Threat of arrests halts annual invasive species removal on Skirt Mountain
The “Kramer Lands” are on the south-east side of Skirt Mountain in Langford. Ms. Clara Kramer has owned them, largely undeveloped, for decades, but they have become newsworthy in recent years. It was the “Kramer Lands” that was the last parcel the City of Langford needed permission to enter to be able to begin construction of the Spencer
Road Interchange, ultimately leading to the eviction of a civil disobedience tree sit in the path of the interchange. Skirt Mountain, for its part, has gained region-wide notoriety as the mountain hosting Bear Mountain Resort at its top, and the massive South Skirt Mountain development on its south face.
Ms. Kramer’s land contains, in the words of her attorney, “the only garry oak meadow in the vicinity,” though local residents point out there is a second Garry Oak ecosystem on her property closer to Spencer’s Pond. For years, local residents have volunteered to do “Broom Bashes” in that very meadow, attempting to make sure the scotch broom (an invasive species from Europe) doesn’t take over and damage the local ecosystem. Another Broom Bash had been scheduled for today. Those residents believed they were doing so with verbal permission given to them several years ago by Clara Kramer herself.
That’s not how the issue is seen by Langford Planner Matthew Baldwin, or a lawyer for Ms. Kramer, based on emails supplied by the local Broom Bashers. Those emails caused a flurry of activity last night to cancel today’s event facing the threats of possible arrest by the Westshore RCMP. In an email to the Broom Bashers, Mr. Baldwin wrote:
“…this email is to inform you that the area that you intend to work in has been designated as a environmentally sensitive Development Permit area for Potential Wildlife Habitat and Biodiversity, pursuant to Sec. 919.1(1)(a) of the Local Government Act. As such, no alteration of land may occur without first obtaining a Development Permit from the City of Langford. Other areas of the property may be similarly designated as Riparian Areas and/or as floodplain. Also, do you have permission from the property owner to do this work? If so, perhaps you could provide us with a copy of that permission. This will be required as part of a Development Permit application. While we appreciate that invasive species pose a risk to native flora and fauna and we commend public initiative, we cannot allow local bylaw and established procedures to be sidestepped. I would be happy to discuss issuance of a development permit for the work that you are proposing, provided that a plan describing the scope and manner of the work (as well as monitoring of the work) is provided by a qualified professional biologist. It is important to ensure that sensitive ecosystems are not inadvertently disturbed or destroyed, even if the aim is to protect them by removing invasive species.”
David Houston, lawyer, for Ms. Kramer, also authored an email, received closely to the one from the City of Langford:
“Be advised that you have no permission from my client to enter onto her lands either on the day listed on the web or at all. We are forwarding a copy of this email to the westshore detachment of the RCMP advising them of our position with respect to you or others entering onto the Kramer lands. We will be asking that anyone who enters onto these lands be arrested as a trespasser and charged accordingly.”
While Langford staffer Matthew Baldwin indicates that the broom removal parties should not continue without the advice of a professional biologist (and the suggestion seems to be the onus is on the public to retain the services of the biologist, as his email does not suggest the City of Langford intends to take on this responsibility), at least one biologist has already weighed in on the subject. Biologist Adolf Ceska, who also critiqued the environmental assessment on nearby Spencer’s Pond, has warned that the last of the Garry Oak ecosystem (which includes other plants and wildflowers than the Garry Oaks themselves) is fast disappearing under the broom cover. He also noted this particular stand of Garry Oak is a rare deep-soil stand.
Local residents argue that doing nothing about the broom risks it not only taking over the Garry Oak meadow, but spreading to the properties of local landowners. Does residents being barred from removing scotch broom mean that the property owner or the City of Langford intends to take on the responsibility, or will the area’s only Garry Oak meadow be fending for itself against invasive species? That’s a topic that, as yet, no one seems to be addressing.
Steven Hurdle is the author of Inside Langford, a blog covering politics and civic events in the municipality of Langford.
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I wouldn’t be surprised if Mrs. Kramer just decided she didn’t want the broom bashers on her property after allowing them to remove the invasive species in the past. I don’t know for sure but I guess she would be liable should any of those individuals sustain injuries on her property.
I am aware of invasive-species removal efforts in that Garry Oak meadow back as far as a decade, but yes people are more concerned with legal liability these days than they were even 10 years ago. Mind you, ten years ago Skirt Mountain was still a mountain biking mecca so a lot has changed in that time in the area.
I don’t think it’s a coincidence that this is now an issue. It’s impossible to know with out someone coming forward. With Les Bjola speaking on behalf of Clara Kramer in the past (http://www.canada.com/victoriatimescolonist/news/story.html?id=a0e4ac66-8d9d-4a83-b8f6-c2b45b64c45a&k=84681) I wouldn’t be surprised if he or someone else may be speaking for her again. I’m not sure the specific reason for them not wanting these people there but it’s likely related to future development plans. It would make more sense to let them do it and avoid the publicity rather than tell them not to, raise more awareness of the area, and then bulldoze it.
To add to my previous comment it’s also no coincidence that Clara’s downtown properties came up for sale immediately after dealing with Les Bjola. They had been sitting dormant for decades and then all of a sudden after making a deal with the trailer park property/interchange property For Sale signs appeared. There was probably some deal done for the property in Langford in exchange for assistance with the downtown properties.
It could be liability, but then why the letter from Langford? Only the property owner would be worried about that. Likely it is an old, sleazy developer trick:
1. Buy a property that you want to develop but for which there is resistance to doing so, either from locals, a heritage commission, the local council, wherever.
2. Let the property run down to the point that “something has to be done,” and/or until its original value is lost. (E.g: the property is overgrown with invasive species, the building is so far gone it cannot be preserved, etc.)
3. Bulldoze the property and develop.