Town contemplates appealing Rattlesnake decision

The Town of Osoyoos council passed a resolution at Monday night's public meeting that they approach the Union of B.C. Municipalities and the Attorney General for assistance with respect to launching an appeal against the recent Rattlesnake Canyon decision.
In last week's judgement, Mr. Justice Brooke ruled the town's noise bylaw was invalid, thus leaving the town to pay the legal costs, including those of Rattlesnake Canyon.
Mr. Justice Brooke's decision also puts at risk the majority of municipal noise bylaws that use similar language in their bylaws, said Mayor John Slater at the meeting.
The town's solicitors have recommended that the town appeal this decision, in light of the potential impact on future judicial decisions affecting our town and other local governments.rnThe total legal costs to date in the Rattlesnake Canyon injunction application are $22,850, which works out to about $4.50 per Osoyoos resident.
Council is concerned about the significant costs involved in pursuing an appeal, but also acknowledges the need to balance the rights of municipalities to create legislation to provide for liveable communities, Slater said.
In cases where there are potentially significant negative impacts to local government in general, the Union of B.C. Municipalities will assist with funding an appeal.
As well, the Attorney General of B.C. may instruct counsel to intervene on the Town's side in cases of significant decisions that are considered to be error in law, Slater added.
Slater admitted that the town made some mistakes with respect to allowing Rattlesnake Canyon operate at a noise level that affected the surrounding community, but added the facility is good for the kids that work here and for the visitors.
We've gone on record over and over and said that it is a good facility, but it's too noisy. We do have by-laws in place to make sure that people obey them. If a business decides to ignore the bylaws, we take them to the wall, said Slater.
Councillors Ken Davreux and Dick Flintoft agreed with the decision to consider an appeal, saying that initiating legal action against Rattlesnake Canyon was the right course in order to protect the citizens of Osoyoos.
That's why we started this action and that's why we're looking at continuing to follow through on an appeal, said Davreux.
Council will meet again to consider whether they will launch an appeal, following a response from the Union of B.C. Municipalities and the Attorney General's office.