Following our analysis of the Vancouver Aquatic Centre plebiscite, we're moving into action. Last week, we personally delivered a notice of pre-litigation to the Vancouver Board of Parks and Recreation at 2099 Beach Avenue. While this notice was prepared as part of our broader legal strategy for potential class action proceedings that we may revisit later, it establishes an important foundation for our current judicial review approach.
Why Judicial Review Matters
Under Section 245 of the Vancouver Charter, plebiscite results carry binding debenture authority for the specific purpose approved by voters—here, renewal of the 50-metre lap and diving pools. When the Park Board redirects these funds or changes scope without voter consent, they risk contravening Section 258, which strictly limits debenture proceeds to their intended use.
Judicial review allows courts to quash decisions made ultra vires (beyond statutory power) or that are unreasonable given clear voter mandates. It's a powerful tool to ensure democratic accountability.
Forming "Protecting Our Vancouver Aquatic Centre Society"
To strengthen our case and unite community voices, we're currently incorporating a non-profit society called "Protecting Our Vancouver Aquatic Centre Society." The society comprises three committed volunteers with expertise in research, community outreach, and urban planning.
This society will coordinate legal strategy, serve as a focal point for community engagement, and potentially join proceedings as an interested party. Most importantly, it will allow us to be extremely transparent throughout this process with you regarding how funds are being spent.
Engaging Legal Counsel
We've consulted with Bojm, Funt & Gibbons LLP, a boutique firm renowned for municipal and administrative law. While we haven't yet engaged their services, they've reviewed our materials and are prepared to act once funding is secured. Their ongoing representation of the Stanley Park Preservation Society against the same defendants demonstrates both fit and strategic insight.
Crowdfunding the Fight
Legal challenges demand resources, so we'll launch a GoFundMe campaign soon. Contributions will help cover:
- Court filing fees and expert reports
- Counsel fees for judicial review
- Administrative costs of the society
By pooling small donations, we can fight to save the 50m pool at the Vancouver Aquatic Centre. Through judicial review, we're working to ensure the Park Board honors the voter-approved commitment to renew this vital community facility—upholding the binding authority of Section 245 and preventing violations of Section 258.
Stay tuned for details on how you can support this critical effort to protect our pool. It's not too late. Together, we can potentially still save the 50m pool that Vancouver voters specifically approved for renewal.
