British Columbia

Community activists Bruce Yorke and David Fairey have been turned down in their attempts to launch mass appeals of skyrocketing residential property assess- ments — by a process Yorke calls “a farce.”

Panels of- the B.C. Assessment Authority’s court of revision rejected the appeals in sessions in Vancouver Nov. 14 and Burnaby Nov. 15, accepting lawyer John Savage's argument that legislation and a B.C. Supreme Court decision barred such appeals by individuals. —

But Yorke is preparing to continue the

Authority appeal board, while Fairey will take his case to Burnaby municipal council.

Some 40 property owners packed the

40 others were turned away. Emotions ran high when, after hearing a 40-minute submission from Assessment Authority lawyer Savage, court chairman Doug Little interrupted Yorke’s submission.

Savage argued that the Act governing the assessments limits mass appeals to the provincial finance minister and municipal governments. Yorke coun- tered that the authority actively discour- ages appeals and that indivjduals who attempt to do so with little knowledge of rience.

“People are pleased that someone is prepared to do battle (on their behalf) against an uncaring bureaucracy,” he stated.

In a presentation punctuated by arguments with Little, who complained that Yorke was presenting the substance of his appeal rather than arguing the validity of his right to the appeal itsélf, Yorke charged: “This court is a stacked deck.”

At one point in the proceedings Van- couver resident Wong Schuck exploded in frustration over Little’s remarks. He was ordered ejected by Little and was dragged from his chair to the floor by security guards. When he refused to move, Little rescinded the order on the grounds that Schuck make no further outbursts.

Attempts by Yorke to make appeals on behalf of 52 residents who signed a petition against their assessment hikes, and to launch a mass appeal through the Committee of Progressive Electors, were rejected. Later that afternoon the court of revision rejected Yorke’s appeal attempt.

Yorke said later that the court of revi-

fight with at the B.C. Assessment.

Vancouver session Monday, while about _

the system face “‘a fairly traumatic expe- -

Assessment battle continues after mass _appeals rejected

Bruce Yorke argues case with court of revision chair Doug Little on Monday.

sion, a quasi-judicial body, is a group of political appointees. He noted one panel member, Jim McLean, is president of the Lower Mainland Social Credit consti-

tuency associations. Little, a former Vancouver alderman with the Non- Partisan Association, was ironically defeated in the 1980 election which voted in Yorke, a member of the Committee of Progressive Electors,-on to council.

On Thursday, Yorke appealed the 50- per cent assessment hike of a west side resident before a different court of revi- sion. He said the panel listened with courtesy and obvious interest but declined to change the assessment on the grounds that it would set a precedent and be unfair to other, uncontested assess- ments. ‘

Yorke said later he was “disappointed that the court did not have the courage of its convictions” but that he would pro- ceed to the higher, more authoritative, Assessment Appeal Board.

The substance of Yorke’s and Fairey’s appeals is that skyrocketing assessments in Vancouver and Burnaby are the result of rampant land speculation. By consid- ering only the market value of residential properties, the Assessment Authority is forcing hardship on many homeowners with fixed or low incomes, they say, pointing out that the Act allows the authority to consider other factors than market value.

Fairey, arguing before court of revi- sion members Edward Burnham (court chair and a former president of the Greater Vancouver Real Estate Board), Gillan Hewitt and Clifford Lae, was also rebuffed in his attempt to launch an appeal on behalf of 576 homeowners on Tuesday. Savage, accompanied by area assessor Harry Jones, made the same arguments, adding the defeat of Yorke’s appeal the previous day to his submis- SIONS Fairey said he will take his case to Burnaby municipal council Nov. 28. A week earlier the council adopted a motion circulated by North Vancouver district council urging the provincial government to cap residential property assessments at 20 per cent increases. The motion noted that Finance Minister Mel Couvelier has done that for industrial and commercial properties.

Fairey will ask council to either file a

mass appeal with the court of revision or call on the provincial government to change the legislation prohibiting indi- viduals from launching such appeals.

2 Pacific Tribune, November 21, 1988

Kamloops mother heads

welfare cuts campaign

Two weeks ago, when Kamloops unem- ployed advocate Sharon Pickering met with Social Services and Housing Minister. Claude Richmond to protest the latest $50" cut in welfare, Richmond’s reply was pre- dictable: the welfare program he had insti- tuted was “working well” and he was adamant that benefits would not be increased.

But he also told Pickering that the major- ity of people on welfare “were happy” and only those few “whose priorities weren’t straight” weren’t able to provide for their needs.

“That was the final straw,” said Picker- ing.

In the two weeks since, the mother of two has launched a mass petition against the latest welfare cut and is appealing to welfare recipients all over the province to send her letters outlining their situation and asking that the cuts be rescinded.

“T’m acting as a lobby group for welfare

recipients,” Pickering told the Tribune .

Monday, adding that she has already received 700 letters, although the campaign has only just begun. The petition will demand that Richmond rescind the ‘latest $50 cut for those reclassified as employable and also reinstate their medical coverage.

-“The letters are a catalogue of what it is like to live on welfare in this province — the problems people have in getting crisis grants, the problems they have in putting enough food on the table for their kids and giving them adequate clothing for the sea- son,” she said.

“Richmond has said that people are ‘happy’ on welfare and that it wouldn’t do

any good to raise the minimum wage. “But ’'m going to prove through these letters that this is not the case — and maybe we can get the policy changed,” she declared. i

Pickering said that Richmond’s com- ments were also the “final kick in the teeth” for personal reasons. In March, her hus- band, Steve, committed suicide after his’ layoff put the family back on welfare.

“We'd been on and off social assistance for seven years because of unemployment | and then last summer, we found ourselves back on again,” she said. “And for six months Steve just got steadily more depressed when he couldn’t find work and couldn’t provide for his family.

“He thought the two girls and I would be better off if he was gone.”

Pickering, who now volunteers in the Kamloops Unemployment Action Centre, was in Vancouver this week to raise het appeal here and plans to travel to other centres as finances permit.

In her appeal, she is asking that thos¢ sending letters enclose $1 wherever possible to help defray travel costs. So far, she said, about half have done so, enabling her to make the trip to Vancouver as well as tO help cover costs for planned visits to Prince George and Prince Rupert.

“Tf we can even get 10 per cent of people on welfare to send letters, it could make 4 difference in getting the policy changed,” she said.

Letters should be sent to: Sharon Picker- ing, B21 — 7155 Trans Canada Highway, Kamloops, B.C. V2C 4T1.

GAIN cutbacks challenged

Two families who face a $50 cut to their welfare benefits have filed separate actions in court, and End Legislated Poverty spokes- man Pat Chauncey urges all recipients affected to appeal the cutback.

Some 20,000 GAIN recipients lost part of their benefits when the ministry of social services and housing changed the definition of “unemployable” earlier this year. The change, which also cuts subsidized medical benefits for some of those people, came into effect last month.

Chauncey said recipients have only days

’ to file an appeal, which has been rejected by

some welfare offices. She advised those fac- ing rejection to contact an advocate. A recipient has 30 days from the last payment — in this case, Oct. 23 or 24 — to appeal. ert

Chauncey said hundreds of recipients have been phoning ELP and other agencies seeking information on the cutbacks, and estimates that at least one third of those people will appeal. Social Services Minister Claude Richmond has been claiming the cutback cannot be appealed, but anti- poverty organizations disagree.

On Nov. 10 Anita Archembault and her two daughters petitioned the B.C. Supreme Court for an order to force the ministry to comply “with its own GAIN Act and regu- lations,” an ELP press release states. The ministry refused to accept Archembault’s appeal which was launched under regula-

tions which stipulate the right to appeal and —

to retain current benefits while the appeal is being considered.

Meanwhile Deborah Peletier, mother of four children, petitioned the court under Section 7 of the Canadian Charter of Rights and Freedoms. The section governs right of liberty and security of person.

Peletier is represented by David Mossop of the Vancouver Community Legal Assist- ance Society and Archembault has retained Carolyn McCool of the Legal Services Society.

Chauncey noted that Richmond had promised a review of each case before reductions were implemented. “To oul knowledge, no reviews were done before the cuts and now people are being told there is no appeal.”

Chauncey said some social workers and welfare claims workers have advised that appeals are allowed, while others have not. But she-urged all affected recipients to appeal their case before the deadline at the end of this week. She said a class action suit is being considered.

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