A contractor hired to oversee logging on a Sechelt property and that site’s numbered company owner were sentenced for violations of the Heritage Conservation Act June 16, in the first ever sitting held at the n longhouse.
Grant Starrs, 55, of Sechelt and 0990199 小蓝视频 Ltd. both pleaded guilty to the That area was occupied by the graves of 49 shíshálh people, according to the statement of facts entered by federal Crown counsel Molly Greene.
Provincial Court Judge Robert Hamilton accepted the joint submission of the Crown and defence attorneys, and fined the company $200,000, payable within five business days. Starrs was fined $30,000 and given 90 days to pay. Each is also to pay a victim surcharge of 15 per cent of their fine amounts.
Kin Kwok Chung, a principal with 0990199 小蓝视频 Ltd., also faced the same charges, but was not sentenced personally.
Reasons for decision
In issuing his decision, Hamilton stated the fine to the company was four times higher than previous ones issued for such violations of the Heritage Conservation Act.
“It is a statement, recognition of how serious this case is,” he stated, calling the proceedings and the protocols conducted by the Nation before the court’s call to order “a very moving experience.”
He stated the fines were a “fair outcome from the legal perspective” but pointed out that “the law is a bit of a blunt instrument.” In relation to those moneys being payable to the province as “general revenue,” he encouraged the more than 100 people in attendance, which included representatives of the District of Sechelt council, Sunshine Coast Regional District (SCRD) board and Town of Gibsons council, to write to the province to ask that it consult with the Nation on where and how that money should be spent. He explained that nothing in the statutes allowed him, in his capacity as a judge, to issue such a direction to the province.
Starrs and Chung made statements at the sentencing, both expressing remorse. Starrs who stated he had lived in the area since the age of three, said he recognized “the hurt and pain” his actions caused and “if I could change the past, I would.”
Offence details
Greene outlined in her statement that archaeological features were identified and the subject site was added to the Nation’s database in 2015. In 2018, the company entered into an agreement with the Nation about logging on the property and a 200-metre buffer zone around the archaeological site was established and flagged. In the spring of 2020, logging activities occurred within what was to be the protected area and disturbance to the site was documented by the Nation.
She noted that the value of the timber harvested was just over $51,000.
‘Unprecedented’ proceedings
Hamilton called the proceedings “unprecedented in the province,” noting that when he was approached regarding holding the sentencing in the longhouse, he had concerns about logistics. When assured requirements could be met, he said the venue decision was a “no-brainer” noting he was glad to see how many members of the public attended.
The court heard impact statements from former shíshálh hiwus Warren Paull, who was the Nation’s leader at the time the violations occurred. He stated his community “knew our ancestors were there” and had asked the province for the return of the property to Nation jurisdiction. As for the damage, he said, “this should not have happened.”
“I can see the destruction from my living room,” former hiwus Garry Feschuk told the court in his statement. Citing his sadness about the destruction, he said he could not accept an apology from the offenders.
“What has happened here cannot be rectified,” said former hiwus Calvin Craigan in his remarks to the court, speaking not only to the disruption of the ancestors' final resting places but to the loss of traditional medicines when lands are logged. He called on all to be “stewards of the land” the Nation shares with others.
The Nation’s healing work
The court docket called for an 11 a.m. start, but the formal sentencing followed Nation protocols. xwash (Steven Feschuk) shíshálh protector of culture introduced those, stating “the work takes the time it needs to take.”
Included were traditional songs of welcome and prayer, as well as the presentation of a blanket and armband to Hamilton.
After the sentences were delivered, lhe hiwus yalxwemult (Lenora Joe) thanked all who had gathered to bear witness and stated the Nation’s commitment to “uphold our culture at every turn … and to work collaboratively with our neighbours.
“We will protect the land, we will protect the water and our people.”
Witnesses to the proceedings
Also part of the Nation's process was the identification of four witnesses to the sentencing proceedings, who were called on at the conclusion to provide their accounts. xwash explained this was in respect of the traditions of oral history. Included were Nation members Candace Campo and Chris August, Sechelt councillor Brenda Rowe and SCRD board chair and Sechelt councillor Alton Toth.
“We are the land and the land is us,” witness Campo voiced in her statement, stressing how the damage touched all in her community.. “Our wealth is not in our bank account. Our wealth is in our relationships.”
August recounted “heaviness” in his heart. As a member of the Nation’s staff he said he “was on-site to see the desecration and damage” the logging activity caused but focused his statement on the need for change.
“We can do things differently. We know the Heritage Act is weak,” he said as he implored local community leaders to lobby the province to strengthen the act, so that such violations “can’t happen again.”
In her statement, Rowe reflected on the pain she saw in the faces of many at the gathering and committed to do what she could to see improvements made. “Brilliant” was the view she voiced in relation to the judge’s decision to hold the sentencing with the Nation.
SCRD board chair Toth said what he witnessed was an effort from the courts on reconciliation. As someone born and raised on the Coast, he stated the destruction “shouldn’t have happened” and being at the proceedings had left him feeling “extremely sad, extremely heavy,” closing with an expression of thanks to the Nation for being allowed to attend.
The gathering culminated with a song; the tones of the Nation’s drums and voices resonating with strength throughout the longhouse.