By Chad Klassen

Criminal charges present new twist in fight for access to Merritt-area lakes

Mar 16, 2019 | 8:00 AM

MERRITT, B.C. — Two members of the Nicola Valley Fish and Game Club are facing charges of criminal mischief and willful damage following an incident last year at Corbett Lake near Merritt. 

The charge recommendations against Rick McGowan and Domenico Abbinanti were forwarded to Crown counsel by Merritt RCMP after a member of the public and an employee at Corbett Lake complained about the alleged damage. 

“It was based on a complaint that was received last year with some public property that was damaged to gain access to the lake,” said Staff Sgt. Lorne Wood, Merritt RCMP’s officer-in-charge. 

McGowan says this is the second time he’s been charged with criminal mischief at Corbett Lake and the sixth time the Corbett Lake Lodge has taken him to court.

“We were charged with trespassing, which they dropped the day before the case. We were charged with criminal mischief, which they dropped the day before the case,” noted McGowan, a member of the fish and game club. “In both of those cases, Domenico and I went to Crown counsel in Kamloops and asked what it was that we were being charged with. Both times, Crown counsel said they did not have any file on it. So it appears that it was just the Merritt RCMP doing this themselves.”

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The Merritt RCMP forwarded the charges, but McGowan feels the detachment is acting behalf of the government and the Corbett Lake Lodge.

“I think that the government made a deal with Corbett Lake (Lodge) to buy their property for one dollar in return for building the berm and fencing, etc. to lock us out of Corbett Lake forever. And the fact that we’re pursuing it — they’re still trying to honour their agreement with Corbett Lake (Lodge) by keeping us the heck out of there. But there’s no law allowing them to do that,” said McGowan. 

The Nicola Valley Fish and Game Club has been involved in a fight over access to public lakes near Merritt for years. The club won a court case last year to gain access to Minnie and Stoney Lakes, which surround a resort owned and operated by the Douglas Lake Cattle Company.

McGowan says the club has faced similar challenges with Corbett Lake Lodge, which he feels is also using a public lake to run its private operation. 

“The laws as they exist, there are no private lakes. The Land Act defines the size of a body of water and then depicts it as a public lake. But what is going on is private people are trying to take control of public lakes for their own private use,” he said.
However, Wood says the charges have nothing to do with the Trespass Act. 

“It’s fairly minor. The bigger concern is that the damage itself could lead to other incidents,” said Wood. “And it’s been discussed with several individuals up there that it’s one thing to gain access to the lake, but if those actions lead to someone being injured, down the road or causing an accident on the highway, then that becomes a bigger issue.”

Meantime, McGowan says the club is keeping a close eye on the appeal by the Douglas Lake Cattle Company. Both parties are next back in court this summer. 

“We have a court date with Justice (Joel) Groves on June 16 to hear about the costs and to solve the access issues at Minnie and Stoney (Lakes). Then the appeal will go forward. We still don’t know exactly what it is they’re appealing. But that process could take almost a year. So this might be a lifetime project.”

The owners of Corbett Lake Lodge did not respond to CFJC Today’s requests for comment.