FILE PHOTO

(LEVI LANDRY / iNFOnews.ca)

Lawyers met in court for the first time after a group of Kamloops residents challenged a counter petition process saw $275 million in loans for new facility.

Central to the challenge is whether the City properly notified the public of the counter petition, for which nearly 9,000 voters would have been needed to shut down each of the two Build Kamloops loans. On Jan. 15, a lawyer representing Katherine Wunderlich brought her argument to Justice Joel Groves, claiming the City fell short of its required notice.

Lawyer Jody Wells said provincial legislation requires local governments advertise the counter petition in two places, aside from the city hall bulletin board. Though it was posted to the City website, its own social media pages, email newsletters and noted on utility mailouts, the electronic notice wasn't sufficient, she said.

The counter petition was chosen over a referendum last summer as the City sought voter approval for a combined $275 million in borrowing that would fund a new performing arts centre and a four-ice sheet arena. The arts venue had been long discussed and would've gone to its second referendum in 2020 had the COVID-19 pandemic not forced the vote to be cancelled. More than four years later the venue was back, but not on a ballot sheet.

The counter petitions, or Alternative Approval Processes, to block either of the two facilities failed in September and Kathrine Wunderlich, of the self-appointed watchdog group Kamloops Citizens United, filed against the City in court the next month. She argues the approval should be tossed and both matters be brought back for a referendum instead. 

Had the counter petitions been successful the City would have been forced to go to a referendum anyway, but the Alternative Approval Method was chosen because it's cheaper and faster.

Hanging over Wells' argument around the City's chosen advertising method was the lack of a local newspaper due to the closure of Kamloops This Week in 2023. Wells noted that Kamloops had no newspaper at the time of the counter petition.

Provincial laws require municipalities with at least one weekly newspaper to advertise notices for a counter petition over at least two consecutive weeks. Changes in 2022 allow cities to find alternative means of advertising and, in the case of Kamloops, it was the only option. It's up to city council to determine what counts as "reasonably equivalent" to a newspaper advertisement, according to provincial government guidance.

Months before the Build Kamloops petition was discussed publicly, the City changed its advertising policies in the wake of Kamloops This Week's closure. Some cities, like Prince George, have even opted to advertise on their own websites, social media pages and through mail even while there is still a newspaper actively publishing.

City lawyers are planning to have the petition tossed, arguing the City followed the rules set out in provincial legislation, but it's not clear how long Groves will take to bring his decision.

While Wunderlich was sat beside Wells as the petitioner against the City, she was backed by watchdog group member Coley Ecker in the galley, along with others supporting their court challenge. Only two lawyers were sat before Groves on the City side of the counsel's table, but most of city council was there to watch on Wednesday morning, including councillors Dale Bass, Margot Middleton, Mike O'Reilly, Kelly Hall and Nancy Bepple.

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