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February 23 , 2006
Supreme Court of Canada upholds City's right to create Arbutus Corridor PlanA Supreme Court of Canada decision today upheld the City of Vancouver's right, under the Vancouver Charter, to enact the Arbutus Corridor Official Development Plan. The City created the Arbutus Corridor ODP in 2000, after Canadian Pacific Railway announced its intent to discontinue rail service along the corridor. CPR proposed to sell the land or develop it for commercial and/or residential use. The Arbutus Corridor ODP protects the Arbutus Corridor for future transportation and greenway (pedestrian, cycling or recreational) uses. "We are very pleased that the Supreme Court of Canada has upheld the powers of the City to enact the Arbutus Corridor ODP and preserve the Arbutus Corridor," said Mayor Sam Sullivan. "We strongly believe the Arbutus Corridor should be preserved as a whole, to be used in the future for transportation and greenway uses. Preserving the corridor for the benefit of Vancouver residents has been a long-standing Council Policy, and contributes to the livability of the city." The Arbutus Corridor is an 11-km stretch of land, running from False Creek in the north to the Fraser River in the south. Most of the land in the Arbutus Corridor was part of a 6000-acre grant to CPR in 1886 when CPR agreed to locate the terminus of its national railway in Vancouver rather than Port Moody. CPR remains the legal owner of the bulk of the land for the Arbutus Corridor, from just south of First Avenue to the Fraser River. In 2000, after a public hearing process, the City of Vancouver enacted the Arbutus Corridor ODP. CPR challenged the City's authority to enact the Arbutus Corridor ODP. In 2002, the BC Supreme Court ruled that the Arbutus Corridor ODP was invalid and that the City lacked authority to enact it. The City appealed and in 2004 the BC Court of Appeal reversed that decision and held that the City had the right to enact the Arbutus Corridor ODP. Today, the Supreme Court of Canada affirmed the City's right, under the Vancouver Charter, to enact the Arbutus Corridor ODP. Media enquiries: Judy Rogers
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