Elderly Kamloops fishers lose legal fight to fish for kokanee in nearby lake
Elderly Kamloops fishers lose legal fight to fish for kokanee in nearby lake
An elderly group of fly fishers who claimed that not being able to put their boats in a Kamloops area lake was an infringement of their human rights have lost a legal challenge. According to a July 18 BC Human Rights Tribunal decision, members of the Kamloops Fly Fishing Association...
An elderly group of fly fishers who claimed that not being able to put their boats in a Kamloops area lake was an infringement of their human rights have lost a legal challenge.
According to a July 18 BC Human Rights Tribunal decision, members of the Kamloops Fly Fishing Association and Kamloops and District Fish and Game Association argued the lack of a useable boat launch at Paul Lake Provincial Park was age discrimination as it made it impossible for elderly members of the club to fish for kokanee salmon.
"They want to fish for kokanee salmon, but they cannot get to the kokanee without a boat, and they cannot safely use car-top boats," the decision read.
The decision said because the Ministry of the Environment put bollards on a boat launch on the lake they weren't able to put their large high-speed boats, which are on trailers, into the water.
However, anyone with the ability to lift a boat off a vehicle's rooftop could access the lake and head to the deep water where the kokanee salmon swim.
The fishing club members argued because they were seniors with the physical conditions associated with aging they weren't able to do this.
This they said was age discrimination.
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While large motorboats are allowed on the lake and many owners of the properties around the lake have big boats, the fishing club member argued it was "unfair" that owners on the lake could use their large high-speed boats but they couldn't.
The Ministry of the Environment, which is responsible for BC Parks, argued not all provincial parks have the same facilities and that the bollards exist to protect the lake from the damage caused by large boats.
The Ministry argued there's a wheelchair-accessible dock which they can fish from.
However, the elderly fishing club members said the kokanee salmon don't swim near the dock and members needed to get to the middle of the lake where the salmon were.
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The Ministry argued it needs to balance the interests of all users at Paul Lake, including environmental concerns, the interests of Tk'emlúps who oppose the use of large high-speed boats, and other park users, who do not have large high-speed boats.
The fishing group also argued that a speed limit on the lake would accomplish the same purposes as the bollards, but failed to present evidence of how this would be implemented and enforced, and whether those living on the lake - who can use their high-speed boats - would be opposed to it.
Ultimately, the Human Rights Tribunal dismissed the fishing clubs' case.
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