Legal Update – Recent Court Decisions

Bekar v. Regional District of Bulkley-Nechako
B.C. Court of Appeal (1995)

• earlier recognition by the highest court in British Columbia of local government as a third level of government, with important responsibilities, which the court is not to interfere with

“It has been said municipal institutions are a third level of government. If this be so, it is inherent in that status that the important responsibilities of local government be recognized accordingly.

“Judicial intervention is not to be lightly undertaken in the affairs of a local government. The courts have recognized the hybrid nature of the responsibilities of those elected to municipal office. A line has been drawn between ensuring that local government operates according to law, and judicial intervention which would amount to substituting for the judgment of the ballot box the judgment of the courts.”