I was unavailable to attend and speak to the evening council session Agenda 14.3, on “Temporary use permits for marijuana dispensaries.”
However, I am somewhat astonished. After reviewing this matter on the City of Penticton video I will be addressing this with Blake Laven, if he is available. It is even admitted and stated by city staff and a couple of councillors that a Federal Law currently exists and a court challenge could overturn this council’s decision.
The City of Penticton cannot legally overrule a federal law. Municipal law is at the bottom of the ladder, not the top. Penticton residents are advised that we have a large deficit in our city infrastructure, but yet we are wasting monies and staff time on an illegal issue.
This mayor and council should remember the Three Mile Beach issue of a few years ago, that after five council agenda appearances, this council and staff received a legal opinion and withdrew from this issue mainly, because it was under the federal jurisdiction and included in the Criminal Code of Canada.
Guess what? This same council and staff are in the same boat and I intend to challenge their decision, however I would suggest to this council and staff to revisit this Bylaw No. 2016-67, at the Dec. 20, 2016, council meeting and follow our federal, provincial and municipal laws and recant this Bylaw No. 2016-67, as it is not within their jurisdiction to pass this specific bylaw. I will have some spare time over the holidays to prepare these court documents for service in early January 2017.
As was the case with Skaha Park this council and staff must be held accountable for their actions, especially when they do not follow our Canadian laws.