Nearly two years after a relocation to Blackburn Road, the owner of an unpermitted kennel operation on Salt Spring is facing legal action from the island’s Local Trust Committee (LTC).
A civil suit was filed with B.C.’s Supreme Court Friday, Feb. 14 against SaltyDog Retreat owner Jaime Halan-Harris, asking the court for an injunction requiring she cease kennel operations and use of the 10-acre property for storage and accommodation of travel trailers and recreational vehicles in contravention of the island’s Land Use Bylaw.
The lawsuit also asks the court to order the removal of all buildings and structures used for the kennel, the trailers and the RVs, and for an award of court costs, although it does not seek damages.
Halan-Harris, who has at different times described the business as a dog rescue and a “vocational rehab program and therapy for youth who were homeless,” has taken in lost animals and provided rescue and pet shelter services to islanders at her own expense since 2018. In March 2023, the business relocated from its former site on Rainbow Road to the parcel on Blackburn Road; a temporary use permit (TUP) application to operate SaltyDog there was denied by the LTC in November that year.
The lawsuit notes the property is “split-zoned,” with the majority zoned as Rural Watershed 1 (RW1) and a “small portion along the northern boundary” zoned as Rural (R); it claims that Halan-Harris has provided daycare, boarding, training and grooming for dogs, kept dogs for the purpose of adoption and sold dogs on the area zoned RW1 and used the property “for the storage and accommodation of at least 10 travel trailers and recreational vehicles” on the portion zoned R.
A kennel is not a permitted use within RW1 zoning, according to the court filing; neither, it notes, is the storage and accommodation of travel trailers and RVs permitted on properties zoned R.
“[Halan-Harris] has not complied with the Local Trust Committee’s demand and continues to use or allow the property to be used for a kennel and the storage and accommodation of travel trailers and recreational vehicles,” reads the lawsuit.
“There are no exceptional circumstances in this case for the Court to refuse to issue the injunctions sought by the Local Trust Committee.”
Halan-Harris said on the morning of Monday, Feb. 24 that she had not yet been served with the Notice of Civil Claim.
“Taking legal action is a last resort for local trust committees,” said LTC chair Tim Peterson in a press release issued Feb. 26. “We have explored every avenue to encourage compliance with zoning regulations. Upholding the integrity of our land use bylaws is essential to preserving and protecting the natural and residential character of Salt Spring Island. This action ensures accountability and fairness in land use practices.”