Mr. D.M.M. Goldie, Hearing Officer,
Public Hearing Regarding Nanoose Bay Expropriation,
Georgia Room, 1111 West Georgia Street, Vancouver, BC
 

Re: Federal Expropriation of BC Lands in the Vicinity of Nanoose Bay, BC

As stated in my letter of June 7, 1999 I strongly object to the federal
government expropriating lands in the vicinity of Nanoose Bay, BC.

Ownership of Nuclear Free Zone land

The land the federal government intends to expropriate is land that the
Supreme Court of Canada ruled belongs to the citizens of British Columbia.
These citizens want BC to be a Nuclear Free Zone.  This was recognized in
1992, under the Social Credit government, when all parties in the
legislature voted to make British Columbia a Nuclear Free Zone.  It must
also be recognized that the land in dispute is part of an unsettled First
Nation's land claim.  Hostile expropriation of Nanoose Bay by the federal
government would be disrespectful of both Canadian citizens and Canadian
law.

Land use, Nanoose Bay, BC
For what purpose is the federal government proposing a hostile  expropriation?
It is public information that the Canadian Forces Maritime Experimental and
Test Ranges (CFMETR) at Nanoose Bay, BC, has been used as an acoustic
instrumented weapons test range primarily by nuclear-powered, nuclear
weapons capable submarines of the US Navy.  The question which the federal
government must answer before expropriation, is how CFMETR is to be used  in
the future.   Is it to be part of the US Ballistic Missile Defence (BMD)
System?  The US President is expected to sign the legislation mandating
national missile defense deployment  'as soon as technologicall feasible'.
Already the HAARP/SuperDARN portions of the Ballistic Missile Defence
program are in operation in Canada at Goose Bay, Kapuskasing and Saskatoon.
The Grant Proposal for the SuperDARN states:  "Our Canadian SuperDARN
colleagues are actively pursuing funding for a companion Radar to be
located in western Canada".  Is it for participation in this network that
the federal government will expropriate Nanoose Bay?  Will the submarines
at CFMETR be used to intercept "practise" missiles containing depleted
uranium that will rain down on us?  For our health, and the health of our
children, the wall of "defence" secrecy must be broken.  For a democracy to
function the people must be honestly informed!  There must be a full
public environmental assessment where questions of land use at Nanoose Bay are
answered - before expropriation proceedings begin.

Legal Questions

In 1996 the International Court of Justice in The Hague ruled that the use
or threat of use of nuclear weapons is "contrary to International
Humanitarian Law".  Nanoose Bay test site is a satellite facility of the\ US
Navy's Keyport, WA, Underwater Warfare Research Center located right next
to Bangor - the big US ballistic missile firing submarine range.  The
Centre at Keyport is a key element in operations of the US nuclear fleet
that relies on nuclear weapons.  In April 1999, a group of noteworthy
citizens (environmental educator David Suzuki, peace activist Elizabeth
May, UBC political scientist Dr. Michael Wallace and Society Promoting
Environmental Conservation president David Cadman) wrote Prime Minister
Chretien

requesting he seek an advisory opinion from a Canadian court on whether
CFMETR complies with the 1996 International Court of Justice's Advisory
Opinion on nuclear weapons.  To date there has been no commitment from the
PMO to obtain an advisory opinion.  Is our federal government acting within
International law to expropriate Nanoose Bay for nuclear weapons testing?

If Nanoose is to be part of the BMD program is this within international
law, in accordance with the 1967 Treaty on Principles Governing the
Activities of States in the Exploration and Use of Outer Space, Including
the Moon and Other Celestial Bodies, the so-called Outer Space Treaty?
These questions must be answered - before expropriation proceedings
begin.

Ethical and moral questions

You have heard, many times, concerns about environmental, economic and
safety issues associated with the military use of Nanoose Bay.  I will not
present yet another argument, though I too, am very concerned about them.
For the sake of our children and grandchildren, Canadians must have answers
to the ethical and moral questions surrounding these issues - before
expropriation proceedings begin.

Conclusion

The unprecedented measure of expropriation being taken against British
Columbians in support of a foreign power represents a serious assault on
Canadian sovereignty, and contempt for the democratic principles on which
our country is built.  In addition, the lack of consultation with First
Nation peoples is unconscionable.

Since 1984, the Nanoose Conversion Campaign (NCC) has worked to raise
public awareness about the nuclear, economic, public safety, legal,
environmental and sovereignty issues at CFMETR (Nanoose).  NCC advocates
conversion of CFMETR to alternate uses that are peaceful, safe, create more
jobs  ...and that are legal.  NCC also advocates the phase-out of all
nuclear reactors due to the inseparable links between nuclear
reactors/nuclear weapons and health/environmental risks.  I support
unconditionally the work and recommendations of NCC.  As demanded by NCC,
and the leaders of all BC political parties, there must be the full public
review of Nanoose that is legally required by the Expropriation Act as well
as by the Delgamuukw ruling on First Nation land claims.  This review would
provide the opportunity for federal government ministers to be
accountable to the Canadian people, to explain the purpose of the expropriation of
Nanoose Bay and how it is "related to the safety or security of Canad or
of a state allied or associated with Canada."

Please record my strong objection to:
the expropriation of the Nanoose Bay for use as a military base and weapon testing facility
and the renewal of the treaty between Canada and the U.S. enabling this use.

Thank you.
 

J Lydiard
4020 Lions Avenue
North Vancouver
BC   V7R 3S3

Tel/Fax: 604 980-8306
email: jlydiard@sfu.ca