Court gives go-ahead for nature viewing platform opposed by heritage society in a Comox park
The Mack Laing Heritage Society fought against the plan, saying it went against the late naturalist’s wishes
The B.C. Supreme Court says the town of Comox on Vancouver Island can build a nature viewing platform in one of its parks — a plan a local heritage society had protested.
The park is at the home of former longtime resident and naturalist Mack Laing. He gave the land to the town in 1973 but stayed there until his death in 1982.
When Laing died, he left money and some of his original artwork to the town in hopes that it could use the proceeds to turn his home into a natural history museum.
The land quickly became a park, but the building — called Shakesides — was rented out and eventually left empty.
In 2015, the town decided to demolish both Shakesides and a neighbouring building where Laing once lived with his wife.
At that point, the B.C. attorney general's office stepped in, in its legal role as the body that represents trusts.
To demolish the building, the town needed to amend the trust to which Laing had left his home.
A non-profit organization, the Mack Laing Heritage Society, also became involved.
The community group, formed in 2014, set out to protect Laing's original wish his home be turned into a museum.
A platform to view plants, birds and other animals
Comox and the attorney-general worked out a plan to amend the trust in a way that would honour Laing's wish for the public be able "to enjoy the quiet beauty of a nature park."
It calls for the home to be demolished and a nature viewing platform built on its foundation.
According to the town, the platform will allow views of birds, plants and animals, both on land and in the ocean.
The platform will feature information panels about Mack Laing, the environment and First Nations history.
The town says it has consulted with the K'ómoks First Nation.
'Admirably reflects the general wishes'
This week, B.C. Supreme Court Justice Jennifer Power ruled that the town can go ahead and amend the trust and demolish the home to build the platform.
She noted that while Laing's will included a wish his home become a museum, the money he left was not enough to make it happen — and the building itself is not actually suitable for a museum, especially given that the land often floods.
She also said the will acknowledged that his exact wishes may not be achieved.
Power ruled the proposed viewing platform "admirably reflects the general wishes of Mack Laing respecting the Park Lands and the role of Shakesides relative to the land."
"The proposal enhances the current Mack Laing Park and allows Mack Laing's role as a pioneering naturalist to be respected and honoured."
To ensure that the history of the naturalist and his home are adequately shared, Power said at least three information panels should contain information, photos and artwork about them.
She also said the home must not be demolished until all planning is complete and it is certain that the platform will be built. Once construction begins, it must be completed within 18 months.
Next steps
The town says it will now begin work on fulfilling the court's requirements and preparing for construction.
In a statement, Mayor Nicole Minions acknowledged that the plan has been a long time coming — and there have been conflicting opinions in the community about how to proceed.
"As we move forward with implementation, Council has expressed and acknowledged the desire to find a way to heal the community divide by building on the natural history," said Minions.
She added that the council must respect commitments it has made to the United Nations Declaration on the Rights of Indigenous Peoples and to local First Nations.
Construction is expected to begin in 2024.