Minnie and Stoney Lakes are public, but the Nicola Valley Fish and Game Club argues access remains limited (Image Credit: CFJC Today)

By Chad Klassen

PUBLIC LAKE ACCESS

Nicola Valley Fish and Game Club waiting to gain more lake access, recoup legal fees

Jun 17, 2019 | 5:19 PM

KAMLOOPS — The Nicola Valley Fish and Game Club won a court decision in December over access to a pair of public lakes near Merritt — but the battle is not completely over.

On Dec. 7, Supreme Court Justice Joel Groves determined both lakes are public. The cattle company had been using the lakes to operate its own private fishing lodge.

However, members of the club contend the Douglas Lake Cattle Company is trying to make access difficult.

“They’re still trying to stop us from accessing these lakes and our goal is to have a boat launch and an outhouse and a parking area at each lake, which (there) should be,” said club member Rick McGowan.

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During proceedings on Monday at B.C. Supreme Court in Kamloops, Douglas Lake lawyer Evan Cooke rebutted that the gates have been unlocked since the Dec. 7 ruling.

Cooke also told court on Monday the club’s request to swap land to make room for parking and other amenities was not part of the original trial.

There is a trail, created by Douglas Lake, to the lakes. Access on Stoney Lake Road, however, determined to be a public road during the trial, is still an issue, according to the club.

“The gate is open, but there’s no real road,” said McGowan. “You’re just driving across a field in tire ruts. They’re trying to make a case that a three-foot trail that goes nowhere is going to be the only access to Minnie Lake. So far, it’s childish and bizarre what’s going on.”

Court also heard arguments Monday as to who should be paying the fish and game club’s legal fees, which have amounted to $360,000.

The club’s lawyer Christopher Harvey argued on Monday “the club has done the Attorney General’s job for him. It has fought for public rights on behalf of the province.”

He added the province should bear some of the legal costs incurred by the club, along with Douglas Lake.

“We have raised $160,000 so far, but we’re still about $150,000 short of what we owe,” noted McGowan.

McGowan estimates the case, between all parties, has cost $1.5 million. They will be back in Supreme Court on July 5 to determine who pays the legal fees and how much public access is granted.

The Douglas Lake Cattle Company declined to comment to CFJC Today.