Editor:
Oct. 3, 2023, was a very good day for Canmore. The decision of the Alberta Court of Appeal allowing the Three Sisters Mountain Village Properties Limited (TSMVPL) area structure plans (ASP) for Smith Creek and Three Sisters Village to proceed concludes over 30 years of community anger and division and provides a clear path forward for future development of the Three Sisters lands.
The text of the Court of Appeal decision sets out in very clear chronological order both the history and law related to the Three Sisters lands, starting with the 1992 Natural Resources Conservation Board (NRCB) decision. It is a very worthwhile read.
There were ample opportunities to resolve the anger and division within the community earlier if only Town council had the leadership and courage to do so. When the previous Town council had the opportunity to pass the ASPs with the most favourable provisions it was ever likely to achieve, many of which exceeded what was required by law, Town council lacked the leadership and courage to do so. Perhaps they were unduly influenced by the highly charged public hearing related to this matter, or perhaps the upcoming municipal election weighed on their minds, but for whatever reasons, despite the recommendations of their professional planning department staff, they defeated the two ASPs.
TSMVPL demonstrated leadership and courage in appealing council’s decision to the Land and Property Rights Tribunal (LPRT), which they had every legal right to do. Through that process, we learned the law was on the side of TSMVPL and the LPRT ruled unequivocally in their favor. With a municipal election intervening during the process, four new Town council members were added to the mix, two of whom had made it their mission to ‘Stop TSMV’.
Notwithstanding the intervening election, the new Town council, like the one before them, lacked the leadership and courage to make the decision to accept the LPRT decision and find ways of moving forward through bridging divides and healing wounds. Instead, they opted to look for political cover by appealing a lost cause to the Alberta Court of Appeal, a decision probably made easier knowing they were gambling with house money.
Town council lost the gamble and the Alberta Court of Appeal again decided the law was on the side of TSMVPL. Council had also legally committed to abiding by the decision of the Court of Appeal so this is the end of a long, painful and incredibly costly road. The costs will continue to come in as the Town and individual council members defend themselves against legal actions based on decisions that have now twice been confirmed as being contrary to the law. The costs will also continue far into the future in terms of lost opportunities, ever more costly built forms for much needed affordable housing and being forced to accept the Smith Creek and Three Sisters Village ASPs as originally submitted, without the amendments they could have had if they had shown leadership and courage earlier.
Decisions have consequences, which the community will continue to pay in years to come. It’s unfortunate the province has set the bar so high for recall of elected municipal officials, otherwise this would be a great opportunity to recall at least those elected officials who made it their mission to ‘Stop TSMV’.
We can only hope that like the cowardly lion in The Wizard of Oz that Town council finds the courage to move forward in a spirit of collaboration and hope, leading the community to do the same, rather than looking into the rearview mirror.
Hans Helder,
Canmore
