the process; the government for now, favoured the easier route of pushing the forest companies for cooperation. Also, the forest companies fearing the public access act, because of what it contained, were quick but careful to allow public access, starting with the trial Fish and Game Club only system.
The following are the key points from the research spreadsheet –( link: British-Colonist-research-24.5.27.pdf). Each newspaper article is in point form. If you are interested in a certain article, refer to the date and page number on the left (page numbers are on the original document only; see link above), then go to BritishColonist.ca to read the full article. This will give you the accurate information and context of each article.
All points below are from the British Colonist unless otherwise noted by (LLBC) – Legislative Library of BC.
Y.M.D
46.6.27 This is the first mention of the push for public access, as logging moves from steam locomotive to truck logging.
54.10.7 Construction of 4 public access roads to the west coast of Vancouver Island: Jordan River to Port Renfrew; Port Renfrew to Cowichan Lake; P Alberni to Tofino; Campbell River to Tahsis. These roads to go through blocked company logging territory and so the companies need to agree. (these became the current public highways of today)
56.6.21 Chambers of Commerce Assoc. Vancouver Island ask government forestry to influence logging companies to allow public access.
59.5.6 Provincial Recreation dept. asked for a 1 yr delay on the Tree Farm Licence system to allow setup for system of Recreation Survey & Planning.
60.9.4 Recreation minister Earle Westwood: TFLs will be open to the public by 1961
62.2.3 Recreation minister Westwood – will call for a LEGISLATIVE COMMITTEE on PUBLIC ACCESS
62.3.21 MLA Comox, Dan Campbell holding to account: the selling off of E&N land to logging companies (depletes public access). The E and N land grant has been a source of grief for Lands and Forests ministry.
62.3.22 (LLBC) The special committee on Public Access of the BC legislature reports their recommendations to the legislature. This is what the forest companies feared. Here are some excerpts from that report:
< “. . . (recreationists) press strongly for an almost unrestricted right of access over private lands or roads facilities to attain their recreational pursuits. The road-owner group, largely industrial operators, appear to recognize that they should adopt certain measures to facilitate the recreationists’ needs and are generally cooperative toward that end, . . .”
< “. . . collaborate in a study designed to evolve some criteria or yardsticks for determination as to when a private road should be expropriated in the general public interest.”
< “. . . any roads built by industrial operators under arrangement with any department of Government when such arrangement anticipates eventual use of the road as part of the public highway system.”
< “. . . creating block reserves for the use and enjoyment of the public at all suitable sites and particularly water-frontage be continued.”
< “. . . to designate a right-of-way over the land granted as may at any time be required in public interest.”
< “. . . urged that such Interdepartmental Committee proceed without loss of time to the drafting of a Public Access Act . . . before 1963 . . .”
< “. . . the road-owner in such cases should receive some relief from responsibilities at present placed upon him under certain Statutes, notably in the matters of taxation, public liability, and responsibilities for forest-fire protection.” (note: the tax relief recommendation; the land owners still reap this benefit today, even though the public is locked out!)
< “. . . such access should be open to all members of the public and not restricted to any one group or organization.”
< “. . . in defining and classifying roads and (or) trails for public access, the views of interested local groups be enlisted . . .”
62.6.20 Special inter-departmental committee (chair: A W Hobbs) to draft Public Access Act
62.8.29 All public access on weekends for the whole island starts on Saturday
63.2.26 Access act may be passed at next session. Gives gov power to change private roads to public.
63.3.17 Merriman: Access act will be abandoned or delayed in favour of changing existing legislation favouring forest companies and enticing them to give access.
63.3.21 (LLBC) PUBLIC ACCESS DRAFT presented to legislature.
note: The Public Access Committee ran for 3 years. Although the Act never came into fruition, their work (draft of the Access Act) coerced the logging companies into providing access.
64.2.25 The Access committee drew up a bill a year ago to ensure public access, instead forest companies pledged cooperation.
64.3.10 Forest firms fight road act; willing to provide access, but wants control over guest list
64.3.19 Forest companies protested – the Public Access Bill is unnecessary
64.8.26 Merriman: Fish & Game club members access plan: This fish & game self-policing has been running about a year. It’s a first step in all public access. Gates manned by fish and game club members require 240+ man hours /year. Fish & Game club membership is huge because it’s the only way to access fresh water fishing.
64.9.18 Merriman: trend to all public access after trial period of fish and game members only
64.10.25 Logging companies threaten BLACKMAIL – if government insists on Public Access law then they will close off the E and N land grant area to the public. (note: the logging companies on both the E&N and government lands had banded together to fight the passing of the Public Access Act. Had this act passed, we would not be lobbying for access today! Also this blackmail would have turned into a legal battle as the new act contained clauses of expropriating private roads and land for the public to access recreation).
65.9.10 Merriman: no more “fish and game access only” areas on Vancouver Island. Its all public access. (Remember it was fish & game that won this for us). But still non-operational hrs only – by forest company policy.
65.9.26 Merriman: companies generally pleased with the “HONOR” system of public access (no manned gates; just be respectful)
67.5.2 Victoria Fish & Game Club keeps an eye on Public Access Committee; and is attending those meetings (?)
68.1.21 Recreation minister Kiernan “public has a right to access all forests in BC” (at TLA convention)
69.4.9 Shared use of forests for 6 yrs now (week-ends only, still controlled by forest companies)
69.8.24 Merriman: inactive logging areas open 7 days a week for the first time.
71.2.14 Merriman: Needed New Policy on timberlands: need 24/7 public access, and policy on ecology and watershed protection.
71.2.28 BCForest Service enters into recreation; recreation officer Harry Marshall improvements in the 77 public sustained yield units (in the 90 million acres of productive forests). TFLs required to submit recreation plans. BCFS negotiating the GAZETTING of PUBLIC RIGHT of WAYS in PRIVATE LANDS. Clear cutting will never be allowed again.
72.1.23 Merriman: logging protests are now starting. Recreationists and logging companies for 10 yrs have been battling it out before the public access committee. BCWF, Victoria Fish & Game, and Nanaimo Fish & Game did the fighting. Forest companies received concessions (taxation, forest fire & liability) for sharing under new industrial roads act.
72.3.12 Merriman: Newly formed MacMillan & Bloedel Properties will NOT sell land with recreation value. Proud of cooperation with recreationists. (note: forest companies are realizing the real estate value of the private lands)
72.4.2 Merriman: BCFP first time new concept – there will be no more gates except active logging. 24/7 public access now on all land including their private land.
73.1.10 Merriman: Nanaimo Fish and Game ask for legislation access strip along all waterways to be gazetted.
77.8.28 Timber companies should seek help of recreationists on vandalism; if they put up gates they risk legislation against them.
79.6.13 Public access threatened by new financial forest fire fighting regulations
79.6.29 Merriman: government amends fire fighting cost on private lands to: owner pays if owner starts fire, otherwise government pays
79.12.19 Merriman: some lakes on logging claims are stocked by government but are gated.
END