Tuesday, June 14, 2011

Lawyer Letter from Lantzville, BC


Late Friday afternoon, June 10th, we were served 


with a letter (link to letter posted below) by a Law 


Firm from Victoria, informing us that the District 


of Lantzille, City Council, is taking further legal 


action against us. We have been fighting this fight 


since September of last year.






After eight months, we are feeling harassed and tired. 


We rely on people to use this information each in 


their own way. As many of you know, we only grow 


less than 5% of our food on Vancouver Island, thus 


over 95% is imported. Furthermore, there is only 2 


days fresh food supply in our grocery stores. As 


more people move here, and the population 


increases, combined with natural disasters and 


global unrest, food, water and climate change are


the three big, global issues today. It is becoming 


increasingly evident that the local food movement 


is the most powerful tool we have to create a 


shift in our current culture.

We look forward to seeing how people respond 



to yet another attack on those who are thinking 


about the future, our children's future and doing 


their best to create a world that we can all live 


in. Thank you in advance for the action you will 


take in support of sustainability and local food.





Yours in service,





Dirk and Nicole http://www.synergymag.ca/wp-co

ntent/uploads/2011/06/DOL-Lawy


erLetter-06-10-11.jpg

Yesterday at 19:46 ·  ·  · 

    • Tara Hannaford Qua ‎3 weeks, and then what? more paperwork and harassment? This has to stop.
      Yesterday at 19:55 · 

    • Wendell Rylander Do you have a legal fund set up yet that one could donate to?
      Yesterday at 20:07 ·  ·  3 people

    • Renessa Bak 





      Dirk and Nicole, may the wait on your shoulders, life, easily as my thoughts have come to mind . . and while I never spoke up . . . this time . . for you guys. . . realize. . . you are speaking of much more than providing a wee percentage of the food for Vancouver Island.
      When first I heard . . was it marlene Ditrich or . . ah, it no matter, they spoke of needing to eat the food you count on for your life.
      Realize what the plants do for us. . . they take the element called water and l'eau by the french and lord knows. . . bet. . . that would make an awesome blog. . . what is your language's name for water?

      Yesterday at 20:27 · 

    • Renessa Bak the element which is the happy medium tween the cosmic consciousness and the matter from which life springs forth from planet earth . . . when first I heard of we need to live within 50 miles of the food we live on. . I thought, ha ha. while now? ? ? will share more later, wish attend well as post another picture in the labum. of pics I took while wisiting with here.
      Yesterday at 20:44 · 

    • Kathy Plant i don't want my taxes paying for this nonsense. how are they able to do this without approval from all the councilors? was there a secret board meeting? i don't get this council at all.
      Yesterday at 20:59 ·  ·  2 people

    • Janice Diane I'm speechless!
      Yesterday at 21:28 · 

    • Sarah Wallbank You wont be paying, Kathy. Without support, and if they lose, then Dirk and Nicole will be.
      22 hours ago · 

    • Dirk Becker Recently i spend 2 days a whole year of council minutes.
      Most most meetings involved an in camera "secret meeting" at the end. Many of those since june last year would have at least involved if not been specifically about us. Those references can be found on the Lantzville city website.

      15 hours ago · 

    • Dirk Becker We are thinking that in addition to writing to the mayor and council, it is time to go beyond Lantzville Council.
      We need to contact our MLA's, MP's and the Minister of Agriculture to have the Provincial Legislation changed so that the Right to Farm Act protects Urban Farmers.

      15 hours ago ·  ·  1 person

    • Kathy Plant we got a flyer yesterday promoting http://mayorhaime.ca
      i wonder if our taxes are paying for that bit of fluff .. argghh
      15 hours ago · 

    • Dirk Becker 





      Ian McElroy Start contacting the press and get the MLA's and MP's involved. Once you start making it an election issue against the Council they will start backing down.


      Don't give up man, we need you.
      7 hours ago · Like · 1 person


      Ian McElroy Have you talked to the city planner as well? That would be the first step to find a workaround. If the planner won't help because it going towards the courts, or it has become a political issue, you'll need to get a zoning lawyer. There are at least two outfits in Nanaimo, maybe called the small scale food producers association and another (?) that have their own lawyers that would help you out if they got behind you.

      The best bet is to talk to the city planner to see if they will help you find a way to work around the zoning issue.

      Also, just for a kick in the teeth, the city of Nanaimo advertises small scale food producers on their webpage.
      http://www.tourismnanaimo.com/calendar-of-events/bowen-road-farmers-market-10/

      7 hours ago · Like

      Ian McElroy See if these groups can help you out:
      http://www.fooddemocracy.org/

      http://www.cityfarmer.org/
      http://www.ssfpa.net/
      http://www.nanaimofoodshare.ca/
      7 hours ago · Like · 1 person

      14 hours ago ·  ·  1 person

    • Dirk Becker 





      Dwayne Radke "We advocate for governmental policies that protect and encourage organic agriculture in British Columbia and throughout Canada."
      http://www.buylocalthinkglobal.com/organic_grower_canada.cfm?local=British_Columbia&merchid=274
      7 hours ago · Like · 1 person
      Dirk Becker Yes, agreed! Thank you for all the excellent suggestions!
      Please paste them into an email for later when people ask what they can do so you can repost them.!
      We are thinking that in addition to writing to the mayor and council, it is time to go beyond Lantzville Council.
      We need to contact our MLA's, MP's and the Minister of Agriculture to have the Provincial Legislation changed so that the Right to Farm Act protects Urban Farmers.
      Having said that, we farm full time, started and run the Bowen Road Farmers Market, publish Synergy Magazine and i have not been on a holiday in 9 years. We need others to fight for food and farmer rights. We (already) do that every day... Tired...
      7 minutes ago · Like
      Dirk Becker Here is the back story 
      http://www.synergymag.ca/a-lantzville-couple’s-fight-for-the-right-to-grow-food/

      14 hours ago · 

    • David Stanley This affair is a disgrace. In November Lantzville mayor, Colin Haime, his wife, Denise Haime and the rest of Lantzville Council apart from Rod Negrave should be thrown out on their ears. I'm ready to support such a campaign financially.
      14 hours ago ·  ·  1 person

    • Nicole Shaw I just read the http://mayorhaime.ca site... the last words on the home page are: "do note that this site represents information provided solely by myself and the views expressed here represent my views only and not necessarily those of Council."
      12 hours ago · 

    • Martha Foster I just can't believe this is happening in little old Lantzville. Lived here 30 years and have never seen the likes of this nonsense. Time for a new mayor and council !!!
      12 hours ago · 

    • Gord Fuller Curious, I know they were working on a bylaw re urban gardens and believe it is still in its draft stages? Has it been through public hearing? If that bylaw was passed would it help you and Nicole in anyway? If in fact they are still in the process of adopting the bylaw how can they justify taking you to court? I'm with David above and while I can't help much would be willing to contribute to a legal fund.
      11 hours ago · 

    • Nicole Shaw Hi Gord - they are still in the process of creating a bylaw. The two Haimes believe it is the "size" of our "operation" that is creating the "problem" (actually repeatedly calling our place "an industrial operation") so they are writing the bylaw to limit how much food can be grown on residential property. They are making sure people cannot make a living at it.
      11 hours ago · 

    • Gord Fuller Thanx Nicole, I likely knew all this but sometimes my brain is a sieve. Seems to me that the 20% allowed for n urban food garden by this proposed bylaw might actually be increased after public input. Should be. As they do not have the final bylaw approved then you should be simply legal non-conforming until the bylaw is finalized. Anywho if there is any way I can be of service don't hesitate to let me know.
      11 hours ago · 

    • Amanda Orum just curious what it would take to rezone your property so you could garden the way you would need? I see boards all over nanaimo that have application for rezoning... maybe lantzville has something of that sort?
      11 hours ago · 

    • Dirk Becker Amanda and all: The mayor is in vindictive, revenge mode and not interested in anything other than shutting us down.
      11 hours ago · 

    • Dirk Becker 





      Letter From Edna Chadwick:


      This has just arrived from Nicole Shaw and Dirk Becker from Compassion Farms.
      If you're not aware of this battle of Lantzville bullies against urban farmers, look up "Protect Urban Agriculture, Save Compassion Farms" The group has 775 members and has gone global reaching as far as India.

      Dirk and Nicole have been harrassed now for 8, 9 months by their neighbours, Jim and Valeen Brash, Lantzville Mayor and most of Lantzville Council for daring to grow and sell organic food on their 2 1/2 acre residential property and despite a huge turn out of citizens supporting them.

      I'm passing this on to most people on my address list because I feel that this has to be one of the biggest travesties of justice I have experienced in a long time. I believe that Lantzville mayor, Colin Haime, his wife, Denise Haime and the rest of Lantzville Council apart from Rod Negrave should be thrown out on their ears for incurring the biggest waste of tax payers money in history, ignoring the wishes of it's citizens and harrassment of the general public.

      I'm shaking in my shoes as I write this and am coming to believe that the world is going stark staring mad !!!!

      All this while Nanaimo is just about to pass a bylaw allowing for more sustainable and local food growth and will be the first community in BC to allow the onsite sale of food from an urban garden.

      Please pass this on to anyone you know. Lantzville mayor and council should be bending over backwards to assist Dirk and Nicole (the founders of our wonderful Farmer's Market at Beban Park) and pioneers in the food sustainabilty movement. Instead they have caused them so much stress I don't know how they continue to do what they do. It makes one question the motives of the said Lantzville Mayor and council. I exclude from this statement councillor Rod Negrave who should be immediately elected mayor once the rest have been kicked out on their ears in November !!

      Best Wishes,

      Edna Chadwick

      11 hours ago ·  ·  2 people

    • Dirk Becker Gord and all:
      Please read this article:
      http://www.synergymag.ca/ways-means-of-bullying/

      11 hours ago · 

    • Gord Fuller There is no doubt that the mayor et al fit the bill on bullying. I do like Amanda's idea of rezoning though there is a cost to it and if the 20% proposed in the new bylaw could be increased there would be no need to do so. There must be a way to beat the system by using the system. Question: If everyone that were to track this site were to make comments on http://mayorhaime.ca/ would that be considered bullying?
      10 hours ago · 

    • Glenda Allard Barr That depends on the approach, and I would not like to see the people stoop to engaging in the bullying i have seen come from politicians. Please be reasonable, folks!
      9 hours ago · 

    • Mike Suds dear dirk and nicole, i will write the lawyer and lantzville about
      this infringement on yours and everyones basic human rights. please never
      give up and never give in. remember the woody guthrie song this land is your land. blast it out your window whenever you feel threatened by those that
      oppose freedom and human rights.

      8 hours ago via  ·  ·  3 people

    • Dirk Becker http://gopublic@cbc.ca
      5 hours ago ·  ·  1 person

    • Nicole Shaw “One has not only a legal but a moral responsibility to obey just laws. Conversely one has a moral responsibility to disobey unjust laws.” - Dr. Martin Luther King jr.
      4 hours ago ·  ·  2 people

    • Chris J. Slater 





      Know those who would make themselves your enemy (including their barking dogs). Guess Lantzville decided to spend your tax dollars on a firm in Victoria, probably because no one in this area wanted to touch it with a 10' pole. So here is a little research if some night you're having trouble sleeping... - Staples Mcdannold Stewart, Victoria http://bit.ly/jKRl7q and Robert Macquisten -http://bit.ly/mlFDMK if you're interested. The legal firm is a "gun for hire" and the first shot is this so called "lawyers letter". Guess Mayor Colin has the authority to retain a legal firm to write this, but I doubt that he has authority to proceed to a court test of their now "under review" by-laws. For whatever it is worth, I believe it is best just to "file it" and show it around as you are doing. For that firm to proceed they will most likely require a "retainer fee" for this very dubious action. I suggest a "freedom of information" request to find out what was ordered and the costs would be in order. If you decide to do nothing then you have 1. Called their bluff, nothing happens and whoever ordered this wears it. 2. They have to proceed with a court action, in Provincial Court of British Columbia http://en.wikipedia.org/wiki/Provincial_Court_of_British_Columbia as this is a by-law infraction matter http://en.wikipedia.org/wiki/Bylaw, in a court which is (was?) "self representation" friendly. Also see Bylaw enforcement officer:http://en.wikipedia.org/wiki/Bylaw_enforcement_officer. Interesting the By-law enforcement officer is from the RDN - Regional District of Nanaimo. So they will have to be included in this "action", another indication of how Haime and Co. have dropped the ball. And then you will have a chance to put your case before a LOCAL Court (Request a change of venue if they try to have it heard in anywhere other than Nanaimo for the lawyers convenience.) and if under the Pilot project there are going to be fees http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/261_93_05 you should be able to apply for Indigent status. If and when you're served, use this form to REPLY 
      http://www.ag.gov.bc.ca/courts/forms/scl/scl002.pdf
      and COUNTERSUE them for your expenses, loss of income, peace of mind, etc. (Best defence is a good offensive) It used to be that lawyers had a hard time getting judgement against defendents in PCBC, I'm wondering if that is now changing? Any law students out there, who care to enlighten us? Legal Aid? Well, I know it sucks, but that's what they are counting on...you getting tired and worn out by their petty used oats (2 kinds of oats - before and after going through the bull...) But all they have succeeded in doing so far is to PISS OFF fair minded people who mind their own business. Expose these petty dictators for what they are. Bullies.

      8 minutes ago · 

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