People's right to (mass) gather avoids RDCK governance
By Timothy Schafer
A draft bylaw limiting and governing mass gatherings in the regional district was struck down by the regional district board of directors late last week.
The Mass Gatherings Bylaw never saw the light of day, even after a few complaints from some Area D residents put the draft bylaw on the Regional District of Central Kootenay radar last year.
However, it was deemed that, given limitations for enforcement of a mass gathering bylaw on Crown land — and without additional RDCK staff time and resources — the resolution to create the bylaw was not pursued.
“We were going to have to get an Order in Council to proceed. There were so many obstacles,” said Area D director Andy Shadrack. “So we decided against it.”
In June of 1970 authority was bestowed on the RDCK from the Province to regulate special events (mass gatherings) through Supplementary Letters Patent. In 2000, the Local Government Act replaced the SLP but still provided broad service powers to the regional district.
However, regional district enactments do not bind or affect on Crown land, therefore a regulatory mass gatherings bylaw would have no jurisdiction on Crown lands. The RCMP would need to provide enforcement through trespass or some other relevant mechanism on provincial land.
A wave of raves (electronic music parties) in the Kaslo area and Taghum Beach last year prompted complaints and the request to draft a bylaw to regulate mass gatherings, since there were no specific bylaws in the RDCK system to deal with them.
The complaints from residents in the Village of Kaslo highlighted that the regional district needed a “mass gatherings” bylaw for the police to have additional authority to control them.
Raves were held just outside Kaslo on both the May and August long weekends, with Bassfest, held on Crown land, and Loki, held on private land. The organizers of Bassfest were charged $4,744.94 for the costs incurred to clean up the site and restore it to its natural condition.
As well, two raves attracting over 600 people each time have been held in Winlaw on private land in the last year, with RCMP attending on each occasion.
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