Request to consult Mi'kmaq defers Big Pond RV park decision

Cape Breton regional council's decision on a controversial RV park development in Big Pondhas been deferred at the request of a Mi'kmawcouncillor.

Council was set to voteTuesdaynight on a zoning amendment needed for the project to go ahead, when District 3 councillorand Eskasoni resident, Esmond Marshall, moved to have the motion tabled pending consultation with Indigenouscommunities.

Calgary-based developer Chris Skidmore wants to build the Ceilidh on the Lakes RV Campground on 40 hectares of land in Big Pond, N.S., about 35 kilometers southwest of Sydney.

The plan, which would include 211 sites in the first phaseand as many as 541 RV sites and 64 tenting sites when the project is complete, has sparked strong opposition from many people in the community.

A key concern is the damage that sewage, surface run off and water-related activities could pose to Bras d'Or Lake.

It's a concern shared by the community of Eskasoni, which faces Big Pond on the opposite shore of East Bay, said Bertram Bernard, an Eskasoni band councillor who attendedTuesday'scouncil meeting in support of Marshall.

Mayor says no framework in place

Bernard would like to see all five Mi'kmaqcommunitiesin Cape Breton four of which border Bras d'Or Lake involved in consultations.

"Most of them, they don't have an idea what's going on with the development here," he said. "What I told councillor Marshall is we have a good working relationship with CBRM right now."

"And if this doesn't go our way... that's gonna go down the tube again."

But Mayor Cecil Clarke said because Cape Breton Regional Municipality is not a Crown authority, it does not have a consultation framework in place.

Clarkecalled a recess following Marshall's motion so he couldconsult by phone with the municipal solicitor.

Once the meeting resumed, Clarke said, "With regards to the established processes that we would have as a municipality in terms of Aboriginal consultation, the actual motion itself would not be in order because no process exists at the municipal level."

'We're at the very beginning'

Director of planning Malcolm Gillis explained there is nothing in the Municipal Government Act to suggest municipalities have a responsibility to consult with Indigenous communities at the stage of a zoning amendment application.

"Keep in mind," said Gillis, "we're at the very beginning of a long legal and bureaucratic process. Eventually this moves to the level of the province and possibly the federal government. It's at those stages they will have a legal, formal obligation to consult with First Nations people."

But Clarke said given CBRM'sstrong working relationshipwithMembertou and Eskasoni, "I believe this matter that councillor Marshall has raised bears and merits the full legal interpretation and legal opinion that sets it out."

Deferred to March 7

Clarke then deferred the matter toMarch 7.

At that time, the municipal solicitor will present an opinion on council's responsibilities, and staff will make a recommendation to council as to next steps, he said.

It's a move that pleases Rita MacDonald, who operates a small farm with her husband and uncle in Big Pond Centre next to the proposed development.

"Considering that we all live in Unama'ki, Cape Breton, I think that it's very important to make sure that developments that happen in our area, especially along the Brasd'Or Lakes, are in tune with the Mi'kmaq view on environment and responsible development," she said.

"We're certainly happy to have various communities and diverse communities of Cape Breton on our team."