Greater sandhill cranes in Burns Bog
with Vancouver visible in the background (BBCS 1999)


Burns Bog: 
Protection Values And Management Options
by Peter Wood

Table of Contents

Executive Summary

Introduction

Background

The 1999 Theme Park Proposal: A "Win-win-win" Situation?
The Proposal
The Opponents
The Proponents
Government Role
First Nations
Protection Values Legislative Basis for Protection

            Federal
            Provincial

Analysis: What Protection Does Burns Bog Require?
Analysis: Feasibility of Protection
Analysis: Management Options

    Regional Park
    Ecological Reserve
    Co-Management
Policy Recommendations

Conclusion

Literature Cited

Appendices (not currently available online)


 
Executive Summary

Burns Bog, located in Delta, British Columbia, is one of the largest urban wetland areas left in North America. It has faced numerous threats of development that would limit its function as an ecological refuge for a diverse and unique group of species. This paper examines the impacts that development has had on the bog, and the stake holders involved in the most recent proposal put forth by the provincial government. This proposal represented a compromise between development and preservation that all but one environmental organization opposed.

The stake holders include the developers, the non-governmental organizations, the municipal government, and the provincial government. In addition, First Nations are discussed as stake holders. Despite their traditional use of the bog and treaty claims they have never been invited to participate in its management.

Many ecological, historical and archeological values exist for protecting the bog. Overall, there is a great potential to use the bog as an educative resource. There is also an extensive legal basis for protection, falling under both provincial and federal jurisdictions. The question of whether or not this is feasible is another issue altogether; the majority owner of the bog, Delta Fraser Properties, has turned down a number of offers for the bog’s purchase. This brings up the controversial issue of expropriation and it relationship to private property rights. In the wake of overwhelming public opposition to the bogs development, it appears likely that this might have to be the ultimate solution.

After establishing that the goal of protection is justified, management options are discussed. The Burns Bog Analysis, commissioned in 1993 by the provincial government, outlined four principal concepts for the delineation of protection boundaries. It is determined that Concept B is sufficient to maintain the integrity of the bog without having to purchase the neighboring landfill expansion site.

The management options for this site include the establishment of a regional park, an ecological reserve and co-management between First Nations, non-government organizations and the Greater Vancouver Regional District. It is determined that the optimum strategy for protection would be a hybrid of all three of these strategies. This would reflect the shared responsibility that the various bands claiming the bog used to enjoy in traditional times, as well as encourage citizen involvement.

 

1.0 Introduction


Burns Bog has been the centre of controversy for many years. Situated in prime real estate south of the Fraser in Delta, British Columbia, it has attracted numerous land development proposals. At 4,000 hectares (ha), it is the largest urban green space in Canada, roughly ten times the size of Stanley Park (Burns, 1997). Recently, the provincial government announced a deal that would allow the development of roughly half the bog while ensuring the other half’s preservation. Due to public opposition, this deal did not go through. However, the bog is still open to other usage such as peat mining and cranberry farming,

The goals of this paper are to analyse (a) what protection Burns Bog requires, (b) how feasible this protection is, and (c) what management strategy would best achieve the protection. First, the background of the conflict will be examined, looking at the various historical uses of the bog, from traditional indigenous people’s use up to the present day ownership, and their associated impacts. Next, the most recent development proposal will be examined, from the perspective of the stake holders involved and the role that various levels of government played. Finally, the analysis will examine the values that protection of the bog offers, and legislation that is applicable to this end. The need for and viability of protection will be examined, and management mechanisms assessed for their suitability.

2.0 Background

2.1 The Ecological Origins of Burns Bog

About 10,000 years ago, the last remnants of the 1.5 kilometre-thick ice sheet that covered the Lower Mainland during the last glaciation disappeared, allowing the land to rise approximately 150 metres. At this point, the Straight of Georgia extended all the way to what is now New Westminster. With the Fraser River discharging massive amounts of sand, silt and clay at its mouth, a delta began to form and pushed its way seaward (Burns, 1997). Around 5,000 years ago, plants such as rushes and cattails began to take hold in the rich sediment of the tidal flats, from which Burns Bog developed. When these early plants died, their remains facilitated a successional change towards plants like sedges, grasses, and then shrubs.

About 3,500 years ago, peat began to form in Burns Bog. This was facilitated by the impervious layer of clay underneath, which trapped rainwater and restricted flooding from the river that would have provided nutrient enrichment. This produced the nutrient-poor, acidic, and anaerobic conditions which allowed Ice-Age plants like sphagnum mosses to survive. As these mosses grew and died over the years, they formed a dome-shaped layer of peat, raised as high as 16m above sea level in the centre.

The vegetation of Burns Bog today is representative of North American raised peatlands, with a high diversity of plant and animal species (see Appendix F). Among the 199 plant species recorded in the area, however, are several bog species unique to the Lower Mainland (Hebda, 1991). These include arctic relics such as the Bog Rosemary (Andromeda polifia), Bog Laurel (Kalmia microphylla) and the Sundew (Drosera rotundifolia). Burns Bog represents the southernmost limit for several of these species (BBCS, 1999). Large lodgepole pine are distributed around the outskirts, while their relatives have been reduced to diminutive status by the nutrient poor, acidic conditions in the centre of the bog. The bog is dominated by peat, which acts like a giant sponge, holding up to 30 times its weight in water.

The fauna present in Burns Bog is equally diverse. There are over 150 species of birds, both resident and transient, such as the Greater Sandhill Crane and the Trumpeter Swan. The 24 mammal species that inhabit the bog include black bear, red fox, black tailed deer, bobcat, coyote, porcupine and the North-Western jumping mouse. Although little has been researched about the insect populations of the bog, two rare species (Beller’s ground beetle and the Blue Darner dragonfly) have been found (Bergdahl, 1999).

2.2 Historical First Nations Use of the Bog

First Nations peoples are known to have lived in the Lower Mainland and the surrounding Fraser Valley for an estimated 9,000 years (Burns, 1997). The Sto:lo or "People of the River" used the Fraser to transport them the length of their territory, which extended all the way to Yale. Described as "peaceful and hospitable", the Sto:lo willingly shared the land and its resources with other tribes. They do not believe in the concept of land "ownership", although visiting groups would ask permission to use their traditional territory.

In the summer, the Sto:lo set up villages in Burns Bog in time to harvest the bounty of salmon that passed through the Fraser, which comprised a vital part of their diet. They hunted and gathered food from the bog, and used the peat moss for multiple purposes, such as insulation and babies’ diapers.

A number of Native myths and legends surround the bog. One relates to the appearance every March of the greater sandhill crane. The Katzie, a band recently separated from the Sto:lo Nation, believe that the spirit Kaahls transformed two sisters into cranes when he witnessed them laughing and dancing while they were supposed to be gathering food. Since then, the sisters have roamed the bog as cranes, cackling and dancing (Burns, 1997).

Another myth told by the Tsawassen tribe attributes great powers to the bog. It is believed that two friends walked deep into the bog, lured by cranberries that got bigger and bigger as they approached the center. One of the men fell into a slough and was eaten by a fierce creature. The other fled, and when he reached home he realised that he had acquired a secret power. This power allowed him to successfully hunt without nets or snares, all the game he caught showed blood around the mouth. Soon after, children of the village started turning up dead with similar bloodstained mouths. The people became very angry, believing that the man had abused his powers and angered the spirits. They killed him, put him in a canoe and buried him. Today it is still widely believed that the bog holds spiritual powers, and that those who emerge from the center of the bog do so with a transformed consciousness (Christie, 1998).

Soon after the arrival of Europeans, a residential school was established in the bog. According to Tom Blackbird, a member of the Katzie band, a moat was built around it to stop runaways (Blackbird, 1999). The school was torn down in the 1930’s.

2.3 European Ownership and Associated Impacts

In 1882, the Marquess of Lorne (Canada’s fourth Governor General) acquired the entire bog from the Crown for the bargain price of one dollar per hectare, on condition that he "settle" or reclaim the land. This he never did, and legally, the land should have return to the Crown (Christie, 1999). Instead, Lorne held on to the property until 1905 when he sold it to Dominic Burns for $26,000. Burns was an industrialist and businessman of Irish descent, with a stutter that left him shy of publicity. He quietly contributed to various charities, and died a bachelor in 1933 at the age of 74 (Burns, 1997).

Mining of the bog began in the 1930’s. The extracted peat was used as low-grade fuel and for the refining of magnesium in American munition factories. At the peak of production during Word War II, the bog was producing 36 million kg of peat annually, employing 1500 workers. In order to extract the peat, a 16km long railroad was constructed through the centre of the bog, as well as two peat-processing plants, roads, pipelines and ditches. Although much of this infrastructure has been demolished or has sunk into the bog, remnants of the railroad and some rusted machinery can still be seen. Only one company is still in operation today, at the south of the bog (see Appendix D for current land use)

It has been estimated that approximately forty percent of the original bog was altered through early peat mining operations (Butler and Campbell, 1987). However, these areas are now showing signs of recolonization by sphagnum and other bog species, suggesting that the bog does have the ability to recover from this type of disturbance (Kistritz, 1992).

The bog changed hands several times during the 20th century. Most recently, in 1981, Mclauglin and Associates, a company from Missassauga, purchased the land. Nicholas Westeinde married McLauglin’s daughter and became president of the subsidiary company, Western Delta Properties Corporation. One arm of this company, Western Delta Lands, Ltd., holds the title to 57% of the bog.

During the last two decades, Western Delta Land, Ltd.has come forward with several different development schemes for the bog. In 1988, a "superport" was proposed. This was to entail a major dredging of the bog, to allow channel access to the Fraser for major tankers. In 1992, a 350-hectare racetrack was proposed for the bog, to relocate the one from Hastings Park (Vancouver Sun, 1991). This proposal was debated for two years, and then abandoned in favor of upgrading the existing stadium. In May of 1994, the Pinetree Golf and Country Club applied to build a golf course, involving extensive drainage, fill and compaction, as well as the use of fertilizers, pesticides and herbicides.

These large-scale development proposals have raised a great deal of concern, and have failed in the wake of overwhelming public opposition. Meanwhile, many smaller developments have had a significant impact collectively and yet have gone relatively un-protested by the public. As Joe Foy of the Western Canada Wilderness Committee says (1999), "Burns Bog will die, even if it dies bit by bit" (1999).

The most obvious of these developments is the landfill, the final resting place for over 400,000 tons of garbage annually from Vancouver, Delta, Richmond, White Rock and the University Endowment Lands (Krangle, 1998). Since 1962, the City of Vancouver has leased 627ha of the bog for the site of B.C.’s largest solid waste dump (MOELP, 1993). The city pays Delta an annual fee of $800,000 for the lease, and allows Delta to dump there without charge. Even after paying this fee, the City of Vancouver makes $11 million annually on the GVRD dump, paid by the other municipalities who dump there (Burns, 1997). This agreement was renewed in 1976 and again in 1997, this time for 40 years. The landfill recently received approval to increase its height.

The GVRD is not the only one using Burns Bog as a landfill. There are numerous other private landfills in the area, accepting demolition, land clearing and construction wastes (Burns, 1997). Collectively, these other dumps receive almost the same volume of waste as the public one. However, these dumps are hard to monitor, and they have been known to violate toxin regulations frequently. In a recent ruling in the BC Supreme Court, BC Gas received $3 million in a suit against a private landfill for damaging one of their gas lines. By over-filling, the land had shifted over 3 metres, almost severing the line. This incident emphasized the bog’s unstable nature, and brought into question whether any significant infrastructure could be maintained in the bog (Pynn, 1999a).

The Burns Bog Conservation Society (BBCS) has criticized the use of the bog for landfills due to the unstable nature of bog soils and the proximity of sensitive species. The danger of landfills releasing gasses and leaching heavy metal and chemical laden liquids into the groundwater table is a very serious problem (BBCS, 1998). In addition, the introduction of extra nutrients allows non-bog species to out compete residents of this delicate ecosystem.

Another land use that has gradually been encroaching on the bog is cranberry farming. Although the land is classified as Class 7 (the lowest rating of agricultural land), the soil type is perfect for the cultivation of cranberries. Cranberry farms operate primarily on the perimeter of the bog. Their operations depend on a large amount of fresh water being readily available, so they can flood the field during harvest. This practice has negative impacts on the surrounding bog’s hydrology.

An ongoing general threat to Burns Bog has been the altering of the water table upon which it rests. Drainage canals, roads and other water control structures have all contributed to a change in the hydrological regime of the bog (MOELP, 1993). At present there is a fourteen metre wide drainage canal through the northern end of the bog which may be contributing to the lowered water table (Glavin, 1992). Maintenance of bog conditions is dependent on having a water table higher than that of the surrounding area. Lowering the water table dries out the bog and results in an alteration of the ecosystem. The peat starts to decompose, releasing carbon dioxide, and non-bog species are able to invade.

3.0 The Theme Park Proposal: A"Win-Win-Win" Situation? 3.1 The Proposal

On February 3rd 1999, the Provincial Government announced that they had arrived at a deal with Delta Fraser Properties that would simultaneously ensure the protection of the bog; give a boost to the local economy, and solve the PNE’s problems. Under this initiative, described by Tourism Minister Ian Waddell as a "win-win-win" situation, the government would loan the company $25 million to buy 1,400ha of the bog out of foreclosure from Zurich Indemnity Company of Canada. The loan is to be paid back at commercial rates within three years.

This would also allow Delta Fraser Properties to pursue the development of what they referred to as "an integrated, themed retail-leisure-entertainment centre", a high tech business park and residential development (Christie, 1999). In exchange, the government would be given 640ha upon which it could locate the PNE, whose current lease at Hastings Park had expired. The ecological "win" would come in the form of 1,215ha being "gifted" as a permanently protected ecological reserve.

The exact details of this aspect of the deal are a little vague. When first interviewed, Andrew Pottinger, a DFP spokesperson, stated that:

Getting rezoning through is the first step, then the land might be secured by covenant or as a gift, but at the moment the land is not a gift to the province as part of any deal (Christie, 1999:19). Roger Hay, a lawyer for the company, later clarified, saying that DFP would …leave as a nature preserve for the province approximately 3,000 acres… the ultimate intention is indeed to gift it to the province once Delta has completed the rezoning…[it is] unlikely to remain in DFP’s hands… but if it did the company would guarantee, perhaps through a covenant, that it would be preserved in perpetuity (Christie, 1999: 19). In reaction to overwhelming opposition, the provincial government announced on February 17th that it would not be pursuing the PNE development. However, the loss of the PNE does not prevent the company from proposing a scaled-down version of its development plan for the bog.

3.2 The Opponents

Even before the official announcement of this deal, public opposition was fierce. Described as "the greatest upwelling of support since Clayoquot Sound" (Foy, 1999), this proposal acted as a lightning rod for environmental groups to join together in protecting urban green spaces (Pynn, 1999a). The Burns Bog Conservation Society, formed eleven years earlier in reaction to the mega-port proposal, was inundated with phone calls of support and donations.

The Burns Bog Conservation Society was outraged at the initiative: it undermined a deal that they had been working on for some time to purchase part of the bog. With Delta Fraser Properties in financial trouble, they had been able to negotiate a deal in which they would receive 1400ha of the bog in exchange for $10 million. This was done in coordination with the GVRD, the Land Trust and Nature Conservancy of Canada, and Ducks Unlimited. Eliza Olson, president of the BBCS, had brought the deal to the attention of the provincial government in a meeting on November 12th, 1998 and subsequent meetings afterward (Christie, 1999). The Head of the GVRD, Ric Hankin, confirmed this. Within hours of the loan being made public, the company paid the 1.7 million dollars they owed in municipal taxes (Ballett, 1999a).

Although the overwhelming response from the environmental community was negative, it was not unanimous. BC Spaces for Nature announced that it was pleased with the plan, and that they saw it as the best compromise that could be reached.

3.3 The Proponents

The PNE proposal was the result of Delta Properties long-standing desire to develop the bog. Public opposition had defeated each of their previous mega-proposals, and they saw this as a compromise that would benefit all involved. They have an ongoing struggle with the Delta Municipal Council, whose approval they need for the area to be rezoned from its current status as Industrial/ Agricultural. On October 8th 1997, the developer announced at an information meeting that "something was going to be developed, but just maybe not with the participation of the Delta Council" (Christie, 1999).

Western Delta Lands also has an ongoing battle with environmental groups, particularly the Burns Bog Conservation Society. The BBCS had expressed interest in converting an abandoned peat processing plant into an interpretive centre. Soon after, on April 22nd, (Earth Day) 1998, the company had the structure demolished.

3.4 Government Role

The Delta councilors are divided in their stance on development of Burns Bog. Mayor Beth Johnson promised in her 1993 election campaign to "work with the provincial government to preserve Burns Bog as a natural area" (McMartin, 1999). When the PNE development was proposed, Johnson said that she was approaching the deal "with an eye to make it work" (Bellett, 1999a), even though civic officials are supposed to withhold judgment until after public hearings.

Councilor Bruce McDonald also initially favored the proposal, saying that it would "guarantee the integrity of the bog while permitting an attractive development for Delta" (Vancouver Sun, February 1st 1999). However, in the wake of overwhelming public opposition, they changed their tone and joined in with councilors Vicki Huntington, Lois Jackson, Krista Engelland and Wendy Jeske, that publicly opposed the deal (Vancouver Sun, 1999a). Jeske claims that Delta had told the provincial government "no" two years ago to a similar development proposal (Ballett, 1999).

Since then, Delta has made repeated demands that the Provincial Government buy the bog (Province, 1999). Within two weeks of McDonald’s announcement of support, he promised to seek council support for a motion that would either buy or expropriate more than 3,000ha of the bog (Bellett, 1999). Despite this, on June 1st Delta Fraser Properties will go before the council with an application for the bog’s re-zoning.

Surrey Mayor Doug McCallum was disappointed to hear of the deal, but for different reasons. He wanted his city to be chosen for the PNE’s location, and had demonstrated that Surrey had a perfect site. "Bridgehead" is already industrially developed, has the necessary infrastructure, and is accessible by Sky Train (Luba and Wawrow, 1999).

The Provincial government had been interested in the bog for quite some time. It had commissioned three reports to ascertain the need for protection of the bog, and had approached the company several times to buy the bog. The last offer, in 1994-95, was $27 million for 1200ha (Christie, 1999).

A major motivating force for the provincial government’s interest in the recent proposal was the establishment of a new home for the PNE, resolving an ongoing dispute between the Vancouver Parks Board and the City of Vancouver. The lease at the current Hastings site expired in 1994, but was extended until 1999. The site was presented to the City of Vancouver in 1889, in trust, "for the use, recreation and enjoyment of the public". The Head of the Vancouver Parks Board, Alan Fetherstonhaugh, believes the PNE violates this trust as it is a commercial enterprise. The only person who can change the conditions of this trust is a Supreme Court judge (Sankar, 1999b). Ian Aikenhead, president of the PNE, believes that the Parks Board is misguided in thinking that it has jurisdiction, and that any decision concerning the park will be made by the City. The Parks Board has threatened legal action against the City of Vancouver if the PNE is granted an extended stay.

The federal government has had no role in the Burns Bog issue, despite an appeal to the Prime Minister from the Leader of the Opposition, Liberal MLA Gordon Campbell, to stop the development (Pynn, 1999a).

3.5 First Nations

Although there is strong evidence that Burns Bog was used by First Nations for millennia prior to the arrival of Europeans, they have not been consulted during this or any other proposal concerning the bog (Blackbird, 1999). This is despite that a Guiding Principle of the government’s Protected Areas Strategy is that it

…respects the treaty rights and aboriginal rights and interests that exist in British Columbia. The province will involve First Nations in protected area planning. (Province of British Columbia, 1996) The Sto:lo Nation (comprised of 19 smaller bands) and the Katzie, Tsawassen and Squamish bands have all claimed Burns Bog as their traditional Territory with the B.C. Treaties Commission.

The main reason that First Nations have never had any input to decisions concerning the bog is that private land is not subject to land claims under the B.C. Treaties Commission. Municipal and regional lands (such as GVRD Parks) are also exempt from the treaty process. However, Crown land is subject to claims, and this could be a factor if the government obtains part or even full ownership of the bog.

4.0 Protection Values

4.1 Ecological Function

Burns Bog serves a variety of roles in the Lower Mainland. First, it acts as a water filter, releasing purified water into the adjacent Fraser estuary. In addition, it moderates water levels, buffering the surrounding area against flooding, and slowly releasing much-needed water during the drier summer months. The bog also helps provide food for juvenile salmon; the iron organics released from the bog through groundwater stimulate phytoplankton productivity in the Fraser.

It also acts as an air filter – it has been described as "the lungs of the lower mainland", absorbing pollutants and releasing oxygen. In a more global context, bogs in general act as "carbon sinks", turning atmospheric CO2 into organic material. Unlike in forest ecosystems, this organic carbon is not released back into the air. Due to the anaerobic and acidic conditions, organic matter does not decompose, and is permanently stored, so long as these conditions persist. In today’s age of concern over anthropogenic climate change, this ecological function is of great interest.

.

4.2 Urban Biodiversity Burns Bog contains a unique and fragile ecosystem that contains plant species that require very specific conditions to live. They have adapted to a waterlogged, nutrient poor and acidic environment where other species cannot survive. Living amongst these plants is an abundance of animal species, such as Blacktail Deer, beaver, porcupine and Pacific Tree Frog (for a complete list see Appendix F). Incredibly enough, twelve black bears are even known to reside in the area. The bog is also a migratory stopover for the Greater Sandhill crane; a species that has been "blue listed" (classified as Vulnerable) by the Conservation Data Centre.

As urban centres have rapidly expanded in size and number, the ability to enjoy unaltered nature has decreased. This can lead to a sentiment of segregation from the environment that supports society. Yates and Ruff (1991) have identified six essential roles (recreation, health, social, refuge, financial and symbolic) which natural spaces in urban areas can fulfill. Recreation includes both passive enjoyment and active use of the area, which contributes to psychological health. Parks provide a venue for social interaction, as well as a refuge from city life. Urban green space may also come to symbolize environmental values within a city. Burns Bog is the only large bog of its type on the Pacific Coast of Canada.

4.3 Historical and Archeological Value Although archeological research has been limited within the bog, two well-known sites of archeological importance have been discovered in close proximity. Peat bogs have an amazing capacity to preserve organic material, since bacteria cannot tolerate the acidic and anaerobic conditions. Human remains removed from bogs in Europe have been dated to 3000 years old. If there are remains and artifacts in the bog, they are probably well preserved. The Burns Bog Conservation Society has expressed their support for such archeological projects 5.0 Legislative Basis for Protection 5.1 Federal

There are several acts and conventions in place at the federal level that are applicable to Burns Bog. First, as a signatory to the Convention on Wetlands of International Importance (a.k.a. The Ramsar Convention, 1971), Canada has an international obligation to protect wetland areas that meet eight selection criteria, including:

The Federal government also has jurisdiction over areas that are deemed to be of significant importance to fish, particularly salmon. Protecting fish habitat is within the mandate of the Department of Fisheries and Oceans, where "habitat" is defined as "those parts of the environment on which fish depend, directly or indirectly, in order to carry out their life processes" (FREMP, 1991). Burns Bog plays a significant role in the filtration, retention and delayed release of water into the Fraser, a major passageway for salmon as well as other fish species.

Finally, Canada is a co-signer of the Migratory Birds Convention with the US. According to the resultant Migratory Birds Convention Act, enforced by the Canadian Wildlife Service, regulations can be made to ensure protection of migratory bird species that inhabit the area during any part of the year. However, it does not empower the government to purchase or expropriate land; consent must be obtained from the landowner in order to designate it a sanctuary, so protection is limited (Fraser, 1987).

5.2 Provincial Legislation

Under the Wildlife Act, the B.C. government can designate Crown land for the conservation and management of wildlife resources (British Columbia, 1996). This can come in the form of a Critical Wildlife Area (CWA) designated for the protection of endangered or threatened species, or by establishing a Wildlife Management Area (WMA) for species less at risk. The Crown has the right to pursue legal action against people who destroy wildlife or habitat in a CWA or in a WMA (FREMP, 1991).

The B.C. government also has the power to designate land as an ecological reserve under the Ecological Reserve Act. This limits public use of the designated region to "non consumptive uses" (BC Parks, 1994). The government also has the power to acquire Crown land where there is a need for municipal green space, under the Green Belt Act (FREMP, 1991).

The Provincial government has an ongoing commitment under the Protected Areas Strategy to increase BC’s designated protected areas (including ecological reserves in addition to provincial and national parks) to 12% of the total provincial land area by the year 2000.

Protected areas are land, fresh or marine water set aside to protect provincial natural and cultural heritage and dedicated to present and future generations – as scientific benchmarks, as nature preserves, as places for education, inspiration and as places to enjoy certain recreational activities. (Province of British Columbia, 1996) Protected areas are selected based on their representativeness, vulnerability, diversity, opportunity for public use, and scientific research potential. Currently, they have achieved protection of 10.2% of the province. 6.0 Analysis: What Protection Does Burns Bog Require? There is an abundance of reasons why Burns Bog should be protected. In addition to a legal basis for protection, the bog contains intrinsic and anthropocentric values justify this course of action.

Burns Bog meets all the criteria for a Ramsar site, and subsequently Canada has a responsibility to adhere to the Convention on Wetlands of International Importance. The bog directly and indirectly influences the habitat of salmon. For this reason the DFO has a responsibility to ensure the continuing function of the bog. As the bog is a major stopover for migratory birds on the pacific flyway (including a blue-listed species), Canada has an obligation through the Migratory Birds Convention to ensure their protection. Finally, in the spirit of the Kyoto Protocol on Climate Change, Canada should ensure that the bog not only continues to lock up carbon, but also that greenhouse gases are not released, through disturbances such as a declining water table.

Wetlands and peat bog ecosystems are currently underrepresented in the Protected Areas Strategy, as are urban greenspaces in general. Specifically, there are no examples of raised bogs within BC’s protected areas. The bog meets the requirements of being representative, vulnerable, diverse, accessible to the public, and of interest to scientific research. The Provincial Government has declared it an "area of interest" for the PAS. There is also a relative lack of parks in the South Fraser Region in which Burns Bog occurs, as is highlighted in the graph in Appendix C.

There are also many anthropocentric reasons for the bog's protection. There is the ecological function that it plays for the Lower Mainland, regulating water and filtering air. There are the benefits obtained from urban biodiversity, including recreational, aesthetic and psychological. There is also the historical/ archeological rationale; the potential for discovery is very good. It has been established that the bog was traditionally used by First Nations people, and consequently has special significance. Overall, there is a huge potential to use the bog as an educative resource.

7.0 Feasibility of Protection As Delta Fraser Properties has indicated that it is unwilling to sell according to the current zoning of the bog, it appears that if the whole bog is to be protected, the land must be expropriated (Pynn, 1999d). The BC Expropriation Act (1996) states that the expropriating body (the government ministry responsible) has the power to expropriate land from the landowner, without dispute of their right to expropriate. Compensation is awarded according to the estimated market value of the property plus reasonable damages for disturbance and any special economic loss to the owner upon sale of the land. The market value is equal to the amount that the property could have been sold for on the open market (Province of British Columbia, 1997).

This raises serious questions regarding private property rights. The Expropriation Act is usually invoked in order to buy property so that roads or other infrastructure can be constructed, for the greater benefit of society. It could be argued, however, that the maintenance of the bog’s health is, in a sense, infrastructure for the greater benefits us all. Joe Foy, of the Western Canada Wilderness Committee, is quite matter-of-fact on this issue:

Burns Bog should be expropriated, every damn bit of it. And in saying that, I know what I am saying about private property rights. On issues like Burns Bog… private property, we have to look at what underlies the concept, that is the contract that exists between us all to live in peace and prosper. We cannot all live in peace and prosper when we dismantle the very things that keep us sane and healthy. Yes, we have to pay for Burns Bog, and we have to arrive at a price. But the price is tied to the social contract. The social contract to develop Burns Bog no longer exists, and the price should, must reflect that. (Foy, 1999). The price of Burns Bog is highly contested, and the feasibility of its purchase hangs in the balance. Estimates of the land’s value have ranged from $7 million, based on the current industrial zoning, to $290 million, which the developers believe they would receive if they were able to develop. However, the fact of the matter is that confronted with substantial public opposition, the likelihood of DFP ever being able to get the Delta Municipal Council to rezone the area is slim to none. The last time the value of Burns Bog was assessed for taxation purposes by the BC Land Assessment Authority, DFP argued that their $32 million estimate was too high (Huntington, 1999).

The goal of purchase is not only desirable, but also feasible. As Gordon Campbell said, "if the political will exists to meet this challenge and protect Burns Bog, it could be done in a heartbeat" (McInnes and Bellett, 1999). The provincial government has demonstrated through three reports commissioned that they have the intention of protection. In the wake of the PNE fiasco, they have seen how much support the bog has, and they may be more willing now to come forward with the more risky venture of expropriation.

Although the province has said that it is not currently in a position to undertake the purchase on its own, there are alternative sources of funds (Pynn, 1999d). Non-profit groups such as the BBCS, Ducks Unlimited and others have the ability to make a contribution. Another source of funding could come from the Federal Government, as a contribution to living up to its commitments in migratory bird protection, salmon habitat maintenance and greenhouse gas emission credits. In addition, Vancouver City makes millions of dollars on the dump that operates in the Bog. If even part of that profit was directed toward the bog’s purchase, it could be quite feasible.

If expropriated, Burns Bog would become Crown Land, subject to land claims under the B.C. Treaties commission. The land is claimed by the Sto:lo Nation, as well as the Katzie, Squamish, Musqueam and Tsawassen Bands. This is a factor that has yet to be considered or formally acknowledged by the Provincial Government.

8.0 Analysis: Management Options Although acquiring the bog is the most difficult obstacle, there is also the additional matter of how to manage it for optimum protection, and how much of the bog needs to be preserved to maintain all its values. In the 1993 government commissioned report, performed by Catherine Berris Associates Ltd., three different protection concepts were outlined, shown in Table 1.0 below.

Table 8.0. Protection Concepts for Burns Bog (Ministry of Environment, Lands and Parks, 1993).
 
Concept
Protection Granted
A
The entirety of the original bog.
B
Original area, excluding the Vancouver Landfill and industrial area.
C
Large unharvested area, some human modified area.
D
Smaller area of unharvested, undeveloped area.

Concepts A and B ensure the most protection and allow the bog to maintain the most of its original ecological values, including critical Greater Sandhill crane habitat and rare plant communities. Viability of the bog is less certain with Concepts C and D, as they compromise much of the original habitat and expose the bog to competing land uses, changes in habitat and hydrological regimes (MOELP, 1993).

I would recommend choosing Concept B for the protection of Burns Bog. It preserves the majority of the original bog, ensuring its capacity to continue functioning as a "super-organism"(Hebda, 1991). While it excludes the site proposed for the expansion of the landfill, the acquisition of this area is unlikely given that the lease was just extended.

Regardless, there needs to be a strengthening of the regulations guiding both the public and private landfills, given their close proximity to such a delicate ecosystem. After the area to be protected has been established, there are several different management jurisdictions to choose from.

8.1 Regional Park

Regional parks are established to secure areas of outstanding natural features that are situated within, or in close proximity to, urban areas (GVRD, 1980). Currently, the regional park system encompasses 11,200 ha of the GVRD, distributed in 22 parks (see Appendix F). The GVRD has declared its support for it being turned into a regional park (BBCS, 1999). Having successfully managed parks such as Pacific Spirit and Lynn Headwaters, they have proven their effectiveness in managing large green spaces in an urban setting. Municipal lands are not subject to land claims under the BC Treaties Commission.

8.2 Ecological Reserve

There are currently 139 ecological reserves in B.C., although none of then are representative of a raised bog ecosystem. Burns Bog meets the criteria for an ecological reserve. It is suitable for scientific research and educative purposes, and it is representative of natural ecosystems. It is also representative of ecosystems that have been disturbed by man, offering an opportunity to study their recovery, and it contains rare or endangered native plants and animals. Ecological reserves, such as the one located within Pacific Spirit Regional Park, are not open to the general public, restricted to maintaining scientific and protection values.

8.3 Co-Management

Co-management refers to some combination of centralized government management and traditional, local-level resource management systems. The degree of power sharing between these two groups can vary greatly (Hawkes, 1996). Although it has primarily been used in the context of extraction-based resources, such as fisheries and game, there are also examples of this being used in an urban protection context. For example, in the Lower Mainland, Pinecone-Burke Mountain has been successfully co-managed by the GVRD and First Nations.

9.0 Policy Recommendations I recommend that Burns Bog should be protected according to Concept B described in Table 1.0, protecting the original bog except for the land owned by the landfill. I do not believe that this decision needs to be delayed while further information is gathered- three commissioned reports have all indicated the need for protection, and further delays simply allow small pieces of the bog to be lost to development. What the Burns Bog conflict needs is a skilled mediator to facilitate the purchase of the bog according to its current zoning, as it is unlikely Delta would ever allow anything else. If this fails, the government needs to step in and expropriate the land. In terms of money, the combined efforts of the non-profit organizations and all three levels of government should be adequate. If this were inadequate, I would suggest an environmental levy on garbage to reflect the true cost to the bog. Furthermore, I would recommend that all garbage schedules have a picture of the fragile ecosystem that will be destroyed if the landfill is forced to expand.

In terms of management, I would recommend the establishment of a Regional Park with a core area set aside as an Ecological Reserve at the centre, with First Nations and the BBCS involved in its management. With the periphery being established as a park, the bog would provide the public with recreational benefits, while the ecological reserve would ensure the protection of the most sensitive areas, including crane nesting sites, and allow for scientific research. This approach is also practical in the sense of scale; the bog is so huge that one could get lost if the whole area was open to the public, raising issues of safety. To facilitate the public's enjoyment of the area, a boardwalk network needs to be established; this serves to both keep peoples’ feet dry and to protect the sensitive species.

In allowing representatives from the four First Nations groups that have claims on the land to take part in a co-management solution, it would be allowing them to share the resource like they did traditionally. In a personal communication, Tom Blackbird, Environment Representative of the Katzie Band, expressed his support for such a management solution, and said that the band’s intention is to protect the bog.

Having a representative from a non-profit organization such as the BBCS on the management board is also desirable; it is crucial that any group whose lack of support could undermine the management be included. They would also serve as a check on the potential conflict-of-interest of the GVRD, responsible for the landfill next door.

10.0 Conclusion In the book "Mountain Gloom, Mountain Glory", Marjorie Nicholson describes how over the last two centuries, humans have gone from seeing mountains as barriers of progress, to appreciating them for their beauty (Nicholson, 1959). To many, bogs are still seen as eyesores and impediments to development. However, the resounding opposition to the most recent proposal for Burns Bog indicates that this perspective is shifting. However, a reoccurring problem is that the general public has only reacted to major development proposals, while the destruction of the bog has largely occurred as a result of the cumulative impacts of small developments. It is important that this area be protected now, while the public support is strong and focused. It is important that the public know that although the PNE proposal was withdrawn, the threat has not been removed. If anything, Delta Fraser Properties has been financially empowered to pursue further development.

The Sto:lo, traditional users of the bog, were known to peacefully share the bounty of resources the land provided with other groups. Co-management of Burns Bog appears to be the logical solution for its protection, allowing a diverse range of interests to guide its management. In not declaring the whole bog as an ecological preserve, people will be able to experience it and learn about its importance. The namesake of the bog, Dominic Burns, was known to quietly contribute to charities. I believe that if he were here today, he would appreciate the values that the bog has to offer and ensure its protection for generations to come.

 

 

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