Friday, June 17, 2011

Trust Review or Legislation Review?

Lest we become a highly regulated 'zoo-illogical' garden for humans we should consider becoming a municipality ASAP!

It was 'heart warming' to see a majority poll recently in the Driftwood supporting an Islands Trust review however as much as that may seem the answer to all that ails the community regarding more effective local governance, it has a downside. The discussion could devolve into years of a naval gazing exhaustive review of the history of the Islands Trust, when the focus needs to be kept squarely on the Islands Trust 'Act' itself, its legality and ramifications line by line.

As we all know, Peter Lamb has, through the Driftwwood and Islands Tides more than adaquately documented the growth of this bureaucracy over the years, essentially providing a pretty good review of the Trust already. I don't think anyone has quite the Trust allegiance or knowledge base to compare to this exhaustive study Mr. Lamb has done. That said, the focal point of a Trust Act review should rather be to study with great clarity and precision whether the original legislation passed by the NDP in power at the time, had enough foresight to empower a balanced approach to the future needs of island communities?

Looking at the evolution of Islands Trust bureaucracy it is clearly askewed to address environmental concerns in land planning and that is not an adaquate basis for providing comprehensive governmental services. Good local governance is about harmonizing the community balance between our social, economic and environmental needs. If what we have seen transpire over the years is any indication, then I suspect that a review of the Islands Trust Act may reveal that it simply cannot, as it is legislated, empower balanced community growth. History shows that it overly politicizes land planning and destroys social and economic growth from within by slowly regulating and eroding the democratic rights of residents and businesses in favour of the environment over peoples' needs. As things stand, existing Trust policy based on the original Act may be best applied to parks not inhabited areas of any significant population such as Salt Spring Island and that is where we should perhaps draw the line; population density within a given region = incorporation no need for a referendum!

So my point is to keep our eye on the ball (puck?) to those of us interested in comprehensive local governance, to ensure a review of the Island Trust Act itself not the Islands Trust per se. It is this cornerstone NDP legislation that allowed for the creation of this EXTRA layer of bureaucratic taxation that needs clarification. A serious review of both its original legal promises and retraints and even its constitutional legitimacy in being applied exclusively only to islanders for the the so-called benefit of all Canadians.

Any seriously effective challenge to the power base of the Islands Trust will need to be found at the legislative root creation of the institution. Clues to be found within the Trust Act itself, the Object of the Trust and the oaths Trustees take upon being elected, otherwise we are wasting our time on a minutia of redirected energy away from finding solutions to our growing community needs.

As Trust bureaucracy has grown and as Trust Council has more and more been co-opted almost exclusively by enviro-centric Trustees we are seeing a huge negative impact on social and economic balance so neccessary to the survival of island communities.

I think Eric Booth made an excellent point on his CFSI Trust Matters Radio program (on at 5:00 PM Thursdays) when he indicated that the Coffee Company application to the Trust may have been the trigger point when the community woke up and 'smelled the coffee" so to speak. Since that time people have been informing themselves and starting to pay attention to just how detrimental this organization has been to natural community growth.

Salt Spring Island has reached a critical population mass where a simplistic Trust-based local governance is not adaquate to address the wider range of community services that the Islands Trust Act was never intended to address. The taxpayer cannot continue to afford to support this unincorporated disarray of services as we currently fund on Salt Spring Island. The reality is that only a municipal option is available to us to bring all these services under one fiscally responsible roof. Incorporation may be the lesser of two evils but it is expedient, efficient and most importantly provides representation from a much wider field of intelligent people who might run for office especially if it were not for the limitations of the Trust Act mandate itself.

In other parts of Canada, the community land planning function is not confused or pointedly politicized by being an elected position, they are appointed and yet still serve as adaquate commissions to regulate development.

Sorry for the length of this folks, I have been away for awhile ;-)

3 comments:

  1. Welcome back Paul! It is good to have you back, hear your thoughts and analyses. Absolutely agree with everything you write! Hope you'll also be speaking at the Public Hearing on Tuesday.

    ReplyDelete
  2. I t seems to me that somehow you believe that the normal development model is OK. The standard municipality is what has landed us in this mess in the first place, unless you believe that there is no environmental problem.The author favors appointed land use planning rather than elected.I certainly hope the Trust has and environmental bent. Why not read Sheila Malcomson's reply to all this nonsense. There has also been a survey to judge the peoples' support of the Trust and it was overwhelmingly in favor of the Trust. You can Google the Trust website for all this information. There are always a certain number of people who are unhappy with their local government. The small number in the Trust area speaks well for the Trust.If your are trying to raise that number by cute little spending displays and spreading misinformation then I would suggest your readers inform themselves, unless you are an anarchist in which case any government is wrong since you want to be the dictator.

    ReplyDelete
  3. I am not in favour of "normal" anything or "business as usual" or an autonomous decision making body like a Trust feigning the notion of being a sufficient local government. No-one is arguing that we shouldn't all be more environmentally aware when making decisions, however skewed poll analysis that shows overwhelming support for the Trust by non-residents is unimpressive.

    I believe that at least our local Trustees are beginning to show some interest in listenting to *all* the community finally as seen in the latest modifications to bylaw 448 and the shelving of bylaw 449 for the time being. If we can make a difference when we speak, then anarchy is avoided. Good governance starts with individuals willing to responsibly govern their own actions first.

    ReplyDelete