Community Members Bring Mudge to Islands Trust Quarterly Meeting...Demand Real Action
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During Tuesdays Trust Council meeting in Nanaimo, MICA members and other concerned residents from Mudge Island delivered a series of compelling presentations. These "Delegates" addressed critical issues regarding bylaw enforcement practices, calling for specific reforms to improve fairness, discretion, and community relations. Here’s a recap of the key points raised by each speaker.
Nigel Stoodley: Accountability in Bylaw Enforcement
The first speaker highlighted several pressing concerns regarding bylaw enforcement officers:
Bylaw officers claim they "must" investigate all complaints, leaving no room for discretion.
Officers often search for additional infractions outside the scope of the original complaint, creating an atmosphere of intimidation.
The current approach feels prosecutorial rather than supportive, with little focus on achieving voluntary compliance.
The Request: The speaker called for a “no” vote on Policy 5.1.1, which doesn’t align with the Ombudsman’s recommendations and fails to grant discretion to bylaw officers.
They proposed:Empowering Local Trust Committees (LTCs) to decide when complaints warrant investigation.
Including a Code of Conduct for Bylaw Enforcement to ensure respectful interactions.
Separating compliance from enforcement, establishing a compliance team to focus on voluntary resolutions.
***During this presentation, Trustee Luckman interrupted, challenging the claim about officers looking for additional infractions, leading to a notable reaction from the group and a defense of MICA’s right to speak. Rich Brooks: Financial and Policy Concerns
The second speaker addressed the financial and procedural impacts of the current bylaw enforcement process. Key points included:
Policies were developed by staff without community input.
The policies lack necessary discretion, an essential element in effective bylaw enforcement.
There is ongoing confusion over the “may/must” terminology, with staff interpreting “may” as “must” for investigations.
FOI-revealed complaint letters show instances of vexatious and defamatory content, which staff have denied.
The Request:
Vote “no” on the proposed policies.
Introduce public consultation on policy changes, following the Ombudsman’s recommendations.
Clarify the “may/must” issue in policies and adopt the Ombudsman’s guidance on administrative fairness.
***A Trust Council member noted that a significant portion of the Ombudsman’s report, especially around fairness and discretion, had not yet been adopted.
Lana Exley: The Need for Reasonableness and Fairness
The third speaker focused on the need for discretion, fairness, and reasonableness in handling complaints.
Residents reported that bylaw officers often hesitate to close files, even when evidence refutes the allegations. This practice has left many feeling intimidated and unsettled.
The Request:
Incorporate discretion into the policy to allow bylaw officers to dismiss complaints that don’t meet the threshold for investigation.Empower bylaw officers to close files quickly when evidence has been provided.
Instruct officers to review all complaints received this year and close those containing speculative, frivolous, or vexatious language.
***When asked, Council admitted they did not have statistics on how often discretion was used to reject complaints.
Susanne Jakobsen: The Personal Impact of Vexatious Complaints The final speaker, speaking on behalf of another resident, shared a deeply personal story. Through a recent Freedom of Information (FOI) request, the resident discovered that a member of the Islands Trust had formed a negative opinion of them based on a vexatious complaint letter. This type of personal attack had taken a toll on their mental health. The Request: The speaker asked the Trust Council to focus on restoring the mental health and well-being of the community, which has been damaged by these ongoing issues. A Call for Change
As the public portion of the meeting concluded, Trustee Luckman acknowledged the seriousness of the issues raised by the Mudge Island community. Residents now hope that the Trust Council will take meaningful steps toward addressing their concerns and reforming the bylaw enforcement process.This meeting serves as a reminder of the power of community advocacy and the importance of fair, reasonable, and transparent governance. The new bylaw policy as drafted was not adopted and the staff is going to continue to work on this as well once there is a New Chief Administrative Officer, they will consider outsourcing this work.Lana Exley aka Speaker 3
Sumbitted by Lana Exley - Aka Speaker 3
