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NDP government's fast pace sparks confusing announcements

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VICTORIA — It’s possible, in some parallel universe, that last week was a good one for Premier John Horgan.

But back here on earth prime, his government bungled two major press conferences, leaving a trail of confusion and self-inflicted errors that are worth noting as the NDP administration marks its first anniversary in power.

B.C. Premier John Horgan (centre), Advanced Education Minister Melanie Mark (right) and Transportation Minister Claire Trevena during a tour of the ironworkers training facility at BCIT in Burnaby, BC, July, 16, 2018.

The first announcement was July 16, when Horgan unveiled rules that will require major government projects to be built using union-only labour. It was a massive shift in policy, potentially affecting billions of dollars in infrastructure spending and marking a hard left turn back to a 1990s model that rewarded the many trades unions that donated to, and volunteered on, NDP election campaigns.

Yet during the 30-minute press conference by Horgan and Transportation Minister Claire Trevena, the mandatory union requirement wasn’t mentioned once. Nor was it in the 1,024-word press release and two backgrounder documents. Instead, the focus was on quotas for apprentices, female and Aboriginal workers, set amid a TV-friendly backdrop of smiling student tradespeople at BCIT in Burnaby.

“This is a new way of doing business in B.C.,” proclaimed Horgan.

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It wasn’t until four hours later, after questions from Postmedia News, that government released a statement that shed light on the core of the issue: “Within 30 days of employment on the job site, any non-union worker or a worker from another affiliation will be required to join the union for work specific to the project.”

It’s hard to escape the cynical conclusion that the NDP hid the controversial change in the hopes it could get a few hours of feel-good coverage of its apprenticeship program. But it left the impression that government was so embarrassed to admit the change that it went to great lengths to make sure it wasn’t made public until it was backed into a corner.

The Uber app is displayed on an iPhone as taxi drivers wait for passengers at Vancouver International Airport, in Richmond, B.C., on Tuesday, March 7, 2017.

The second bungled announcement was a few days later when Trevena updated the public on government’s snail-like pace to allow ride-hailing apps such as Uber and Lyft. “We’ll be making changes in legislation this fall,” said Trevena, in response to questions about when B.C. would finally join the rest of the modern world in allowing app-based ride-hailing services to compete with traditional taxis.

It sounded like the government was on track for its promised 2018 deadline to let Uber and Lyft onto provincial streets. But even as Trevena was speaking, her staff quietly distributed a press release in which the first line described the government’s position as “easing the way for other ride-share services to offer services to British Columbians by fall 2019.”

The fall of 2019. A full year later than Trevena had just stated out loud.

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It took awhile for everyone to clue in to the conflicting dates. When reporters started asking Trevena about the one-year delay, she dug in her heels and refused to repeat out loud what was in her own press release. Instead, she spent 15 minutes deflecting questions with vague canned responses. Her refusal to acknowledge the obvious made her look ridiculous.

The event was so confusing that, back in the real world, very few people understood government’s position. The advocacy group Ridesharing Now for B.C. at first praised Trevena for sticking to 2018 before realizing hours later her comments had been misleading and issuing a second press release revising its position.

It’s tempting to blame the common denominator in these two cases: Trevena. Her performance certainly exacerbated the problems. A year in, Trevena struggles to stay afloat in her portfolio.

However, there is a another reason for the troubled week. It has to do with the frenetic and unrelenting pace the NDP has taken in its first year in office.

Rushed planning, confusion, so many affected people to consult, and simple human error are apparently to blame for the union-only building announcement. In the case of ride-hailing, Trevena apparently simply misspoke for 15 minutes, despite having been briefed about the 2019 timeline (she did talk about 2019 later that day in subsequent interviews).

Let’s give New Democrats the benefit of the doubt in this confusion. Horgan has led a breakneck pace in his first 12 months. He celebrated the first anniversary in power last Wednesday. And what the NDP has accomplished has been remarkable. Almost two-thirds of the NDP’s more than 120 election promises are either completed or in progress, according to tracking by the CBC’s list-making savant, Justin McElroy.

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New Democrat ministers were making major announcements before they’d even stepped foot in their new offices, raising the welfare and income assistance rates two days into their mandate. They’ve gone full tilt since, reviewing and continuing construction on the Site C dam, stalling the Kinder Morgan pipeline with a court reference case, capping automobile insurance settlements, eliminating Metro Vancouver bridge tolls, raising the carbon tax, introducing new housing taxes, just to name a few of their biggest changes.

Those looking for a break after the spring session of the legislature ended last month instead found themselves back on the grindstone — overhauling B.C.’s gambling and money-laundering regulations, preparing a distribution system for legalized marijuana, changing the employer health tax exemptions for charities, setting the rules to launch the campaign on the referendum on proportional representation, overhauling fish farm licensing and dealing with the fallout of Greyhound’s bus service cuts.

The NDP is under intense pressure internally to keep up the pace from MLAs who have 16 years of pent-up reforms they want to enact quickly. There’s pressure externally from a public that wants change (or at least action) on high-profile election promises like housing affordability, affordable child care and eliminating school portables.

Horgan must continue to show voters his government is accomplishing its agenda under a power-sharing deal with the B.C. Greens, to prove minority governments can work and bolster confidence in the idea of proportional representation.

But that is clearly coming at a cost.

A year in and things are getting sloppy in the Horgan administration. The premier surrounded himself with a competent crew of bright political staff and a cabinet stacked with veterans. His government shouldn’t be suffering so many self-inflicted errors.

If they continue, he may want to consider slowing the pace of change, so that his second year of accomplishments isn’t tarnished by more confusion and mistakes.

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Soaring temperatures and high winds could worsen fires in B.C.’s southern Interior

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KELOWNA — Warm temperatures and gusty winds in the forecast could spell trouble for crews fighting wildfires in the southern Interior.

Environment Canada’s forecast for the Okanagan calls temperatures in the 30s and winds gusting over 40 kilometres per hour.

“What we don’t want to see is intense heat, direct sun, heavy winds … all of which could be in store starting as early as Monday,” said Jason Luciw with the Central Okanagan Emergency Operations Centre in Kelowna.

He said lower weekend temperatures with cloud coverage and calmer winds helped contain the growth of a fire near Mount Eneas, between Summerland and Peachland, to around 13.74 square kilometres, and cleared out much of the smoke seen in the area on Saturday.

B.C. Wildfire Service chief fire information officer Kevin Skrepnek said the weather outlook is problematic for the Interior — including unpredictable lightning strikes.

“Not only are we thinking that our existing fires are probably going to flare up a bit … but we are also bracing for the potential that a lot of new fires could start with that lightning,” he said.

Summerland Mayor Peter Waterman said no properties had been reported as damaged or destroyed by the Mount Eneas fire as of Sunday, and he was happy with the co-ordinated efforts of the wildfire service and local fire departments throughout the Interior.

“I’m quite pleased with the amount of people on this particular fire. It looks like they’re really aggressively going after it,” he said.

He added that the smoke in the area around Summerland had largely blown off by Sunday.

“I was out for about an hour-and-a-quarter bike ride early this morning, and you can smell it, but that’s about all.”

Waterman said that across Okanagan Lake from Summerland, the village of Naramata was dealing with two fires. Regional District Chair Karla Kozakevich, who represents Naramata, confirmed both are under control.

Kozakevich said while they are concerned about a fire in the Glenfir area of her district, the Naramata volunteer fire department and others have kept the blaze away from homes.

“We think all the homeowners there should be fine,” said Kozakevich.

She said residents always have concerns about tourism in the area when natural disasters such as wildfires and floods break out, but she wanted to reassure potential vacationers they will be safe and welcome.

“This is not impacting businesses, the wineries, even the residents — it looks like they will all be OK,” Kozakevich said.

Along with the 35 properties already facing evacuation orders in the area, another 890 properties were on evacuation alert between the Central Okanagan and Okanagan-Similkameen regional districts, meaning residents may have to leave at a moment’s notice.

The B.C. Wildfire Service also planned to conduct burn operations to merge the Mount Eneas wildfire and the nearby Munro Creek FSR fire. The result is that there will be decreased fire perimeter to be managed and will bring the wildfire off steep slopes and onto stable terrain for ground crews.

On Sunday morning, Environment Canada issued a special air quality statement for the southern Interior. Smoke from the wildfires is causing poor air quality and reduced visibility in the East Kootenay, East Columbia, Boundary, Central Okanagan and South Okanagan.

Those who experience difficulties breathing should stay indoors where it is cool and ventilated.

— With files from Postmedia

Carr wants green roofs made mandatory on new buildings in Vancouver

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Vancouver city staff will be asked at Tuesday’s council meeting to come up with a policy to make green roofs mandatory on new buildings.

Coun. Adriane Carr’s motion would apply to new commercial, institutional, industrial and multi-family residential developments, and renovations to older similar buildings.

Carr, who has been lobbying for such a bylaw for years, said the motion fits with the city’s new Rain City Strategy.

“I’ve been raising this for the last seven years,” Carr said.“With the increased storms and rain coming to Vancouver because of climate change, there will be a burden on our discharge system.”

Wetter winters, hotter and drier summers and more extreme rainstorms have been predicted by climate-change models, and Vancouver’s infrastructure was not built to accommodate those extremes, she said.

Toronto introduced a green-roof bylaw in 2009. Cities such as San Francisco and Copenhagen also have green-roof bylaws.

The Vancouver Convention Centre’s green roof, completed in 2008, is the largest in Canada at 2.4 hectares. It reduces the heat inside by 95 per cent in summer and prevents 26 per cent of heat loss in winter, according to greenroofs.com.

Simon Fraser University’s Burnaby campus also has many green roofs.

The benefits of a living roof are many.

According to BCIT’s Centre for Architectural Ecology, a green roof retains 28 per cent of storm water and cleans what run-off there is; is energy efficient because it regulates indoor temperature; improves air quality by decreasing greenhouse gas emissions; reduces heat islands over urban centres (temperatures in urban cores can be three to five degrees warmer than rural and suburban areas); serves as habitat for birds, bees and butterflies; and lasts twice as long as conventional roofs.

A living roof can also be used for social space or urban agriculture.

“With more congestion, more density, people talk about quality of life in the city,” Carr said.

“Access to green space is very important and roofs are very under-utilized. For anyone living or working in a building with a green roof, it’s an incredible asset.”

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Debate over appropriateness of cannabis down on farm

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Cannabis is likely to be a cash cow for companies angling to get in on the business and it’s looking more likely that it will also be a full-on, agricultural-crop opportunity for farmers once recreational weed is legalized in October.

Existing licensed cannabis growers have already bought into large greenhouse operations to ramp-up production, but federal regulations approved with the Cannabis Act that allow for outdoor cultivation opens new potential opportunities for farmers.

“There are some who see (cannabis) as a great opportunity and some who see it with a lot of concern,” said Reg Ens, executive director of the B.C. Agriculture Council, the province’s main farming lobby group.

However, if cannabis as a plant is going to be a legal product, Ens said the council’s take is that “farmers should have the choice to grow or raise that product on their farms.”

Where cannabis might fit under Canadian agricultural support programs made it onto the agenda of the annual meeting of federal, provincial and territorial agriculture ministers last week in Vancouver.

“It’s important to recognize that cannabis is an agricultural product like any other agricultural product,” said federal Agriculture Minister Lawrence MacAulay Friday at the close of the Vancouver meeting.

And farmers will even be eligible for support for cannabis cultivation under the $3-billion Canadian Agricultural Partnership, though B.C. Agriculture Minister Lana Popham said marijuana growers wouldn’t qualify for parts of that program related to backing business risks for farmers.

“There may be supports coming from our own province, but we really haven’t landed on that yet,” Popham said.

Outdoor cultivation is one way to introduce less-expensive cannabis for the recreational market, said Deepak Anand, vice-president of business development and government relations for the consulting firm Cannabis Compliance.

“It would be significantly cheaper,” said Anand, if growers don’t have to factor in building indoor facilities, “but keep in mind security, which is the biggest cost, still applies.”

The prospect, however, raises concerns about food security, that higher-value cannabis production would displace lower-value food crops and drive up already expensive agricultural land prices, particularly in B.C.

The Union of B.C. Municipalities, through a resolution, sought a moratorium on new proposals to grow cannabis on agricultural land and a comprehensive review on potential impacts on the Agricultural Land Reserve.

The province, July 13, responded with a change to its rules giving local governments and First Nations the authority to prohibit new concrete-floored, industrial-style cannabis facilities on ALR land in their communities.

However, the regulation change specifies that growing cannabis in the ALR “cannot be prohibited if grown lawfully” in an open field, a structure with a soil base or a facility that was legally permitted before July 13.

“It’s clear that (outdoor cultivation) is contemplated,” said Agricultural Land Commission CEO Kim Grout.

Grout said farmers have brought a lot of questions to the ALC since the regulation change was announced, but said she, the commission’s legal counsel and government are still working out the answers.

“It’s a good first step,” Delta Mayor Lois Jackson said about B.C.’s regulatory change, “but I’m still pretty concerned about displacement, even on open land.”

If a farmer wants to buy four hectares to expand a potato field, Jackson said it would be hard to stay in the bidding with a cannabis grower who has deeper pockets.

“Pretty soon you don’t have any farmers left growing anything,” she said.

To her, the step seemed to be another case of leaving the responsibility for sorting out issues related to legalizing recreational cannabis to municipalities and First Nations.

“Is growing pot more important or is being able to feed ourselves with the best land we’ve got?” Jackson said.

The Senate’s standing committee on agriculture and forestry voiced a similar concern in its consideration of the federal legislation.

“It is another loss of cropland in a long history of development in Canada,” said Diane Griffin, a senator from P.E.I. and chairwoman of the committee.

Ens cautioned that cannabis isn’t an open opportunity. From licensing to abiding by tight security requirements, it’s a heavily regulated product.

However, Ens said farmers grow other non-food-related crops, such as Christmas trees or other flowers, and cannabis would just be another product that can be worked into a producer’s business model.

“We definitely expect regulations to evolve over time,” Ens said. “It’s going to be a push-pull as we figure out what’s reasonable and what allows the business side (of cannabis production) to operate in a way that’s respectful to neighbours and creates opportunities to utilize farmland for society.”

Existing growers, however, don’t expect a huge demand for outdoor-grown cannabis because matching the quality indoor growers have achieved will be more difficult in a less-controlled environment, according to the industry association that represents major producers.

“I do not believe we will see endless fields of cannabis replacing other crops,” said Allan Rewak, executive director of the Cannabis Council of Canada.

The council’s members are the existing, licensed growers that have invested millions of dollars in large indoor facilities, so Rewak said the group remains “relatively agnostic” about the idea of allowing cannabis to be cultivated outdoors.

Their big concerns include cross-contamination by agricultural pesticides and maintaining the security of outdoor crops, Rewak said.

However, Anand said Canadian farmers should have the opportunity to grow a higher-value crop.

“From an industry perspective, we’d like to see cannabis be able to be grown on farmland,” Anand said. “It can and should be.”

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Police concerned about rise of Hells Angels puppet clubs

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NANAIMO — They arrived in unison, their faces covered by bandanas, and parked their Harleys in front of the old Hells Angels clubhouse here.

The patches on their backs said Los Diablos — The Devils — and featured the profile of a grim reaper with blood dripping from a fang.

Their bottom “rocker” stated their territory — the Tri-Cities.

And their presence at the invitation-only Hells Angels anniversary party this weekend established their bona fides as one of the HA’s newest puppet clubs.

Members of the Los Diablos, a puppet club of the Hell Angels, leave the Nanaimo Hell Angels’ clubhouse in Nanaimo, BC, July, 21, 2018.

B.C.’s anti-gang agency says there’s been a disturbing increase in the number of affiliated motorcycle clubs opening in B.C. with the Hells Angels’ permission.

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“What we have seen is an expansion of the clubs themselves. People here on Vancouver Island will know the name Savages and the Devil’s Army — they are very high profile,” Staff Sgt. Lindsey Houghton, of the Combined Forces Special Enforcement Unit, said. “Over on the Lower Mainland there are groups like the Jesters and the Shadow Club.”

And now there is Los Diablos, currently using a local Starbucks as its clubhouse.

Diablos pulled their face coverings up higher to avoid police lenses as they entered the weekend party, attended by more than 200 bikers.

A members of the Los Diablos, a puppet club of the Hell Angels, leaves the Nanaimo Hell Angels’ clubhouse in Nanaimo.

Houghton said the support clubs are dubbed puppets because the more established biker gang members are pulling the strings.

“The term couldn’t be a better term and that is their term. These guys are puppet masters in the truest sense,” Houghton said. “These are the farm teams for the Hells Angels.”

CFSEU biker experts have already seen puppet club members transfer over to become full-patch Hells Angels in recent years.

With the average age of a Hells Angel in B.C. at 49, new blood is needed, Houghton said.

“If they are going to survive, they need to replace those older members — many of them are retiring — with these younger guys,” Houghton said.

“These young guys are aggressive. They are the ones who want to make money. They don’t have the money and the stature and the reputation especially in the criminal underworld that these old guys have, having built from the early ’80s.”

Houghton said it is important for police to attend events like the anniversary party to documents associations between new puppet clubs and the Hells Angels.

Members of the Horsemen Brotherhood arrive at the Nanaimo Hell Angels’ clubhouse in Nanaimo, BC, July, 21, 2018.

Both the Devil’s Army and Langford Savages appeared to be helping with party preparations and were seen carrying in supplies. The Army, based in Campbell River, was manning the barbecue.

Also in attendance were the Throttle Lockers, from 100 Mile House, the Jesters and Shadow Club, both out of Surrey, the Horsemen Brotherhood and a few out-of-province puppet club members.

Houghton said CFSEU is tracking the puppet clubs.

“We know who they are. We watch them very closely and that’s why events like this are very important for us from an intelligence perspective,” he said. “This is an invitation-only event so you have to have some pretty significant status to get invited to this. It is a big event for the Hells Angels.”

Members of the Shadow Club, a puppet club of the Hell Angels, look at the bikes parked outside of the Nanaimo Hell Angels’ clubhouse in Nanaimo, BC, July, 21, 2018.

He said the puppet clubs have to mimic the Hells Angels in structure and rules. Not all of them survive. In recent years, the Renegades in Prince George folded after a series of arrests of members.

Hells Angels spokesman Rick Ciarniello, who attended the anniversary party, did not respond to requests for an interview.

Houghton said puppet clubs are used to protect Hells Angels members so “they are multiple degrees separated from the actual street-level distribution of drugs.”

“They do a very good job of insulating themselves. And quite frankly, that is one of the reasons why they’ve been successful. And it is a challenge for police to gather information and evidence to investigate them. Never mind the fact that people are fearful and they don’t want to come forward.”

Police stop members of the Los Diablos, a puppet club of the Hell Angels, in Nanaimo, BC, July, 21, 2018.

But they can also face risks when Hells Angels are targeted with violence and they are nearby.

“There are real consequences. Even just hanging out with them, it may seem like fun riding bikes with these guys for the weekend, but you are putting yourself at risk, you are putting your family at risk,” Houghton said. “And that’s why we are here to make sure that everyone stays safe.”

Members and guests of the Hell Angels hang out on the back deck of the Nanaimo Hell Angels’ clubhouse in Nanaimo, BC, July, 21, 2018.

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Timeline of some events related to the Hells Angels in B.C. over the past decade:

July 13, 2009 – Four Hells Angels were convicted on a series of charges stemming from the E-Pandora investigation targeting the East End Hells Angels in Vancouver.

Aug. 14, 2011 – Hells Angel Larry Amero was seriously wounded in a targeted Kelowna shooting that left Red Scorpion Jonathan Bacon dead and two others wounded.

Hells Angel Larry Ronald Amero in file photo

Nov. 1, 2012 – Amero charged in Montreal with associates in the Wolf Pack with leading international cocaine smuggling ring.

Jan. 30, 2013 – Two Kelowna Hells Angels, Norman Cocks and Robert Thomas, pleaded guilty to manslaughter for beating Kelowna grandfather Dain Phillips to death as he attempted to resolve a dispute his sons had with some HA associates. They were sentenced to 15 years in jail.

Dec. 16, 2014 – Longtime Hells Angel Robert “Fred” Widdifield, a founding member of the Nanaimo chapter, was convicted of extortion and theft. He was later sentenced to five years.

Sept. 30, 2016 – Kelowna Hells Angel Dave Giles convicted of one count of conspiracy to import cocaine, one count of conspiracy to traffic cocaine, and one count of possession for the purpose of trafficking cocaine; James Howard was found guilty of one count of conspiracy to traffic cocaine and one count of possession for the purpose of trafficking cocaine; and Bryan Oldham and Shawn Womacks were found guilty of one count of possession for the purpose of trafficking cocaine.

Oct. 16, 2016 – High-profile Hells Angel Bob Green is found shot to death in Langley. A day later, his friend and gang associate Jason Wallace turned himself into police. He later pleaded guilty to manslaughter after telling the court his and his family’s lives were threatened after the drunken, drug-fuelled shooting.

Senior B.C. Hells Angel Bob Green.

Oct. 26, 2016 – White Rock Hells Angels prospect Mohammed Rafiq, 43, was shot in the face while driving near his Burnaby home. He survived.

March 19, 2017 – The body of Nanaimo Hells Angels prospect Michael Gregory Widner is found near Sooke, days after he was reported missing. He was murdered.

Aug. 30, 2017 – Montreal conspiracy charges stayed against Hells Angel Larry Amero due to delays in the case.

Jan. 25, 2018 – Hells Angel Larry Amero is charged with conspiracy to kill rivals Sandip Duhre and Sukh Dhak. Both were shot to death months apart in 2012. The murders are believed to have been retaliation for the 2011 Kelowna shooting.

April 23, 2018 – Civil forfeiture case begins in B.C. Supreme Court, more than a decade after the case began. It has now been adjourned until fall 2018.

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Slide the City another wet and wild success in North Vancouver

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Thousands took part in Slide the City, North Vancouver’s annual waterslide party down Lower Lonsdale, on Saturday and Sunday.

It’s the fourth year that 1,000 feet of temporary water slide has run down Lower Lonsdale, this year beginning at Victoria Park at Keith Road and ending in a splash pool at Fourth Street. It has been a two-day event for the past three years.

There were 6,000 sliders and more than 100 volunteers, the city said, and perhaps as many as 4,000 onlookers.

The weather cooperated, with blue skies and highs in the mid-20s on both days.

Riding yellow inner tubes, sliders can reach speed of 15 kilometres an hour.

The City of North Vancouver came under some criticism because wheelchairs could not cross the street with thick water hoses blocking their way. The lack of handicap access had been brought up at council by a resident who lives on East 4th Street on May 28, who said last year she and her partner had to lift three wheelchairs over the hoses.

After someone tweeted about the “epic fail” on Saturday, city staff added additional runners for Sunday.

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REAL SCOOP: Police concerned about rise of the HA puppets

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I have written stories about so-called puppet clubs before – back in 2006 when the Outcasts and the Jesters were formed, then again in 2009 when several new ones like the Throttle Lockers and Handsome Bastards formed in the interior.

But police are saying there are more of the support organizations than ever, including at least two that have opened within the last 18 months. They are concerned the puppet clubs extend the criminal reach or the Hells Angels.

Here’s my story:

Police concerned about rise of Hells Angels puppet

clubs

NANAIMO — They arrived in unison, their faces covered by bandanas, and parked their Harleys in front of the old Hells Angels clubhouse here.

The patches on their backs said Los Diablos — The Devils — and featured the profile of a grim reaper with blood dripping from a fang.

Their bottom “rocker” stated their territory — the Tri-Cities.

And their presence at the invitation-only Hells Angels anniversary party this weekend established their bona fides as one of the HA’s newest puppet clubs.

Members of the Los Diablos, a puppet club of the Hell Angels, leave the Nanaimo Hell Angels’ clubhouse in Nanaimo, BC, July, 21, 2018. RICHARD LAM / PNG

B.C.’s anti-gang agency says there’s been a disturbing increase in the number of affiliated motorcycle clubs opening in B.C. with the Hells Angels’ permission.

“What we have seen is an expansion of the clubs themselves. People here on Vancouver Island will know the name Savages and the Devil’s Army — they are very high profile,” Staff Sgt. Lindsey Houghton, of the Combined Forces Special Enforcement Unit, said. “Over on the Lower Mainland there are groups like the Jesters and the Shadow Club.”

And now there is Los Diablos, currently using a local Starbucks as its clubhouse.

Diablos pulled their face coverings up higher to avoid police lenses as they entered the weekend party, attended by more than 200 bikers.

Houghton said the support clubs are dubbed puppets because the more established biker gang members are pulling the strings.

“The term couldn’t be a better term and that is their term. These guys are puppet masters in the truest sense,” Houghton said. “These are the farm teams for the Hells Angels.”

CFSEU biker experts have already seen puppet club members transfer over to become full-patch Hells Angels in recent years.

With the average age of a Hells Angel in B.C. at 49, new blood is needed, Houghton said.

“If they are going to survive, they need to replace those older members — many of them are retiring — with these younger guys,” Houghton said.

“These young guys are aggressive. They are the ones who want to make money. They don’t have the money and the stature and the reputation especially in the criminal underworld that these old guys have, having built from the early ’80s.”

Houghton said it is important for police to attend events like the anniversary party to documents associations between new puppet clubs and the Hells Angels.

Members of the Horsemen Brotherhood arrive at the Nanaimo Hell Angels’ clubhouse in Nanaimo, BC, July, 21, 2018. RICHARD LAM / PNG

Both the Devil’s Army and Langford Savages appeared to be helping with party preparations and were seen carrying in supplies. The Army, based in Campbell River, was manning the barbecue.

Also in attendance were the Throttle Lockers, from 100 Mile House, the Jesters and Shadow Club, both out of Surrey, the Horsemen Brotherhood and a few out-of-province puppet club members.

Houghton said CFSEU is tracking the puppet clubs.

“We know who they are. We watch them very closely and that’s why events like this are very important for us from an intelligence perspective,” he said. “This is an invitation-only event so you have to have some pretty significant status to get invited to this. It is a big event for the Hells Angels.”

Members of the Shadow Club, a puppet club of the Hell Angels, look at the bikes parked outside of the Nanaimo Hell Angels’ clubhouse in Nanaimo, BC, July, 21, 2018. RICHARD LAM / PNG

He said the puppet clubs have to mimic the Hells Angels in structure and rules. Not all of them survive. In recent years, the Renegades in Prince George folded after a series of arrests of members.

Hells Angels spokesman Rick Ciarniello, who attended the anniversary party, did not respond to requests for an interview.

Houghton said puppet clubs are used to protect Hells Angels members so “they are multiple degrees separated from the actual street-level distribution of drugs.”

“They do a very good job of insulating themselves. And quite frankly, that is one of the reasons why they’ve been successful. And it is a challenge for police to gather information and evidence to investigate them. Never mind the fact that people are fearful and they don’t want to come forward.”

Police stop members of the Los Diablos, a puppet club of the Hell Angels, in Nanaimo, BC, July, 21, 2018.RICHARD LAM / PNG

But they can also face risks when Hells Angels are targeted with violence and they are nearby.

“There are real consequences. Even just hanging out with them, it may seem like fun riding bikes with these guys for the weekend, but you are putting yourself at risk, you are putting your family at risk,” Houghton said. “And that’s why we are here to make sure that everyone stays safe.”

kbolan@postmedia.com

blog: vancouversun.com/tag/real-scoop

twitter.com/kbolan

Lax rules make addictions 'treatment' a fertile ground for scammers

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Even before William Griffith Wilson co-founded Alcoholics Anonymous in 1935, his physician explained that addiction isn’t a moral failing, it is a medical condition.

Yet, even though most of us know people in recovery, suffering from addictions or someone who has died in the current fentanyl overdose epidemic, addiction remains a largely unspoken illness.

It’s possible that the success of AA — a society that values privacy, where surnames are not used, and where strangers seek out others like them not by asking directly about AA but by asking whether anyone is a friend of Bill W. — has paradoxically contributed to the silence.

Regardless, people suffering from addictions have long been ignored by Canada’s health system. Evan Wood, the head of the B.C. Centre on Substance Use, blames a lack of leadership and governance, a failure to properly educate health care providers, and inadequate funding.

He ruefully notes that the Vancouver Detox Centre is in the old dog pound, which is a good metaphor for the shortcomings in the addictions treatment and recovery system.

“Recovery has just been off in its own world,” Wood said. “What’s missing is a continuum.”

If there is a positive outcome from the opioid overdose crisis, he said, it’s a growing awareness that the addictions treatment and recovery system is splintered, poorly regulated and provides no continuum of care.

Over the years, various levels of governments have struggled to keep people alive with harm reduction measures that include free naloxone kits, rapid response teams and overdose treatment sites.

But having rescued them, then what?

The recovery system is chronically underfunded, with residential treatment facilities among the worst off. It’s something that Addictions Minister Judy Darcy said the government is taking a look at. But there’s no money in her ministry’s budget for it. It would have to come either from the Health Ministry or the Ministry of Social Development and Poverty Reduction — both of which have other pressing needs.

“You can’t make a go of it on $30.90 a day,” says Susan Sanderson, executive director and co-founder of Surrey-based Realistic Success Recovery Society, which runs three recovery houses for men known as Trilogy House. “It’s at least $10 a day short of what we need.”

That $30.90 is the daily fee per resident that the B.C. government pays recovery house operators, who are somehow supposed to stretch that amount to cover the cost of feeding, housing and providing recovery support to addicts fresh out of detox. It hasn’t been raised in close to a decade even as housing prices have skyrocketed and the cost of living has risen.

Susan Sanderson runs Realistic Success Recovery Society House.

The financial crunch at Trilogy is self-inflicted — but in the best and most altruistic way. The society is committed to serving men just out of jail or recently plucked off the streets with no money, no jobs and no family who are willing or able to help them.

Many of B.C.’s 287 licensed and regulated recovery houses have a mix of government-funded beds and private-paid beds. For the private payers (including pilots, doctors, nurses, senior health authority staff and senior government officials with gold-plated extended health benefits), the cost can run as high as $350 a day.

To get government-paid care, addicts must prove they are destitute. They must be on social assistance with no assets and they have to have been on social assistance for a period of time before they qualify. In addition to getting residential care, these residents receive a “comfort stipend” of $95 a month.  

“Our clientele are people who were middle-class and are no longer,” Sanderson said. “Most are guys who have gone to jail because of their drug addiction — for doing B&Es (break-and-enter thefts), low-level drug selling and doing dial-a-dope, which is feeding middle- and upper-class people in their community.

“Most have had jobs in other sectors of the economy — could be accountants, worked in TV, movies on technical side, lots of different jobs.”

If there’s an empty bed, the society will take those who don’t qualify for social assistance. But Sanderson refuses to charge them more than $30.90 a day. Their families, she said, have already suffered enough because of their loved one’s behaviour. She’s not about to send them to the poorhouse as well.

Fortunately for the clientele she serves, Sanderson is a resilient and resourceful fundraiser.

The Realistic Success Recovery Society is licensed by the B.C. government, the health authority and the municipality. This means that residents live in homes that are safe and that their recovery is overseen by certified and licensed counsellors.

But in addition to an increase in government funding for residential addictions care, Sanderson wants more and better regulation as well as enforcement.

There are shady operators — unlicensed and unregulated — who are giving everyone in the field a black eye. They’re charging for services that they may or may not provide. It’s lining their pockets, but it sure isn’t helping addicts or their loved ones.

The B.C. Centre on Substance Use has made dozens of recommendations for change in its new report, Strategies to Strengthen Recovery in British Columbia: The Path Forward.

It’s recommending tough permitting and stringent standards for treatment facilities, all backed by funding for enforcement.

As for the care provided, the B.C. Centre on Substance Use recommends a mandatory certification program for recovery residence operators, templates for municipalities on zoning and licensing of these facilities, and a policy that ensures no one is transferred from a licensed and regulated facility to one that isn’t.

There’s plenty of proof that the current system isn’t working for anybody, least of all for addicts and their loved ones.

Chasing the bad

In the Wild West of British Columbia’s unregulated addictions treatment industry, municipalities have ended up playing whack-a-mole with the bad operators who are running little more than flophouses — single-room-occupancy hotels operating under the guise of treatment facilities.

Nowhere has it been as big a problem as in Surrey, which is also home to 667 of British Columbia’s 1,572 certified residential treatment beds (42 per cent) and three-quarters of those licensed by the Fraser Health region.

In Surrey, Jas Rehl’s team has become expert at spotting the telltale signs of unlicensed addictions recovery houses — closed drapes, unkempt yards and a general air of disarray.

“In 2014, there were 250 unregulated and unlicensed recovery houses and they were causing a lot of issues in every neighbourhood and not just in one pocket area. The neighbourhoods had become complete nightmares,” said Rehl, the city’s public safety manager.

Over the past four years, Surrey’s bylaw enforcement officers have shut down more than 250 of them. But, says Rehl, as soon as they shut one down, it pops up somewhere else — not always in Surrey, but perhaps in an adjacent municipality or even further afield.

At the worst of them, Rehl says it’s almost always the same scene inside.

“There are usually about 10, 12, 15 individuals. The rooms all have locks on the doors and there’ve been lots of alterations to add more rooms,” Rehl says.

“There are no supervisors. There’s a box of cereal on the table. People are left to fend for themselves. They aren’t getting help that they need. …  There’s no recovery going on in those homes. They’re using recovery as an umbrella to hide under.”

The problem is that municipalities don’t have many tools in their regulatory tool kit. But Surrey has aggressively used what it has.

Operators and property owners are fined $500 for every day they operate without a licence and another $500 for violating the zoning bylaw. They’re fined for any other violations — like too much garbage or for unsightly property. And, under the city’s nuisance abatement bylaw, every time police, firefighters or bylaw officers are called to the house, a $1,500 fee is added to the owner’s property tax bill.

Even with its aggressive enforcement, Surrey still has 10 to 15 dodgy-looking places that bylaw officers are watching closely.

Many of the unlicensed homes aren’t even safe. A recent study by Surrey’s top fire officers led by Chief Len Garis found that despite their unique characteristics and residents, recovery houses have no specific fire protection requirements. Among the study’s recommendations are that sprinkler systems be mandatory and that an in-depth study of life safety issues at recovery houses in Canada be undertaken.

Part of the reason people end up in these places is that the system is extraordinarily difficult to navigate, even for government officials. It took weeks for the provincial Addictions Ministry to respond to the Postmedia’s request for the most basic information about the number of licensed beds. The ministry had to collect the information from each of the health authorities.

There are 3,035 beds in all, including residential treatment, supportive recovery, transitional services, detox, sobering and assessment, low-barrier and supported housing. 

The health authorities have lists of licensed facilities posted on their websites. But Fraser Health’s, for example, doesn’t separate addictions treatment from hospice, long-term care, community living or homes for those with brain injuries.

The Health Ministry does have an assisted living registry link on its website, but when the Postmedia tried to use it, it returned an error message saying that the page didn’t exist.

Failure to register

The sidewalk on a quiet, residential street at the edge of a pretty park in Osoyoos is littered with cigarette butts and “snoose” tins emptied of their chewing tobacco.

The RCMP stops by frequently, checking in on the residents of a house that several months ago the Brandon Jansen Recovery Foundation said it was turning into a recovery centre.

Unsurprisingly, the neighbours are concerned about an unlicensed and unregulated recovery house operating without a business licence on land that’s zoned for single-family houses.

B.C.’s Community Care and Assisted Living Act requires centres with more than two residents to be registered. Failure to register can result in a fine of up to $10,000. The act also requires supportive housing to be licensed and inspected by the health authorities.

Neither the Brandon Jansen Foundation nor the Brandon Jansen Memorial Recovery Centre is on the assisted living registry or licensed by the Interior Health Authority. The foundation’s application was rejected in November.

“If they were regulated and registered, had regular inspections, fire inspections, why would you have worries? But they have none of that,“ says Lyle Warmington, a next-door neighbour and the last guy who would oppose a properly regulated and licensed recovery home.

Because of his family’s personal experiences with addictions treatment facilities, Warmington knows a lot about the differences between good ones and bad ones.

Osoyoos’s chief administrative officer is near his wit’s end as well. Although Barry Romanko won’t comment directly on that particular house, he says municipalities are left in a terrible situation.

Because recovery houses with fewer than three residents aren’t required to register or get permits, the municipality may not even know they exist.

“We don’t know what they’re doing,” Romanko says. “And standard of care that they get? I guess it’s buyer beware.”

dbramham@postmedia.com

Twitter: @daphnebramham


Addictions:
The real fix

Day 1: Emphasis needed on treatment/recovery

Day 2: More help needed to save young addicts

Day 3: Lax rules give scammers an opening

Day 4: Moms with kids, and other underserved addicts

Day 5: Don’t just keep them alive


Methadone is making its way onto the streets

“Free medication delivery all over Greater Vancouver.”

Pharmacist Alnazir Asaria was offering that in online ads that ran until March 2017, when the B.C. College of Pharmacists suspended him, put a reprimand letter on his file and forbade him from working as pharmacist until he passed an exam on the law.

Asaria’s offences included filling prescriptions in excess of authorized quantity, filling prescriptions after their expiry date, and filling prescriptions that were missing quantity, dose or directions.

He filled methadone prescriptions to patients without complete and signed forms and witnessed ingestion logs. He gave clients methadone pills or “carries” without a physician’s authorization. He handed out methadone without adequate documentation including lack of controlled prescription program hard copy prescription and controlled prescription program prescriptions without the patient’s signature.

And, Asaria made prescription changes without adequate rationale or documentation.

For nearly 50 years, methadone has been recommended for opioid users as a means to dampen their cravings and set them on a path to recovery. And, between 2011 and 2012, B.C. pharmacists dispensed methadone more than two million times to close to 16,000 patients. Then, as now, some of that methadone is making it to the street where it is resold.

Evan Wood, Director of the British Columbia Centre on Substance Use.

“That’s not an uncommon thing that we see in the hospital someone has overdosed on methadone that they’ve bought on the street,” Evan Wood, director of the B.C. Centre on Substance Use. He also cited a study that found methadone implicated one in four overdose deaths.

In British Columbia, Asaria was one of the largest dispensers, which is why he attracted the attention of the B.C. College of Pharmacists and the provincial Health Ministry. Together, they did an undercover investigation of 30 other pharmacists and nine pharmacies. Yee Kwok Henry Tung was also caught in the undercover investigation and was found to have put patients at risk because of his dispensing practices. In 2015, he agreed to no longer dispense methadone.

Of the others, three pharmacists were fined $15,000 each, while one was fined $5,000 and another $2,500.

Downtown Pharmacy at 348 Powell St. was permanently shut down. Native Vancouver Pharmacy at 108-50 East Hastings and its manager Mansour Djavanmard were suspended. Six pharmacies had their enrolment in Pharmacare terminated.

Because of regulations and enforcement provisions in various legislation, the good news is that pharmacists and pharmacies can be reported, investigated and disciplined. The bad news? Like all legal processes, it takes a long time and, in the interim, the misbehaviour likely continues.

By 2015, the number of times methadone was dispensed had risen to nearly three million. Between 2013 and 2015, the college received more than 130 complaints and tips about the dispensing of methadone.

Among the most serious complaints were that pharmacists were providing monetary and non-monetary inducements to attract clients, were processing prescriptions through B.C.’s computerized PharmaNet network without requiring patients to personally get their drugs, were failing to witness methadone ingestion when required by law, and, in some cases where doctors were allowing patients to take the drugs home with them, were changing prescriptions to daily dispensing, which meant higher fees for them.

The complaints led to undercover operations between 2015 and 2017 that targeted nine pharmacies. Those files are under review by the college’s inquiry committee.

During that period, another 41 pharmacies were selected for inspections based on the volume of their methadone dispensing, complaints and their geographic distribution — 13 of these inspections were in Vancouver, 10 in the Okanagan/Kootenays, five on the Sunshine Coast, four in Northern B.C. and three on Vancouver Island.

The inspections have resulted in suspensions, remedial education and pharmacy equipment improvements.

CORRECTION: An earlier version of this story had an incorrect date. Alcoholics Anonymous was founded  in 1935.

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Several injured in Coquihalla crash near Hope; Highway reopens southbound from Merritt after earlier collision

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A pair of serious crashes on the Coquihalla Highway have left several people injured and affected traffic in both directions on Sunday evening.

According to Drive BC, the northbound collision occurred at Exit 238. One person was taken to hospital via air ambulance in critical condition while four others were also transported to hospital.

There is no detour available. The highway is expected to reopen around 9 p.m.

The southbound accident occurred nine kilometres north of Merritt. No one was seriously injured in that collision. The highway has now reopened to single lane traffic in that area.

mraptis@postmedia.com

twitter.com/mike_raptis

AFN candidates arrive in Vancouver for election of national chief

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On Wednesday, chiefs from across the country will take to the Vancouver Convention Centre to vote for the Assembly of First Nations’ next national chief.

Almost 640 chiefs or their proxies, collectively representing more than 900,000 First Nation people, will choose the next leader of Canada’s largest national Indigenous organization from within five candidates — including incumbent National Chief Perry Bellegarde, who has faced criticism from his rivals of being too close to the Trudeau government.

Throughout his campaign, Bellegarde has stressed that his work has gained momentum and is not yet done, adding that he hopes to keep building a new fiscal relationship with the Crown.

“You have to have a relationship with the policy and legislation decision makers in order to influence their thinking and as an advocate organization,” Bellegarde said. “When people say the Liberals and the AFN agendas are alike, it’s because we influence their policy platform.”

But candidate Russ Diabo, who has also been a vocal critic of the organization’s leadership, said Trudeau has not been held accountable for failing to uphold Indigenous rights, and cited the Kinder Morgan’s buyout as an example.

“He’s watered down free, prior and informed consent to just the domestic duty to consult, and same thing with buying the Kinder Morgan pipeline,” Diabo said, adding he would fundamentally restructure the AFN under his leadership.

Miles Richardson, the only candidate running from B.C., has said the Crown’s relationship with Indigenous people is “at a crisis.”

“I believe the way to change that is for us to stand up in our power and exercise and assert our rights,” said Richardson, the former president of Haida Nation.

In his campaign, Richardson has stressed that the AFN must aide each First Nation to build its own nation-to-nation relationship with Canada, in order to assert their authorities.

But the AFN’s own relationship with First Nations has not been sufficient in itself, said candidate Sheila North, grand chief of Manitoba Keewatinowi Okimakanak.

“We should be following their lead, so far AFN has been acting like a government, making decisions and accepting deals on their behalf without proper and full consultation of the sovereign nations,” she said.

Katherine Whitecloud, a former Manitoba regional chief for the AFN, was not available for an interview on Sunday, but has focused a part of her campaign on empowering all First Nations in their pursuit and practice of nationhood.

“When it comes to governance, it is your right to determine how you want to govern your people because you already have those in your language and you already have those understandings in your traditional knowledge,” she said at a forum in Brokenhead Ojibway Nation, broadcast by APTN.

A 60 per cent majority will be needed to secure a victory on July 25. B.C. holds the most voting power, with 200 First Nations.

bmahichi@postmedia.com

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Psychoactive herb kratom on radar of B.C. doctors and poison control centre

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Side-effects of an unauthorized herb now gaining popularity in B.C. are causing hospitalizations and reports of adverse effects.

Kratom (Mitragyna speciosa), a psychoactive with both stimulating and sedating effects, is said by its backers to be a less lethal substitute for opioids (narcotics) and a decent remedy for anxiety and pain, among other conditions.

But Health Canada says there’s evidence that kratom, derived from an Asian plant and usually consumed as a finely ground powder, can pose serious health risks when swallowed or inhaled, and emerging B.C. data is showing such ill effects.

In Canada, selling kratom is not a criminal offence comparable to selling narcotics. However, Health Canada permission is required to sell natural health products in Canada and the department says it has not authorized any product containing kratom for sale. Selling natural health products without a licence from Health Canada violates the Food and Drugs Act. Last month, CBC reported, Health Canada conducted a raid on an Edmonton store selling kratom. Recently, a salmonella outbreak in the U.S. was linked to kratom products.

No deaths have been blamed on kratom in B.C. but the B.C. Drug and Poison Information Centre got 19 calls about it between 2013 and 2018.

Eighty per cent of the calls came from doctors in hospital emergency departments and family doctors treating patients with a variety of side effects, according to the July-August issue of the B.C. Medical Journal. Symptoms included rapid heartbeat, high blood pressure, liver toxicity, withdrawal symptoms, psychosis, anxiety and agitation. Doctors called the centre seeking advice about treating those symptoms.

At least one patient was hospitalized and intubated because of breathing problems, apparently exacerbated when the agitated patient was sedated on arrival at hospital. Other side effects reported by Health Canada include drowsiness, nausea, vomiting and seizures.

Dr. Tom Kosatsky, a public health leader at the B.C. Centre for Disease Control who co-authored the BCMJ report, said in an interview that deaths associated with kratom have been reported around the world. The product may be a relative newcomer in B.C. but the rising number of calls to the poison control centre indicate it is increasingly being used in B.C., even though Health Canada has not approved it for human consumption.

“I think what we’re seeing is just the tip of the iceberg. We don’t hear from all doctors treating such patients, so there’s likely more reactions to kratom than we know about,” he said.

Since kratom has not been not scheduled as a controlled substance nor put on Canada’s list of drugs requiring prescriptions, people are allowed to import it for personal use. B.C. residents are buying it from Internet vendors, local shops, and friends. Since it can’t be called or legally sold as a health product here, local vendors use some subterfuge, such as calling it a botanical powder for use in soap and candlemaking, Kosatsky said.

Health Canada says it invites online complaints about the sale of kratom or any other non-compliant health product by using the Health Product Complaint Form.

Kosatsky said it would appear the product may be helping some users while causing problems for others. “It hasn’t killed anyone in B.C. yet, so far as we know. But it’s like a lot of these things where there are two sides to the story. We don’t have enough scientific knowledge about it, no idea about safe dosages. So, at this point, it’s guesswork for everyone.”

A few years ago, Health Canada asked the B.C. poison control centre and four others to provide information on the extent of the risks being observed in their provinces. It turned out that B.C. had more cases reported to poison control than the sum of the other provinces. Asked why that might be, Kosatsky said: “Maybe we’re in a different kind of place where people are more prone to experimentation.”

A third of those who were the subject of calls to the poison control centre said they were simultaneously taking other products for insomnia, anxiety, and agitation, including opium poppy tea, alcohol, marijuana, amphetamines and other herbal products.

Sarah Blyth, an overdose-prevention advocate and candidate for Vancouver city council in the October election, said she knows a few dozen individuals who’ve used kratom, mostly to help get themselves off other more dangerous substances like fentanyl. “They’re seeking relief from something that’s not going to kill them, using kratom for pain, anxiety, trauma and mental health issues.”

Blyth said she hopes scientists do hard research on kratom so that society learns about its benefits, risks, and safe dosages.

pfayerman@postmedia.com

Follow me on Twitter: @MedicineMatters

'Threads of circumstantial evidence' convicted man in 1992 Creston murder

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First in a five-part series

Duray Bentley Richards feared police “would stoop to anything” to keep his first-degree murder conviction from returning to court, government records dating back to April 2002 show.

By that time, the inmate of Bowden Institution in Alberta was a decade through his life sentence for the brutal 1992 murder of 21-year-old Carrie Louise Marshall in Creston, B.C., and he had formally applied to access records from his case for the purpose of a late appeal to the Supreme Court of Canada.

Then, on Feb. 18, 2003, a low-ranking RCMP officer took evidence gathered in the Richards investigation to a sawmill in Fruitvale, B.C., and burned it. It was destroyed as part of a routine procedure, Creston police later told B.C.’s Ministry of Attorney General.

Those are among the details laid out in hundreds of pages of legal arguments, police records and court documents that form a last-ditch attempt at freedom by Richards, who has spent 25 years in prison and counting. He has appealed his conviction to the justice minister in a so-called “696.1 submission,” claiming he is innocent of the crime and a victim of a miscarriage of justice who has exhausted all other avenues of appeal.

The Ministry of Attorney General and B.C. RCMP declined to comment, as the matter is under ministerial review.

The case began on Dec. 4, 1992, when Marshall was reported missing from a rural shack where she was temporarily staying just beyond town.

It took three days to find her body.

She had been left several metres into the bush along the side of a quiet logging road, according to documents submitted by Crown counsel in their successful defence at the B.C. Court of Appeal of Richards’s conviction. Pieces of clothing — a blue T-shirt, a pair of pants, a bra and one pink sock — discarded along the road helped lead a search to the crime scene.

Carrie Louise Marshall, who was murdered in 1992 outside Creston, B.C., with her son Brandon.

Marshall was found laying spread-eagled on the ground. Her body was frozen and her face was blue. She was covered in fresh snow and was undressed, save for a single pink sock.

Marshall had no broken fingernails or bruises, lacerations or trauma to her hands or forearms, according to an autopsy report prepared by William Currie, a forensic pathologist who later testified in the case against Richards. Currie found several bruises on Marshall’s face he believed were consistent with punches that could have left her unconscious.

Marshall had several internal injuries and had bled to death, according to Crown prosecutors and Currie, who said the likely murder weapon was a single-arm tire iron.

A second autopsy was performed by Rex Farris, who said there was no question that Marshall’s murder was a sexual assault-related death. She was likely unconscious when the injury that killed her was inflicted, according to court documents.

Local Mounties had one suspect in the case from the start: Richards, then 33 years old and new to town.

They had interviewed him while Marshall was still missing, and they seized his car for inspection the day before she was found dead, according to the submission to the minister. Three days after Marshall was found, he was charged with first-degree murder.

After 74 days of trial and 16 hours of deliberation, Richards was convicted by judge and jury on May 27, 1994, and he was sentenced that day to life in prison with no chance of parole for 25 years. He lost at the B.C. Court of Appeal in 1997, and in 2003 the Supreme Court of Canada refused to grant him an extension of time to apply for leave to appeal at that level.

There was no direct evidence that Richards killed Marshall, as Crown counsel stated in court documents. Their case was stitched together like a piece of clothing, with 41 threads of circumstantial evidence, counsel told jurors during trial, according to the submission.

They offered eyewitness testimony that put Richards’s car in the area of the crime, argued he had the opportunity and motive to kill Marshall, and showed physical evidence they said put him at the scene.

Despite the compelling case against Richards, Vancouver lawyer Brock Martland and law students at the University of B.C.’s Innocence Project began looking closer at the conviction several years ago.

Martland said he received some legal aid funding for his work on the case, and he has also put in time pro bono. Jann Arden, the well-known Canadian singer who is also Richards’s sister, contributed several years ago to fees for a private investigator, but she has not put money toward legal fees, Martland said.

In 2016, Martland and the students filed their 267-page submission to the minister claiming that Richards was the victim of a miscarriage of justice.

They reused the Crown’s thread metaphor to carry their argument as to why the conviction should not stand and Richards should be granted a new appeal, or even a new trial.

“A series of threads, stitched together, will give the appearance of a strong and resilient fabric,” they wrote. “But on closer inspection, with only a little tugging on the fabric, the threads unravel. Almost every thread, evaluated individually, is suspect and weak. What is left is far from a reliable and sturdy garment, and it cannot be trusted.”

mrobinson@postmedia.com


OUR SERIES

TODAY: A claim of innocence and a desperate appeal

Day 2: A violent past and a chilling encounter

Day 3: The tragic loss of Carrie Louise Marshall

Day 4: A wall of evidence surrounds one man

Day 5: Cracks spread through the conviction


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Obituary: Martin Collacott was first Canadian ambassador to Cambodia after genocide and war

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Canada lost one of its great diplomats when Martin Collacott died peacefully at Peace Arch Hospital in White Rock on July 16, a former colleague says.

He was 85.

“He was one of those great journeyman foreign service officers,” said Gordon Longmuir, who replaced Collacott as ambassador to Cambodia in 1995. “He was a brilliant analyst, did his homework, very engaging, humourous guy who worked very, very hard at whatever he did.

“Martin had so many dear friends, just a great all-around guy.”

Working as a diplomat behind the scenes, Collacott rarely got his name in the news, but his lobbying helped free two Jews held in Syria and made the Lebanese government search for a missing woman who had dual citizenship with Canada. Once his convoy was halted by armed Tamil separatist guerrillas in Sri Lanka as he tried to meet a military commander in the north of the country.

“Martin was an incredible man,” said Brian McConaghy, a former RCMP forensic scientist who founded Ratanak International to help police track Canadian pedophiles in Cambodia and help their victims. “He was a man of character, particularly in this day and age in intergovernmental relations when so many people are completely crass and obnoxious.

“Martin would have a level discourse. He was a man of quiet dignity who served Canada well.”

Born in 1933, Collacott was an old Asia hand with postings to Vietnam, Hong Kong, Lagos and Tokyo. He was the only Chinese-speaking person on the Canadian negotiating team when Canada established diplomatic relations with China in 1970.

His assignments included director general for security services with External Affairs overseeing counter-terrorism policy, high commissioner to Sri Lanka, ambassador to Syria/Lebanon, and ambassador to Cambodia.

His 1991 posting to Phnom Penh after the atrocities carried out by the Khmer Rouge government and the Cambodia-Vietnam war, which was ended by a 1991 peace accord negotiated in Paris. It was a posting many in the diplomatic community would have considered a punishment assignment, but not Collacott.

“That was a really rough environment,” said McConaghy. “It was an arduous posting in terms of physical conditions, isolation, etc.

“But he requested it. He had a concern for the country. He wanted Canada to participate and follow through with the peace process and be helpful to a country that was completely traumatized after the most thorough national genocide in modern history.”

In 2001, Collacott became a senior fellow at the Fraser Institute in Vancouver studying immigration policy, the treatment of refugees and terrorism. A polarizing opinion writer, he was a tireless critic of what he considered as Canada’s lax immigration policy (he had 67 bylines in the Vancouver Sun, beginning in 1998 and his last op-ed appearing four months ago).

As McConaghy put it, he was not afraid of being politically incorrect if he believed the message he was conveying was logical and factual.

“He really was old style,” said Michael Walker, the Fraser Institute’s founding executive director. “He was extraordinarily dedicated, totally focused on the country’s best interest. I can’t say enough about the quality of person we have lost in his passing.

“Martin was very much aware of the collateral damage (that could be done) even with the best interest of wanting to help people at heart. He was genuinely concerned about Canada and the way in which immigrant issues are handled, and the failure to manage immigration well in terms of matching immigrants or refugees with Canadian society.

“He felt there would inevitably be a backlash, as we have seen in the United States and, I believe, will soon see in Canada.”

Collacott is survived by his wife Tuyet, sons Chris (Emily) and David (Nina), and three grandchildren. A private family service will be held.

“Everybody I’ve talked to over the years, I never heard a bad word said about that man from anybody, ever,” his friend McConaghy said. “He was just a great guy, as well as being very, very skilled. It’s such a loss to lose a man of such dignity.”

gordmcintyre@postmedia.com

twitter.com/gordmcintyre

Vaughn Palmer: Stakes couldn't be higher in Site C injunction case

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VICTORIA — After years of budget overruns, construction delays and political controversy with Site C, B.C. Hydro is back in court this week, fighting a legal challenge that seeks to stall the project for months or even years.

Seeking what amounts to a stop work order on construction of the giant hydroelectric dam is the West Moberly First Nation, which says Site C will do irreparable harm to the band’s traditional territory and rights.

In an action that began Monday in Vancouver, the band asks a B.C. Supreme Court judge to issue an injunction against Site C construction, pending a full blown court challenge scheduled for next year.

Fighting the injunction is B.C. Hydro, which has a record of success defending Site C in court. As of this time last year, the Crown corporation reported 14 wins and no defeats in fending off legal challenges of one kind or another.

But the West Moberly application raises the most serious implications to date because the project is further along than when earlier challenges were filed.

This month marks the third anniversary of the official start of construction.  Presuming the project remains on schedule for completion in late 2024, about one third of the allotted time is already gone.

Spending so far exceeds $2.5 billion, or about one quarter of the most recent upward revision of the budget to $10.7 billion.

Hydro notes in its court filing that Site C was well underway when West Moberly (after losing an earlier court case) applied for the injunction on Jan 31 of this year — “two and a half years after construction was commenced and after $2 billion had been spent.”

Some 2,800 people are employed on the Site C project according to Hydro’s most recent tally, released earlier this month. More than 2,000 are employed at the site itself in construction and related services. The tally includes engineers,  managers,  consultants and Hydro employees working off-site.

Most of the workforce (84 per cent) is recorded as “B.C. primary residents.” About 650 are “Peace River regional district primary residents.” More than 200 are Indigenous people, and 370 are women.

Though only a quarter of the budget is spent, more than half is locked in through $6 billion worth of contracts, all of which would be affected by any significant delay.

While Site C is big enough to allow for some workarounds, the diversion of the river is confined to a narrow window in September of any given year. Already the target date has been postponed a year to 2020.

The full impact on the project of any injunction would depend on whether the court went for a full or only a partial shutdown.

Hydro poses two scenarios, one for a full-blown injunction, then for a partial.

“An injunction stopping work on the entire project will extend the in-service date of the project by at least the length of the work stoppage; result in the loss of contractors and skilled employees; require re-doing of design and planning work; add to the cost and schedule pressures; increase the complexity of managing the project, and require very substantial design, construction and maintenance work for the purposes of preservation and mitigation during the work stoppage,” says the Hydro filing in part.

“The additional cost of the project, if all construction work is halted for two years, is estimated at $1.44 billion; and $1.86 billion if halted for three years.” (Three years is not implausible. The outcome of next year’s court proceeding would likely be appealed whichever side wins the first round.)

Presuming the court were to confine the injunction to work in areas that West Moberly has identified as critically important to its interests, the impact would still be sizable.

Hydro reckons it would mean halting the realignment of Highway 29 around the site of the reservoir, ending clearing and shoreline projection for the reservoir itself, putting on hold construction of about one third of the transmission lines for the project, and stopping off-site quarrying for the aforementioned work.

Plus all those holdups would probably contribute to another year’s delay in the river diversion.

“The additional cost of the project if the alternative injunction stopping all construction work in the areas said to be “critical” is granted and the work is halted for two years is estimated at $660 million; and $ 1. 1 billion if halted for three years.”

Debatable? Sure. West Moberly’s extensive filings take on Hydro on a number of fronts, including its estimates of the costs and delays arising from an injunction and its insistence that Site C is on time and on budget. The court has set aside two full weeks to hear all the arguments for and against the injunction.

Even if Hydro lawyers do manage to fend off a full or partial injunction, there is still legal action number 16, scheduled to go ahead next year.

That action is the broadest yet, seeking as it does redress not just for Site C but for the previous Peace Canyon and W.A.C. Bennett dams, extending claim for damages back more than 50 years.

All those legal actions on one, admittedly huge, project and still no end in sight. Might there be a better way?

Perhaps. The New Democrats have just launched a bold effort to establish a new way of reconciling resource development and Indigenous interests. But that is a topic for another day.

vpalmer@postmedia.com

Wilkinson calls speculation, school taxes 'class warfare'

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B.C. Liberal leader Andrew Wilkinson’s answer to the Lower Mainland’s affordability crisis: more supply, particularly condos and townhouses.

To encourage more construction — and densification, which is the purview of municipalities — the province could reward municipalities that increase housing and densification, Wilkinson told the Vancouver Sun and Province editorial board on Monday.

“I think there is a significant role for incentives for developers. The province could come along and say: if one of the 23 municipalities can show leadership, blaze the trail for more affordable housing in a timely manner, they should be rewarded by the province,” said Wilkinson.

The new Liberal leader, who has been at his new job just under six months, had no formal housing plan to discuss, but suggested the potential of pouring half of any budgetary surpluses into an infrastructure fund that could be used “equitably” around the province.

The fund might be used for highways in the Interior, hospitals on Vancouver Island, or infrastructure incentives for municipalities in the Lower Mainland, said Wilkinson.

He also suggested the possibility of duplicating what he called “out-of-the-box” thinking used in Hong Kong, where the funding method for the MTR rapid transit system allows development along the rail line to pay for the transit stations.

As many as 10,000 to 50,000 housing units are built, and the developers who build the units also build the station, said Wilkinson.

Called the railway-plus property model, it was established 40 years ago and provides property development rights alongside the railway to the MTR. In some cases, the Hong Kong government-owned transit company then translates those rights — and increased value of property with transit — into profits or ownership of properties, according to an article by McKinsey & Company, a global management consulting firm.

Housing affordability was a key issue in last year’s provincial election, which saw NDP Premier John Horgan come to power with a minority government after 16 years of B.C. Liberal rule.

The Liberals, under then-premier Christy Clark, were criticized for not acting quickly enough to institute measures to cool the Lower Mainland housing market, for which high prices were partly blamed on an influx of foreign investment.

The B.C. Liberals eventually brought in a foreign buyer’s home tax of 15 per cent in the summer of 2016.

That tax was increased by 20 per cent by the NDP earlier this year.

The NDP has also introduced a so-called speculation tax on empty homes that are not the primary residence of the owners, and an increase in the school-tax rate on the value of homes in excess of $3 million.

Wilkinson said more data is needed before passing judgment on the foreign buyer’s tax.

He does not like the other taxes, saying they will increase housing costs, not decrease them.

He called the school tax increase a revenue grab that hammers people in West Vancouver and the west side of Vancouver, and said it is a “class warfare” measure.

“The NDP are right into the idea of managing people’s lives. And it is abundantly clear they have decided to declare war on some people in British Columbia by creating friends and enemies and demonizing some people as these troublesome people out there that need to be policed.”

The NDP have a razor-thin minority supported by three Green party members, but one NDP MLA, Leonard Krog, has decided to run for mayor in Nanaimo.

If Krog wins the mayoral race in October, it would put his Nanaimo seat up for grabs in a provincial byelection that would have to be called within six months.

Wilkinson is holding a caucus meeting Wednesday in Nanaimo, a long-time NDP stronghold.

He said any Liberal candidate for Nanaimo would have to have a profile in the community and have a market-based approach to the economy.

ghoekstra@postmedia.com

twitter.com/gordon_hoekstra


B.C. Greens frustrated at NDP's ride-hailing and union-only construction announcements

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VICTORIA — B.C. Green Leader Andrew Weaver says he is frustrated with the NDP government’s decisions on ride-hailing and union-only construction rules, and will raise his concerns with Premier John Horgan at a meeting this week.

Weaver said he does not support the government’s delaying of ride-hailing for another year nor its new policy that workers on major government projects like the Pattullo Bridge replacement must join unions to be eligible.

Horgan and Weaver meet Friday.

“I plan to express my concern over this, and he can say why we did it and we’re going to end up disagreeing. But we won’t be shouting at each other,” Weaver said on Monday. “That’s our job.”

The Greens control the balance of power in the legislature and the NDP govern because of an agreement the two parties signed in 2017. However, Weaver said he doesn’t intend to threaten the NDP with a new election to obtain changes to ride-hailing or union-only construction, saying to do so would endanger the other progress the two parties are making together.

“It doesn’t work like that,” said Weaver. “The power we have is saying we lost confidence in government. But we want to make this work. So it’s tough being in opposition in the position we are.

“We’re not elected to, on every issue, say government must fall. That’s outrageous.”

Weaver said he will try to persuade the NDP to change course through public criticism.

“I point things out whenever there is an opportunity on issues,” he said. “We frankly need to embarrass the NDP on this file to actually do it (ride-hailing). We’re trying to pull them along into the right direction.”

The government announced July 16 a “community benefit agreements” program on major provincial building projects. It was billed as a way to encourage more women, Aboriginal people and apprentices on taxpayer-funded work. The Greens support that, but not a clause that requires any worker join one of the NDP’s selected union partners within 30 days of entering a job site.

“You can have a community benefit agreement whether it’s union or non-union,” said Weaver. “To say it must be union, it strikes of paying back political favours and is very troubling.”

The union-only construction rules are similar to a 1990s NDP program that critics said amounted to patronage for the public sector unions that support NDP election campaigns. However, union and corporate donations are no longer allowed under a law the NDP passed law year.

The government also announced last week it will not allow companies like Uber and Lyft to operate in B.C. until at least September 2019, despite an initial promise to allow them in 2017. Weaver tweeted a picture of a colleague waiting at Vancouver’s airport with dozens of other people for a taxi, saying it “sends an embarrassing signal to the world.”

Weaver said the NDP’s excuses boil down to the fact they are beholden to taxi lobbyists and pro-taxi voters in a handful of Surrey ridings.

“They should just stand up in publicly and say we don’t want to do ride-sharing because we’re worried about three seats south of the Fraser and there’s a lobby group of owners who want don’t ride sharing,” said Weaver.

The Opposition Liberals have accused the Greens of repeatedly bluffing in their threats to withdraw support from the NDP. The Liberals say the Greens want to hang on long enough to pass this fall’s referendum on proportional representation, which would boost their seats in future elections.

“We’ve had very stable and effective government in most of the English-speaking world for 150 years,” Liberal leader Andrew Wilkinson told the Postmedia editorial board on Monday. “And we shouldn’t monkey with that to keep the Green party happy.”

rshaw@postmedia.com

twitter.com/robshaw_vansun

Vancouver seeks steep permitting fee increases

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City of Vancouver staff want to significantly hike the fees they charge for rezoning, development and building permits.

The increases would range from 12 per cent to a whopping 55 per cent starting Jan. 1, 2019. The extra $7.9 million the fee hikes would rake in would help recover city costs to process permit applications, according to a staff report headed to council on Tuesday.

“Given the continuing gap between city costs to process applications and the revenues generated by these permits, it is recommended that fees be increased,” the report states.

Kaye Krishna, the city’s general manager of development, buildings, and licensing, said over the past few years, staff costs for development-related work were not being recovered by fees. Instead, that development work was being paid for through tax dollars.

“I think there’s a general consensus … that development should pay for itself and that it shouldn’t necessarily be a taxpayer burden. That’s a principle we’ve heard consistently through public feedback,” Krishna said.

“By and large, from the industry, we’ve heard, ‘You’re making progress, we need more resources, and we want to get our development permits faster,’ and if this helps to do that then they support it.”

Some fees would go up by just a few dollars (for example, permits for minor repairs to a heritage building would rise to $71.70 from $64), but others would see increases in the thousands of dollars. The fee to amend the text of an official development plan, for example, would increase from $45,200 to $50,600.

Non-Partisan Association Councillor Melissa De Genova said she has previously voted against the idea of increasing permit fees.

“I feel that there’s been a number of increases in fees and I believe that will impact our commitment to affordable housing,” De Genova said. “I’m concerned that when we look at the bottom line, at the costs, that I consistently hear we’re going to have more staff, we’re going to have better service, and things are going to move faster, but that’s not what I’m hearing. And I’m not seeing the timelines come down.”

The city has hired dozens of new employees since last October to help deal with permit applications, and that has “had a significant positive impact on service delivery as well as staff morale,” according to the report. Some wait times have dropped, including permit processing for low-density housing, which fell from 35 to 25 weeks. But waits for some permit processes that are of lower priority have not seen such marked improvements, Krishna said.

Rezoning inquiries steadily increased since 2009, with the exception of a dip in 2014, and the number of development and building permit applications are forecast to be near multi-year highs in each of 2018 and 2019, according to the report.

Tom Davidoff, a professor at the University of B.C.’s Sauder School of Business, said what matters to the housing market is “flow through.”

“Clearly, getting applications processed is good for the housing market (in the sense of adding new supply and lowering prices), so if this is the only way to fund more processing, this is a good thing over short or long horizons,” he said in an email.

A recent report from the C.D. Howe Institute found government regulations and development charges had driven up house prices in the region. In Vancouver, after factoring in profit for the developer, close to half of the price of a new detached home was attributed to government fees and regulations, according to the report.

The gap between the cost to build and buy a Vancouver house was $322 per square foot. For an average detached house worth $1.3 million, the cost works out to $644,000, the report found.

mrobinson@postmedia.com

Sentencing hearing continues for three youths in Luka Gordic slaying

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Two of the young men who were convicted in the swarming attack that killed Luka Gordic in Whistler should spend between four and six years behind bars, a prosecutor said Monday.

In October, B.C. Supreme Court Justice Terence Schultes found the accused, who cannot be identified because they were under the age of 17 at the time, guilty of manslaughter in connection with the May 2015 fatal stabbing of the Burnaby teen.

A third young man, who also cannot be named due to a publication ban, was found guilty of second-degree murder.

The Crown has previously made submissions seeking to have the three young men sentenced as adults rather than as youths.

In a continuation of his sentencing submissions Monday, Crown counsel Hank Reiner noted that the judge had requested that counsel provide full sentencing positions before his decision on whether to raise the accused to be sentenced as adults.

He argued that the significant aggravating factors in the case were that it was a planned and organized attack and involved a group of young men swarming and fatally assaulting a defenceless victim.

“The killing of Luka Gordic was a culmination of a plan to find him and attack him as a group wherever and whenever he might be found.”

Reiner said that the two accused convicted of manslaughter were voluntary and leading participants in the pre-planning of the attack.

He argued that the accused were aware that Arvin Golic, a fourth young man convicted of manslaughter and tried separately, wanted to hunt down Gordic following a petty dispute between the two young men.

Reiner called for the two convicted of manslaughter to get between four and six years in prison, with one of the accused getting a sentence at the low end of the range and the second accused getting a sentence at the high end of the range.

If the young man who was convicted of murder gets raised to be sentenced as an adult, he will face a mandatory sentence of life in prison with no parole eligibility for seven years.

Court has heard that the accused and the victim were part of a group of teens from Burnaby who travelled to Whistler to celebrate high school graduation.

Luka Gordic was stabbed to death in May 2015 when a group of teens from Burnaby travelled to Whistler to celebrate high school graduation.

After a minor dispute between Golic and Gordic, the victim was confronted by a group of young men and fatally stabbed.

Golic has been sentenced to seven years in prison for his role in the killing.

Doug Jevning, a lawyer for the accused who wielded the knife and was convicted of murder, noted the mandatory nature of the sentence if his client is raised to adult court.

He has argued, however, that his client should be sentenced as a youth and should receive an intensive rehabilitative custody and supervision order.

The two other defence lawyers are expected to continue their submissions Tuesday.

Victim impact statements are expected to be read out later this week after which the judge will impose sentence on the three accused.

Security remained tight at the sentencing hearing in B.C. Supreme Court in Vancouver.

Many family members of the victim were in attendance, including the victim’s mom, Clara Gordic. She said outside court she trusts the judge will impose the appropriate sentence.

kfraser@postmedia.com

twitter.com/keithrfraser

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Woman's death in Vancouver clothing donation bin sparks calls for safer design

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A woman’s death inside a clothing donation bin at a Vancouver community centre Monday morning has pointed attention to a string of similar deaths and has renewed calls to make the bins safer.

The Vancouver Police Department and the B.C. Ambulance Service were called to a “sudden death” in the parking lot of the West Point Grey Community Centre just after 4 a.m. 

The woman, in her 30s, was found dead in the donation bin at the scene, prompting an investigation by the coroners office. 

“It was an unfortunate loss of life in the clothing bin,” said Assistant Fire Chief David Boone, whose department was called in to assist in the body’s extraction. “She climbed to get clothing and got hung up and succumbed to her injuries.”

Fire crews cut the lock on the panel in order to retrieve the woman’s body.

Saskia Wolsak, who lives nearby, said she rushed to the scene after she heard a man believed to be the woman’s boyfriend, call for help.

A clothing donation bin outside of the West Point Grey Community Centre in Vancouver. The bin was removed Monday after a woman was trapped and died.

“The lower half of her body, from her waist down was protruding from the door of the bin,” she said.

The donation bin, which accepted clothes and shoes, belonged to the non-for-profit Developmental Disabilities Association, which did not comment before deadline.

Witnesses and neighbours on the scene could do little to help free the woman caught in the bin before emergency crews arrived.

The name of the deceased woman has not been released and her exact cause of death is unclear.

“The boyfriend, his face just crumpled and he turned away and was in tears,” Wolsak said. “I said, ‘Would you like me to just sit here with you?’ and he nodded and started crying, and so I just sat there.’ ”

Deaths in clothing donation bins have been recorded across Metro Vancouver and cities across the country. Wolsak said she was surprised to learn of incidents across the world.

“It just seemed like an obvious bad design, no one should be crushed in a donation bin, particularly one put out by a charity,” Wolsak said. “It doesn’t matter if someone is diving, trying to get clothes from a donation bin, they don’t deserve to be harmed.”

In March 2016, a 20-year-old man was killed after becoming trapped inside a Surrey donation bin.

In September 2015, Anita Hauck, a homeless advocate, died in a Pitt Meadows donation bin as she was trying to get a blanket and jacket for someone who had lost their possessions.

In June of that same year, fire crews in New Westminster freed a man trapped inside a clothing donation bin, using the Jaws of Life.

Just last month in Calgary, a man in his 30s was sent to hospital in critical condition after being found trapped inside a donation bin.

Derek Weiss from the Union Gospel Mission in Vancouver said that the incidents often involve those in destitute, and that there have been calls from some homeless advocates to make the bins safer.

“What really breaks my heart about this, is that they were is such need that they were diving into these things,” Weiss said.

“It’s time we look into another design. We think it’s probably wise to do,” he said.

bmahichi@postmedia.com

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Wildfire closes Highway 1 near Spences Bridge in B.C. interior

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A grass fire near Spences Bridge in the B.C. interior has closed Highway 1 in both directions and is threatening nearby residences.

Thompson-Nicola Regional District, which issued an evacuation order for three homes on Monday evening and an evacuation alert for dozens of others, says the fast-moving fire poses an imminent threat to people and property.

Drive B.C. says a section of Highway 1, about five kilometres east of Spences Bridge, has been closed to traffic in both directions and there is no time estimate for it reopening.

Alternate routes are available via Highways 8, 5, 12 and 97C.

Spences Bridges is located about 42 kilometres south of Ashcroft.

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