Clear Lake coalition seeks judicial review of Parks Canada's sudden ‘gut punch' decision banning power boats
In a notice of application to the Federal Court of Canada, filed earlier this week by several organizations and individuals, including Clear Lake Country Destination Marketing Organization, Clear Lake Cottage Owners Association and Clear Lake Country Boat and RV Storage, are asking a judge to declare the decision was 'invalid or unlawful' and allow motorboats back on the lake.
But Jason Potter, president of the Wasagaming Chamber of Commerce, which is one of the four founding organizations of Fairness for Clear Lake, said the ban changes what has been lake life there for decades.
Earlier this year, Parks Canada said the pier at Clear Lake was expected to reopen fully this summer. (Connor McDowell / Brandon Sun files)
'It was a complete shock and a gut punch,' Potter said of the May decision that reversed an announcement in January allowing powered boats on the water.
'Right away we want the boats. We want people to enjoy Clear Lake like they have for generations. We also want Parks Canada to be fair and accessible to us — we hadn't heard anything before this decision was made.'
No one with Parks Canada could be reached for comment.
Last summer, powered boats were banned following the discovery of zebra mussels at the marina several months earlier.
In January, after Parks Canada said it was not feasible to try to eradicate the invasive and destructive species from the lake because the spread had gone beyond the marina, the federal department said it would return to its 2023 one boat, one lake policy.
Under the policy, boaters select a lake, and that's the only body of water they can use for the rest of the season. If the boat is taken out of a lake, it must be decontaminated and pass an Aquatic Invasive Species inspection before it can be launched elsewhere.
But cottagers and business owners were angered when suddenly, with no advance notice, Parks Canada announced at the beginning of the May long weekend that only non-motorized watercraft — including canoes and kayaks — would be allowed, but even they had to have an annual permit for use only on Clear Lake.
Parks Canada said at the time the move was 'a continuation of Parks Canada's attempts to reduce zebra mussel spread in Clear Lake and the potential damage that may be caused to downstream water bodies and related infrastructure.'
Fairness for Clear Lake has already raised more than $92,000 of a $100,000 goal in a crowd-funding campaign to be used for 'legal action, advocacy, and communications efforts.' The donors include $10,000 from the Elkhorn Resort, $5,000 from Lakehouse Properties, $5,000 from Collyer Construction, and $1,000 from the South End Lumber Timbermart.
In the court document, the cottage and business groups argue Parks Canada's decision was unreasonable and say the minister responsible for the federal agency failed to provide for public consultation, which they claim is a requirement under legislation.
Potter said the park superintendent met with cottagers and business owners the day after the decision came out.
'She had no sympathy at all,' he said. 'She said she made the decision.'
Potter said the effects of the ban are already rippling out, but will be felt fully in July and August.
He said there are already signs that cottages are not selling quickly like they have in the past.
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Potter said the owner of Clear Lake Marina, which not only rents boats, but also offers cruises on the Martese ship, also wasn't given any advance notice of the ban.
'He was going to open on the May long weekend and he had everything ready to go, and all of a sudden on the Friday he is told that is no longer allowed. The marina had hired 30 people to work there this summer and he had to lay off the majority of them,' Potter said.
Kelsey Connor, the marina's president, could not be reached for comment. But last month he told the Free Press the ban 'completely blindsided us.
'Parks Canada managers and staff have straight-up lied to and misled me over the phone, face to face and eye to eye leading up to this announcement.'
kevin.rollason@freepress.mb.ca
Kevin RollasonReporter
Kevin Rollason is a general assignment reporter at the Free Press. He graduated from Western University with a Masters of Journalism in 1985 and worked at the Winnipeg Sun until 1988, when he joined the Free Press. He has served as the Free Press's city hall and law courts reporter and has won several awards, including a National Newspaper Award. Read more about Kevin.
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