Hadden Park trio: Megan Carvell Davis, lawyer Robert Kasting, Kitsilano activist, Tina Oliver
On Monday, November 4, 2013 — the same day as the Special Park Board Meeting, about which we’ve written previously — lawyer, and former Olympian and renowned and respected administrative barrister Robert Kasting filed a petition, in the Supreme Court of British Columbia, asking that the Courts grant his client, historian Megan Carvell Davis, an injunction pending a hearing into the issue of the tenets of the Hadden Park Trust, which Mr. Kasting and his client argue the City / Park Board to be in breach of in imposing a 12-foot-wide bike path through Hadden Park. Here’s the precise Bob Kasting to better explain the legal events of the past week …
Administrative law lawyer Bob Kasting explains legal events of the week, re: Hadden Park
As Kitsilano resident and Save Kits Beach activist Tina Oliver wrote in the Press Release that was issued on Friday …
The land on which Hadden Park sits was bequeathed to the City by Mr. Harvey Hadden in 1928, with the stipulation that Vancouver City and Park Board “shall keep the property as near as possible in its present state of nature, it being the desire of the grantor that those using the park shall, as far as reasonably be, enjoy the same in its natural state and condition.”
In recent weeks, neighbourhood residents and other concerned citizens from across the Lower Mainland have held rallies protesting the section of the bike lane that would run through Hadden Park. Ms. Carvell Davis argues that this City-approved bike path is in direct contravention of Mr. Hadden’s wishes when he deeded the park to be used as natural parkland.
The City is Court-ordered to halt any construction of the bike lane through Hadden Park until the Court addresses Ms. Carvell Davis’ Petition. The date of the trial is yet to be determined.
As Ms. Carvell Davis states, “Harvey Hadden smiles upon us today: he would be pleased to know the park he bequeathed, for all citizens, for all time, has been protected.”
Now for some more good news. As the Vancouver Sun’s Jeff Lee writes in a story published on Saturday and headlined, Vancouver park board shelves Kits Beach bike path in wake of lawsuit, “The Vancouver park board has shelved a $2.2 million plan to separate bike lanes through Kitsilano parks.”
Park Board Commissioner Constance Barnes confirmed Friday afternoon that the entire project, from the Vancouver Maritime Museum through to the other side of Kitsilano Pool has been temporarily halted as a result of a citizen-backed lawsuit over one portion of the route.
“We’re putting the whole thing on hold because we’re being sued and we need to be respectful of the process,” she said.
The Hadden Park Trust hearing likely won’t occur til sometime in June 2014.
VanRamblings believes that the section of the Seaside Greenway bike path through Hadden and Kitsilano Beach parks will never be built.
At present, we are almost exactly one full year away from the next Vancouver municipal election. By June 2014, all of Vancouver’s municipal parties will have selected their candidates for office in Vancouver’s 2014 election. Vision Vancouver will hold their nominating meeting in June 2014, the same month the Hadden Park Trust issue goes to Court. The Justice who hears the matter will likely take time to reserve judgement on the issues respecting Hadden Park that have been placed before her or him.
Whatever decision is rendered by the courts respecting Hadden Park, Vision Vancouver will not order construction to commence immediately upon judgement, should the City prevail in the Courts — Hadden Park is simply too much of a hot-button issue. While construction of the remaining sections of the Seaside Greenway (completion set for 2017) continues, Vision will likely order construction of the parks portion of the Greenway halted until 2015, “pending extensive consultation with the public.”
Despite the information being fed to the sitting Vision Vancouver Park Board Commissioners that Strategic Communications (Stratcom) polling continues to show a convincing majority win for the party at all levels, VanRamblings believes that Vision Park Board Commissioners will be thrown out of office en masse on election night, Saturday, November 15, 2014.
As little as a 5000 vote loss by Vision Vancouver in 2014, at Council and Park Board, and a consequent gain by the Non-Partisan Association, would reverse the party standings, and result in a near-majority NPA government following the November 15th, 2014 Vancouver municipal election.
From the furore over the Langara Golf Course, to the potential foreshore destroying 30-foot-wide pedestrian and bike path Vision attempted to impose in the area between Kitsilano and Jericho beaches, from Vision Park Board Commissioners’ refusal to support the construction of a Killarney Seniors Centre, to the continue hubbub over the dispute, and attempted hostile takeover, involving Vancouver’s community centres, in the past two and one-half years, in all the years VanRamblings has covered Park Board matters, never have we witnessed a Park Board regarded in lower repute than the current Vision Vancouver-dominated Vancouver Park Board.
Make no mistake, the current Vision Park Board is far and away, and by any reasonable measure, the worst elected Park Board in the 125-year storied history of the Vancouver Board of Parks and Recreation. In 2014, the electorate will gleefully throw the bums out — an entirely deserving fate for the most tone deaf, anti-park Park Board to ever hold office in Vancouver.
And make no mistake, either, the Non-Partisan Association (NPA), or the New Progressive Association, the party of the purple revolution, are well-prepared to take a majority position on, if not sweep, Park Board in 2014. At present, there are 19 candidates vying for an NPA Park Board nomination, led by incumbents Melissa DeGenova and John Coupar — two of the most community-minded park advocates it has been VanRamblings’ pleasure to witness in our 40+ year coverage of Park Board.
VanRamblings is aware of an active “Draft Christopher Richardson movement“ — former NPA Park Board Commissioner, current Mount Pleasant Community Centre Chairperson, and one of the finest people you could ever want to meet — as a Park Board candidate, and a “Draft Sandy Sharma” movement, as well — she ran with the NPA for a Vancouver Board of Education Trustee position in 2011 — both of these individuals incredibly bright, compassionate, non-partisan and democrats of the first order.
In addition to Coupar, DeGenova, Richardson and Sharma, there’s another prominent, and well-loved Indo-Canadian candidate, a woman, as well as an organizer with the Save Kits Beach movement, who are being hotly pursued by the NPA. Should the NPA take power at Park Board in 2014, citizens will not witness the sort of arrogant, bullying and entirely anti-democratic style of decision-making that has defined the Vision Vancouver Park Board approach to governance at the Vancouver Board of Parks and Recreation.
With a majority NPA Park Board in place, the Hadden + Kitsilano Beach bike freeway parks portion of the Seaside Greenway will not proceed.
And what of COPE, you ask — you mean the party of “There are no parks issues, there are only development issues“? You have to ask yourself, why would the Vancouver electorate vote for another group of “we know what’s good for you, and we’re going to shove it down your throat” Stalinist miscreants to take the place of the current crop of former COPE members, now Vision Vancouver Park Commissioners? Without the voices of former, celebrated COPE Park Board Commissioner Loretta Woodcock running for elected office, or former Park Board Chair Anita Romaniuk, or even former Park Board Commissioner Tim Louis, in the mix to run for COPE Parks in 2014, COPE does not stand a chance in hell of electing a single soul to Park Board in 2014 — which is, we would suggest to you, as it should be.
In 2014, the Green Party will likely run one candidate for Park Board — whoever that candidate might be (and it won’t be former Green Party Park Board Commissioner Stuart Mackinnon, who will be running for a Council seat, along with incumbent Adriane Carr — who has been perversely silent on the Save Kits Beach issue, lo these many weeks — in 2014). As for the “other parties”: TEAM 2.0 will not run candidates for Park Board — the same is true for the upstart Cedar Party, Vancouver First, Neighbourhoods for a Sustainable Vancouver, De-Growth, and the Work Less Party.
GlobalBC Noon News: Hadden Park bike lane put on hold. November 8, 2013
Park Board General Manager Malcolm Bromley — one of the voices of reason in the whole Save Kits Beach schmozzle, and a candidate to replace Dr. Penny Ballem as City Manager, when she is seconded to Translink to become its new CEO, in 2015 — informed Save Kits Beach organizer Howard Kelsey Friday morning that the Special Advisory Committee on the Hadden and Kits Beach parks bike route “would be placed on hold pending the outcome of the Court action brought by Ms. Carvell Davis.”
Save Kits Beach organizer Howard Kelsey has issued this statement …
Lawsuits tend to pop up when our civic leaders do not do proper due diligence, or try to ram ill-advised initiatives through without proper planning or proper public consultation. In the case of Hadden and Kits Beach parks, a tremendous resentment has been built up, as the City’s “accepted bike route” was ‘intrusively’ rammed through an already delicate balance of recreational / user groups at Kitsilano Beach. Forcing cycling via a 12-foot-wide asphalt roadway ‘inside’ an already busy park, a bike highway that could be nothing other than the riskiest of park use activities — in a park well-used by Frisbee players, for family picnics, volleyball, tennis, basketball and other activities, into the relatively harmonious state that we enjoy now — is wrong, plain wrong.
Cyclists are welcome to cycle along the nearby roadway, where they can enjoy a great seaside view and experience. Everyone can ‘win-win’.
Until the Courts determine the outcome of Megan Carvell Davis’ lawsuit, as the Chair of the Canada One Athletic Foundation, I will remain active on issues that impact on park user enjoyment of Kitsilano Beach. While the Park Board Special Advisory Committee is ‘on hold’, along with the exceptional group of people I have worked as part of Save Kits Beach, collectively and working together we will remain vigilant in our work to preserve green space at Kitsilano Beach and Hadden parks.
As Howard, and others, pointed out to VanRamblings over the past 24 hours, “the fight is not over.”
GlobalBC NewsHour, 6pm: Hadden Park bike lane put on hold. November 8, 2013
The past month organizing with Save Kits Beach has proved to be one of the finest examples of grassroots movement politics we’ve witnessed, or been a part of, in the past 40+ years of community organizing activities.
Filmmaker / activist, Laurence Keane posted the following on Facebook …
A BIG high-five to our friends at Vision Vancouver, this was way more fun than last summer’s block party!
Vision dumped a surprise community project in our laps and challenged us to work together. And we did, we made a great team full of amazing, passionate individuals with so many disparate talents. It’s been a pleasure working with all of you remarkable guys and gals!
VanRamblings would like to pay tribute to Save Kits Beach folks …
- Howard Kelsey. The key media spokesperson for, and de facto leader of, Save Kits Beach, a tough, organized, hard-working guy, a former Olympian (his work ethic and dedication to task shone through each hour of every day), not a political animal — but an affable man who, through character and determination, pulled a group of concerned citizens together over the past month to rescue Hadden and Kitsilano Beach parks from the back hoes and assorted construction activities that would have imposed a 12-foot-wide asphalt bike freeway right through the middle of these two beautiful waterfront parks.
- Elvira Lount. Absolutely tireless, and like Howard, full of energy, whenever and wherever there was an event to be organized, Elvira could be counted on. Her Keep Kits Beach Wild Facebook page, as well as her own Facebook account, was day in, day out, the ‘go to’ to place for information on Save Kits Beach. Elvira’s photography is simply exquisite (there’s yet another example at the top, and end, of today’s post), her computer design skills exemplary, hers a fine mind of unparalleled creative talent and ability, her demeanour calm always. Elvira is at all times warmly engaging and inspiringly enthusiastic — and her addresses to our exhausted Park Board Commissioners, researched and reasoned in their line of unassailable argument.
- David Fine and Laurence Keane. David won an Academy Award for Best Animated Short for Bob’s Birthday. When days were looking darkest, David’s brilliant short, Kits Bike Path – The Movie, injected needed humour, perspective, wit, and a warm attention to the issues that we were doing our best to articulate to the public.
Laurence was the unofficial cinematographer of the Save Kits Beach movement, that’s his Utopia Pictures videos of all Save Kits Beach events over the past month, online, on social media, and on VanRamblings. We’re grateful to you for all your fine work, Laurence.
- The anonymous individual who drew the accurate bike path lanes through Hadden and Kitsilano Beach parks — you are owed a debt of gratitude from all of us in the Save Kits Beach movement, and all those who value of our parks and green space.
- Megan Carvell Davis, Tina Oliver and Bob Kasting. It was Hadden Park historian Megan Carvell Davis whose idea it was to bring suit against Park Board and the City of Vancouver to halt construction of the paved bike path through Hadden Park. Thanks to Megan’s unparalleled knowledge and insight into Hadden Park history, with the help of Bob and Tina, the imposition of a 12-foot-wide asphalt bike path through Hadden Park was stopped in its tracks.
Bob Kasting. Bronze medal winner in swimming, in the 4x100m Medley Relay, at the 1972 Summer Olympics, in Munich, and multiple medal winner at the Empire, and the British, games, Bob came on board, not as the legal counsel for Save Kits Beach, but rather for Megan Carvell Davis. The respect Bob has garnered in the legal community, and a style of presentation of argument (as can be seen in the video near the top of this post) that is both devastating in its peerless internal logic and presentation, and a wonderment to behold, has carried the day for all of us who care passionately about our parks, our green spaces as oases of tranquility amidst the hurly burly of our daily lives.
- John Coupar and Melissa DeGenova. Prior to the October 7th Park Board meeting, it was John Coupar who first raised the issue of concern with Howard Kelsey, and with the media, respecting the paved bike path through Hadden and Kits Beach parks — in respect of the dark decision-making at Park Board (par for the course for Vision Vancouver) that imposed a 12-foot-wide asphalt bike path through the parks, sans consultation and public outreach.
The Save Kits Beach movement was born October 9th. John has been present at each activity conducted by Save Kits Beach, and has spoken out publically to anyone who would listen, about the travesty that would occur should a paved bike route through the parks be imposed. John’s father was a horticulturalist, and as a consequence he emerged in his adult life as an advocate for parks and horticulture.
Working to save the Bloedel Conservatory situated in Queen Elizabeth Park, between the 2008 and 2011 election, when it appeared that Park Board was going to sacrifice the Bloedel Conservatory to the altar of “fiscal responsibility” (and in the process destroy / desecrate an iconic feature of the Vancouver landscape) was what ended up bringing John into politics, although he’s far from what most of us would consider a politician to be. In fact, where many of those in the political realm are driven by expediency that is not the case with John — if you look up the word integrity in the dictionary, John’s picture accompanies the definition. Over the past two years, John Coupar has gained the respect of everyone whose path he crosses — including the Vision Park Board Commissioners; it is quite simply an impossibility to not like and admire John Coupar. We in Vancouver are fortunate to have John as an elected representative, as an ardent, articulate advocate for parks.
John conducts the best research of the two NPA Commissioners, and finds his way to putting on the Park Board table a reasoned, coherent, and unassailable argument (doesn’t mean his Vision colleagues don’t ignore him — they do, and call him names in the process, all the while impeaching his integrity, character, reputation and good name, to the extent that John has to, consistently, take his Vision Vancouver
Melissa DeGenova, on the other hand, is one tough cookie — it is Melissa who consistently holds Vision’s feet to the fire, and is present to support and encourage every initiative that her NPA Park Board Commissioner colleague John Coupar undertakes. Melissa is the ‘politician’ of the two NPA Park Board Commissioners — she knows procedure, she’s quick on her feet, and despite the worst, most abusive treatment directed toward her by her Vision Vancouver Park Board Commissioner colleagues [we’re talking ’bout you, Aaron Jasper, Niki Sharma, Constance Barnes, Trevor Loke, and — less often, but often enough — Park Board Chair, Sarah Blyth] — that VanRamblings has ever had the misfortune to witness in the political arena, at any level of government - when most of us would be running home to cry to our moms - Melissa consistently gives as good as she gets, and time and again she bests her woefully inept, mean-spirited, and terribly bullying Visionless Park Board Commissioner colleagues.
Park Board Commissioner colleagues to task, and even then they ignore him, as if being a person of integrity is something to be scorned).This past Monday, November 4th, Melissa outdid herself. Melissa’s address to her Park Board colleagues — and to the approximately 100 members of the public who were present just as the vote was to be taken on John Coupar’s motion calling for “transparency of process” in the determination of a final route for parks portion of the Seaside Greenway — was, quite simply, the single most moving evocation of community spirit and commitment to democratic engagement at the Park Board table that we have ever heard voiced and been witness to; we were, all of us who were in attendance, in awe.
- Sandra Thomas, Jeff Lee, Jennifer Palma, and all the media. Without the inveterate coverage of the Save Kits Beach movement by Sandra Thomas in The Vancouver Courier — whose writing on parks issues, as has long been the case, is incisive every time, and without peer — and Vancouver Sun municipal affairs reporter, Jeff Lee — the finest writer on municipal affairs of a generation (the citizens of Vancouver must remain grateful every day that Jeff did not take ‘early retirement’ — particularly now that a Vancouver municipal election is looming in the next year) — not to mention, the indefatigable Jennifer Palma, at Global BC, whose command of the core Save Kits Beach issues, Park Board and City governance amazed, and whose humanity and intelligence shines through in all of her reports on Save Kits Beach.
And let us not forget, Steve Bohus and Randy Helten at CityHallWatch, who were the first in the media to jump on the Save Kits Beach issues and report out, and Sam Cooper at The Province who wrote to deadline with a keen intelligence and precise understanding of the Save Kits Beach issues, and Charlie Smith and Yolanda Cole, at The Straight — the ‘go to’ place to read about what’s going on in our City. And to award-winning producer and host of The Rush on Shaw TV, Fiona Forbes, who has stood with Save Kits Beach since day one.
And lest we forget, freelance writer Bob Mackin, the hardest-working ‘holding the pols feet to the fire’ / ‘no fear, no favour’ muckraking journalist to emerge on Vancouver’s ‘often too polite’ Vancouver media scene in years and years, whose ‘down and dirty’ — and always relevant — local coverage of parks and civic issues is without peer.
As well as, the news department of our public broadcaster, the CBC; the production team at CBC Radio One’s The Early Edition, and host Rick Cluff, and to all those in the media who assisted those of us involved in the Save Kits Beach movement to inform Metro Vancouver residents in order that they might better understand what was at risk contingent to the issues Save Kits Beach sought to bring to the fore — the loss of Hadden and Kitsilano Beach parks as places for families to gather, for folks to play tennis, basketball and volleyball, sit in peace under the maple trees on the north end of Kits Beach, or picnic with their families, or to sit on one of the memorial benches placed along Hadden Park, in order that we might gaze in wonderment across Burrard Inlet, to the mountains, English Bay and the ever-burgeoning towers of the West End — to recognize what we were at risk of losing should a 12-foot-wide asphalt bike freeway be constructed within the midst of two waterfront parks of unsurpassed beauty.
Those of us involved in the Save Kits Beach movement will remain grateful always for the coverage by Vancouver media that informed and enlightened, and allowed Save Kits Beach to get our message out to all among us who love Kitsilano Beach and Hadden parks.
- To Randey Brophey, who has won accolades in the community and online, for taking the fight for the preservation of Kits Beach and Hadden parks to the Park Board Commissioners, a man of clear conscience and integrity, with the support of everyone who knows him, and everyone who comes to know him.
To Maria Coehlo, who emerged as one of the keynote speakers at the Sunday, October 20th Save Kits Beach rally, and the first person to bring to light the safety issues that would impact on park users - and, most particularly, small children - should the paved bike freeway be imposed by the City.
To Lynne Kent, who played a pivotal role in the Kits Point Residents Association, who when she’s not working with the Save Kits Beach folks, fulfills her role as President of the Executive Committee of the Board of YWCA Canada. Somehow in her busy schedule, no matter the time day or night, Lynne was on her computer sending out and responding to e-mails, her reasoning on every issue impeccable, her voice at the October 20th rally, clarion. In addition, Lynne introduced Megan Carvell Jones to Tina Oliver, who in turn introduced Megan to Robert Kasting — the rest is, of course,
history.Adam Smith played a pivotal role, as well, not only as a member of the Kits Point Residents Association, but in large measure as the ‘communications’ / social media / rally the troops guy, the person who worked most closely with Lynne Kent, and in some measure, one of the individuals who was the glue that held us all together.
And to Jason Johns, parent and Kits resident, who spoke out November 7th at Park Board, and has worked with Save Kits Beach every step of the way, as has Don Shaw, Bill Hooker, Mike Lount, Julian Phipps, Gloria Sully, Grant Vanderhoek, we hope-the-soon-to-be NPA candidate for Mayor, Ian Robertson, Colleen Hardwick (migawd, Colleen, those early videos of Hadden and Kits Beach parks), Garry Chalk, Ken Leung, and far too many more names than we have space to mention in this blog post — each of whom has made a contribution of tremendous import to the Save Kits Beach movement that has, now, stopped the parks portion of the Seaside Greenway dead in its tracks.
- And to all those who commented frequently on Facebook, wrote letters, attended the rallies and media events, encouraged all of us whose lives were overtaken by work on the Save Kits Beach movement, to Anita Sigur, Catherine Welsh, Pauline Maden, Ricardo Zborovszky, Chris Cross, Roni Jones, Jane Burkart, Jamie Lee Hamilton, Stuart Mackinnon, Connie McGinley, and oh so many more, thank you, thank you for your support — we couldn’t have done it without you.
- Sandra Thomas, Jeff Lee, Jennifer Palma, and all the media. Without the inveterate coverage of the Save Kits Beach movement by Sandra Thomas in The Vancouver Courier — whose writing on parks issues, as has long been the case, is incisive every time, and without peer — and Vancouver Sun municipal affairs reporter, Jeff Lee — the finest writer on municipal affairs of a generation (the citizens of Vancouver must remain grateful every day that Jeff did not take ‘early retirement’ — particularly now that a Vancouver municipal election is looming in the next year) — not to mention, the indefatigable Jennifer Palma, at Global BC, whose command of the core Save Kits Beach issues, Park Board and City governance amazed, and whose humanity and intelligence shines through in all of her reports on Save Kits Beach.
If you’ve not signed Margaret Partridge’s petition, we would ask that you do so now, and tell your friends about what’s been going on between the Vision Vancouver-dominated Park Board, and our beautiful Hadden and Kitsilano Beach parks, and ask them please to sign the petition.
Hadden Park Injunction Press Conference. Courtesy of Elvira Lount. November. 9, 2013
