Topic
'Bare Mountain' claim could test mining law nuisance provisions.
Eco-activist Ingmar Lee. Photo by Karen Wonders.
Tree sitters opposed to the expansion of the Bear Mountain development outside Victoria could soon be trading their ropes and climbing gear for pick axes and hard hats.
Just weeks ago, RCMP arrested protester Ingmar Lee for attempting to block construction of a highway interchange to serve Bear Mountain. A court order bars him from the site. Now, thanks to changes the provincial government made to how miners stake claims in the province, Lee owns the mineral rights under the interchange construction site as well as below the entire development.
"I intend to go up to Bear Mountain and tap into the money gusher," said Lee. "I intend to take advantage of this opportunity in the spirit of how the opportunity has been designed by the Gordon Campbell government. That's to extract as much money as possible from the landscape."
As part of a cross-government effort to reduce red tape and cut regulations, the Campbell government made some major changes to the rules governing mining. In the past, a section of the Mineral Tenure Act prohibited miners from interfering with private landowners. The Liberals repealed that section in 2002. Then, in 2005, the government introduced an Internet staking system that allows miners to stake a claim without ever even visiting the area they're claiming.
While the system quickly led to confrontations between owners of surface and subsurface rights, Lee's claim is the rare case where an owner of mineral rights is a declared opponent of development happening on the surface.
Sincerity an issue
The developers of Bear Mountain once held the mineral rights to the property, but let them lapse, said one of those developers, Len Barrie. When told who now holds the rights, Barrie said, "With him it would be more than a nuisance. Let him do what he does, eh."
"I'm not really concerned about it," he said. "With our zoning now, it's no longer applicable, now that it's a residential community."
"As I understand it, the gold commissioner has the right to get rid of vexatious claims, claims that are not sincere," said Byng Giraud, the vice-president of policy and communications for the Mining Association of B.C. "It will probably take a complaint by somebody asking the civil service to look into it."
Representatives of the gold commissioner in the Victoria region did not return calls by deadline.
A spokesperson for the Energy, Mines and Petroleum Resources Ministry e-mailed background information. Under the Mineral Tenure Act, he said, there are "legal remedies" so someone like Barrie can "challenge a claim that appears to be held for non-mining purposes."
The act also sets out how conflicts between surface and subsurface rights will be dealt with, the e-mail said. "[The act] contains prohibitions against exploration in certain areas, including curtilage of a dwelling, which would effectively make most, if not all, of the Bear Mountain development off limits."
While the act does not define "curtilage," a dictionary definition says it is "a small court, yard, or piece of ground surrounding a house and forming one unit with it." It is not clear how it would apply to Bear Mountain, where many of the proposed units still only exist on paper, and the spokesperson did not respond by deadline to a request for further information.
'Bare Mountain Bonanza Corp.'
For his part, Lee said he is sincere and will exploit the claim.
Lee acquired the rights from a Victoria-area prospector who recently noticed while searching the province's online tenure registry that they were available. For a few hundred dollars he snapped them up, then within days signed them over to Lee. According to the province's mineral titles online system, Ingmar Christopher Alan Lee is owner number 214450. He holds a 100 per cent share in tenures 578201, 578235 and 578257, covering a total of almost 950 hectares under and around the Bear Mountain development.
Lee has formed a company, Bare Mountain Bonanza Corp., to exploit the claim, and has been to a lawyer to find out what his rights and responsibilities are.
'An enormous opportunity'
His rights will give him access to the property, and he can bring in heavy machinery to do the work. He's even entitled to stop any dump trucks leaving the property with rock from excavations so he can inspect the loads for any potentially valuable minerals.
"I certainly have an interest in everything that's set for blasting," he said. "There's an enormous opportunity here."
Also, as Lee understands it, the law doesn't just allow him to exploit the claim, it requires him to. "I'm obliged to or that proprietary right will be confiscated," he said. To avoid the mining minister stepping in, he added, "I intend to exploit this in the spirit in which it was designed."
Selling Wrangellia rocks
The area has potential, he said. The Goldstream, which runs through a nearby provincial park, was once the site of gold prospecting, and people still sometimes pan for the metal in it. The bulk of his claim consists of what's known as Wrangellia terrane, made of igneous rock not normally of high value.
That, however, is a matter of marketing, said Lee. "We think we can sell the Wrangellia," he said. "I know a lot of people who wouldn't mind spending a couple bucks for a piece of Bear Mountain Wrangellia."
There are a few things he'll do differently from mining industry standards. For one thing, any profits will be invested in developing better ways to tree sit, he said. The company will also tread relatively lightly on the land.
"My corporation will not destroy anything that isn't already destroyed," Lee said. A lot of work has already been done in the area over the last seven years, Lee notes. "There's less biodiversity on the Bear Mountain golf course than there is on a parking lot."
And the golf course is where he figures he'll start. Right around the ninth hole, which just happens to be next to developer Len Barrie's house.
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Ingmar Lee
5 years ago
Bare Mountain Bonanza
Hi all,
The Bare Mountain Bonanza Corp. has already sent a team of prospectors to the mountain to conduct a preliminary reconnaisance. After about 2 1/2 hours of prospecting the crew was rudely escorted back to the Bear Mountain Westin parking lot by security. The action can be seen here:
http://www.youtube.com/watch?v=GVWUmPpLkuE
Cheers, Ingmar
alive
5 years ago
Backfired eh?
Good to see one of Gordo's new laws backfire!
Let us hope that Ingmar has the rescources to fight the bastards all the way.
Van Isle
5 years ago
I think the terminology is
I think the terminology is "Gordo has been punked". Couldn't have happened to a nicer guy. Well done Mr. Lee; could your company do the samething to some other high profile Liberal member's property/home?
puppyg
5 years ago
Turning the tables
Didn't Campbell's recreational property in Sechelt get staked also, along with almost every other property in the area? Look into the future and read the dedication:
"Gordon Campbell - The world is a browner place for his having tromped upon it."
Moat
5 years ago
Please keep us informed....
Mr. Lee,
I am interested in purchasing some “Bear Mountain Wrangellia” from your group. I think a small chunk of it would look great in my front yard. I spent thousands on my wife’s engagement wring, so I am not immune to spending money on rocks for emotional reasons.
Please keep us informed of the venture.
mopled
5 years ago
Brilliant move
The developers have run rough-shod over the communities involved and this turn-about is very welcome.
lynn
5 years ago
"Rock" on, Ingmar!
"Rock" on, Ingmar!
What a pleasure this is to read.
It's great to see what happens when intelligence meets imaginative and inventive action.
There are a thousand spin-offs to your inventive idea....saving our rivers, our power, our railways, healthcare etc.
Anyway, good for you for turning the tables on this devious crew.
As it has been said before:
"It is twice the pleasure to deceive the deceiver." ;-)
Right to Bear
5 years ago
Right on "Rock On"...
What a welcome coup!!!
I am reveling in the beauty of this brilliant move. I'm so proud of you Ingmar!!!
Watch for the gremlins creeping up on your heels once they wipe the pie out of their eyes, though it sounds like they've started already. These gremlins have deep roots, deep pockets, and will do anything for money as we've seen. I imagine they would even take down a mountain to build their house...Really ;-)
Good Job.
Peace dude,
Bear
vera gottlieb
5 years ago
Bear Mountain Road foe grabs mineral rights
A BIG!!! BRAVO!!! to Ingmar Lee. Beating the BC Liberals at their own game. Brilliant.
Nereo
5 years ago
Great Claim
I believe you are sincere and I am interested in becoming a buyer of Bear Mtn. Bonanza Corp. Best of Luck and happy exploitations.
Rhea
5 years ago
Wrangellia
I'd also be interested in buying some Wrangellia. Hey, who knows...it may be a valuable BC resource in the future! Please keep us all posted...does your company have a web site yet?
Mary trent
5 years ago
Go Ingmar!
Go Ingmar!
snert
5 years ago
It hurts. Ohhhh it hurts!
How can they possibly sat that 'laughter is the best medicine'. This irony is just too painfully funny.
I do not support Ingmar Lee in the least but ohhhh the irony, it's wonderful.
sebastian toombs
5 years ago
this is exactly the kind of
this is exactly the kind of enterprise i would like to invest in.
gordon
5 years ago
I'd like a piece of the action too
Keep on rockin in the free(enterprise)world!
with apologies to Neil Young.
Frank
5 years ago
Buying up the bargains in the old marketplace
Me too, kudos to you Ingmar.
I hope digging up the golf course goes well.
skarpes
5 years ago
Supreme Irony
This is probably the most entertaining piece of news I've read in a long time! My wife and I laughed out loud reading this. Thanks!!
It sounds like the King of Langford is about to receive a taste of his own medicine!!
kotto2001
5 years ago
too clever
too clever for those neoliberals ... beating them at their own rigged game
good for you ingmar
janine
5 years ago
staking the claim
on march 22nd, five representatives from the newly formed 'bare mountain bonanza corporation' spent a couple of hours checking out the loot. we found the cave - surrounded by clearcut and with a couple of tires inside it and then we were escorted off the mountain by some of len's security guards who simply refused to believe in our right to be there.
short video at: http://youtube.com/watch?v=GVWUmPpLkuE
pender paul
5 years ago
i'll buy some rocks
I love it! I wonder how fast Gordo and the boys will move to introduce retroactive legislation. Reminds me of a few years ago when I discovered the 'magic bullet' for class size overages buried deep within the province's fire regulations--I was on CBC at 7:15 am and by noon the applicable regulations had been struck--that's how much the BC Liars care about protecting the children of the province. And as far as the environment is concerned, does anyone (other than the mainstream media) really believe Gordo's conversion to green?
bob the cat
5 years ago
ninth hole
I have an unfinished fireplace that cries out for ninth hole wrangellia facing.
When will you be trading publicly?..I want a piece of the action.
asher
5 years ago
wrangellia please
I too would be like to buy some Bear Mt wrangellia. I want the stuff from the 9th hole.
doggone
5 years ago
Dated
Dang! the link did not work: Vaughn Palmer article from 2007 regarding Bare Mt.
For unknown reasons my access to UTUBE only plays bits of the posted video but I get the idea. Good try! Long may you run Ingmar Lee! I worked in Geological mineral exploration on the north Island and interior of B.C. way back when so if you need an expert geologist (to tell you how to pronounce gneis for instance) call on me.
Staked a lot of claims under the old rules (boots on the ground) so forgive me when I don't take the notion of virtual staking seriously
When in Rome, however, everybody knows you copy the locals
disturbia
5 years ago
Shadow of Bear Mountain
Since Dogpatch's Stu (Boss Hogg) Young and Len (Enos) Barrie are destroying a perfectly fine mountain ecosystem and ruining my lovely living room window view, maybe Ingmar should just dismantle the mountain for decorative stone since the alternative, a vinyard is even more ridiculous. Eventually, I'll see an unobstructed sunrise and when the mountain has been hauled away, the land will be much easier for Len and his buddies to build on and they probably won't need the interchange, just a turn-off. And the backup at Millstream will still be there, either way.
Is the fledgling corporation looking for someone to keep books? I'm available.
BDD63
5 years ago
In The Next Provincial Election . . .
Vote Ingmar Lee for Premier![b]
Skookum1
5 years ago
Gold Comissioners
Aren't the resort security guards in violation of the Mines Act? i.e. interfering with a claim-holder, by force no less? That wasn't my original comment but saw Ingmar's post on the way down here to comment thus:
Those here who know my taste for historical tangents likely saw this one coming.
Gold commissioner? Interesting to see that most primal of all colonial titles show up here, the bureaucratic master-of-all-trades, the devil and the Queen all rolled up into one, and equipped single-handedly with every power of both in whatever territory was under their governance. One of the most political offices, in local terms, throughout BC history, still all-powerful in an underlying legal sense; usually held in the old days (i.e. up to as late as the '80s of the 20th C.) by the same guy (invariably a guy) who was Indian Agent, Government Agent, Crown Surveyor, and a few other things besides depending on the town. Capital-G capital-C Gold Commissioner, whose powers predate the province itself, rooted in the shady days of friendly appointments to local high office in the Gold Colony; an illustrious cast, to be sure, if anyone knows the history of the various Mining Districts where these guys were, well, the government. If I even mentioned one name I'd have to mention twenty, and that's only scratching the honour roll (and/or the dishonour roll). And I'm sorry I can't dredge up a concise description of their powers; suffice to say it's their appointment that's of political interest.
There's no process at all, or wasn't unless/if they've come up with a paper charade as if there was one now. It's like the Ottoman sultan who, seeing a boy he liked the look of in a crowded Cairo street, asked his name - Karim. "No, the Sultan responded, "it is Karim bey", meaning he had been elevated to the rank of prince, and joined the Sultan's court from that day. (maybe it wasn't Karim, but that is a true story, about Suleiman i think). Governor Douglas made some bad calls and appointed some turkeys, but mostly it was foxes who got in, or people who worked for foxes....he took some guys on blind, without knowing about their character, of course; but after his time the immense powers of the GCs were the foundation of government rule, especially in the Interior and remote areas in the North such as the Cassiar and Atlin.
I think a summary of their powers is given in Hauka's McGowan's War, in one of the opening chapters.
Skookum1
5 years ago
Gold Comissioners cont.
A lot of appointed-but-with-sweeping-powers positions in our system are like that. I remember during pesticide-use hearings in Pemberton back in...'84 I guess, Ken Melamed, later Whistler mayor, founded AWARE at the time of the spraying protests, thus launching his political career it seems...the government panel had on the customary white shoes and neon plaid polyester mismatching blazer and slacks that Socredism so specialized at; their job was to render the government's decision, in both senses of that syntax. They listened to presentations for three days, and received a few boxes of documents; then Hydro and the railway spoke for four or five minutes each and the panel went in their favour, dismissing the existence or relevance of any of the huge amount of material in front of them the way Justice McEachern called life in the Gitxsan-Wet'su-wet'en Confederacy "nasty, brutish and short".
All by way of saying "how interesting to see it was a Gold Commissioner who has the power over this situation". Because Gold Commissioners are, inherently, pals of who's in power; if not pals,. then slaves......
Here's an idea - a write-in campaign to The Wheel of Fortune and Live with Regis and Kelly to get them to boycott promoting holidays to Bear Mountain. Oops did I say that?
ME2
5 years ago
the joys of mining.
I'll bet that when those run-of-the-river shysters heard about this, they learned how to do some "virtual staking" PDQ.