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Squamish, BC VON 3G0, Or Drop It Off 381 13 Second Avenue /me 6, Number 26 Tuesday, June 25, 1996 93C + GST ilV case Cuerrier case could ?comea legal landmark rent Mudry case of a Squamish man who recklessly eepeatedly hid his HIV positive condition several of his female sex partners could ne a national landmark case. two-day hearing last week, a special five- ’ sitting of the B.C. Court of Appeal heard iwn appeal of Henry Gerard Ciierrier’s ttal last year on two counts of aggravated It. rrier, 33, is one of the first men in Canada charged with having unprotected sex, knowingly HIV positive, with unsus- ig women. The outcome of the appeal is to set a national precedent. “It is the first n Canada that has reached a provincial of appeals,” Crown appeal prosecutor Gold Rush m Ehrcke said. Olympic kayaker Margaret Langford, of Lions Bay, practices her skill ac-1 the Marriquam River Friday. PIease see story on andard fashion, the appeal court reserved page 29. David Donaldson photo ment on the case and a decision could anytime this year or as late as next year. the summer break imminent, Chief 2 Allan McEachern and fellow justices Jo- Hydro bla ed for fish de tion Prowse, Michael Goldie, Anne Rowles ryan Williams may not render a decision By Ron Enns Klassen, a director of the Steelhead Society of B.C. his fall at the earliest. But by 1969, there were only 1,200 piiiks. Since thiit time, case could ultimately end up in the A Ministry of Environment study shows that B.C. Hydro the numbers have dipped into the huncirccis aid ;IW now me Court of Canada. If even one of the has consistently exceeded its permitted water diversion rates probably in the low thousands, Klassen siici. 1.C. appeal judges disagrees with the on the Cheakamus River since the Daisy Lake dam was com- B.C. Hydro’s water licence allows for thc diversion of ty decision, the losing side could have pleted in 1958. And a study commissioned bv B.C. Hydro 700,I~OOacre-feet a year of water from the Chcnkanius Riwi-. tion of appealing the case to the Supreme shows that the Crown corporation has not m2 Department The Environmcnt Ministry study shows that I3.C. Hydro of Fisheries and Oceans requirements for minimum water exceeded its permitted diversion for 32 of the) last 3s WXS, cey point in Cuerrier’s case, and several flows in the river. wit-h the worst overuse - 51 to 62 per cent i~irlgi~? now working their way through courts One decade after the completion of thc Daisy Lake dam, 1995. ?’he Study M’~Sco-f~~idcd by t]le Dl’i7,iI-ti~!~.~~~:~ ’r provinces, is the issue of informed con- which diverts water from the Cheakamus River through a Fishericls iind OW~IIISalici tlic T--Iabit,it Cclnscr\l;iiici!-i ;.!II !:ii, (ti 0th Cuerrier’s lovers gave full consent to tunnel to a powerhouse on the Squamish River, once prolific wliicli 01-1-is c7 director. t- without knowing of his HIV positive pink salmon stocks in the Clieakamus plummeted to extinc- Orr adclcd that tho va-inncc of Chenk,inws J<~\.CY f h.~, ion. Crown contends the fact the women tion. from tht. river’s niitui-al hvclrc>griiph affects fisli. S~-i~~r~!is[..; naware of his condition effectively vio- Craig Orr, executive director of the Steelhead Society of with thc Department of Fishcries i-liid Oceans hav~saiil Ih‘lt le consent they gave. B.C., last week went public with information from the in any given river whcn mow than 30 per cc~tof the) il.cltcr ’g trial in December 1994, one Squamish Environment Ministry study - which was prepared by is taken out, it starts to impact fish. I testified that she had unprotected sex Ward and Associates of Vancouver and was released yester- And during times of unusually high flows -. urhich m~ herrier more than 100 times in five day - and says excessive extraction of water from the occur on the Cheakamus River during fall rains when LT~IJ j before she discovered he was HIV pos- Cheakamus River has been harmful to pink salmon. water may be released from the Daisy Lakc reservoir c~bc)vc February 1993. ”I do suggest that we may have a situation here that is the dam - spawning habitat and eggs thcit have been idmitted that she continued having more serious than Kemano even in terms of total numbers of deposited in the river’s gravel can be destroyed. l’hc B.C. ected sex with him after she found out lost fish production,” Qrr said, referring to the Alcan com- Hydro provincial water licence docs not clearly detinc the ? she thought it was too late to avoid pletion project cancelled last year by the provincial govern- quantity and time of water reicases to be ma& for pwc~r in. ment. and fish purposes. ind woman went to the police soon after In 1963, there were 555,000 pink salmon estimated to be in As well, the Steelhead Society of B.C. about three years ago nd out about Cuerrier’s condition. the Cheakamus River. With a commercial catch of about the prodded B.C. Hydro to commission a study about- ier was acquitted on charges of aggra- same amount, there may have been more than one million Cheakamus River flows. ssault in January 1995. pinks in the river previously, said Squamish resident Brian PIc~cfirm to Piqy 2 lying the Learning ards about rocks hologist Elementary school Season ends with esses students study wrap-up mish counc geo Iog yl tournament, $ 5 page 13 . I- .. .. , ~ , I. I. :..r ~ -.., . 1’ - .. I. ..,.. ’,.. .. .. .. I.. .. .. *, .. .. 2 II JUNE 25,1996 THE SQUAMISH CHIEF NEWS I ji!A( Pinks, chinook, steelhead and coho negatively affectel , Surrey grava t e d Continuedfrom Page 1 tively affected as well, but the extent flows, which has yet to be apon. Si IT’S SUMMERTIME The Triton Environmental of the damage is not known, And he questioned if Premier offence; Consultants of Richmond study - Klassen said. Clark, who is attempting to w t gust 199 AND THE LIVING IS EASY! which was completed about one Orr said he is pleased “with the from the federal government bbed. C Especially when you move into this home, there is year ago, has not been released and watershed restoration work we are provincial control of fish( B.C. sup1 would tell B.C. to “get i absolutely nothing to do, place your furniture, make the is still being discussed by B.C. doing up there, but we can’t totally Hydro t Cat L; together.” bke out i lenionade and Inow out to pool-side. The place is Hydro and provincial and federal restore our watershed until .we get 1 wonderful, beautifully secluded with trees, shrubs, and agencies - showed that for one out water. C-heakamus flows will impact New Environment Minister ber. A con a fantastic view of the mountains. Peace and tranquil- of every three days in the years 1985 production in the Squamish because Ramsey said B.C. Hydro has 5 two atta lity is the order of the day. Located in a quiet cul-de- to 1989, the minimum flow of 14.1 you are going lose some estuary cated it will continue to work ibbed nin sac in Garibaldi Highlands. Its a MUST on your list of cubic metres per second at habitat which is important for juve- the provincial and federal age IMP new to see. Call Ronnie McCartney for a private showing. Brackendale, which was set by the nile fish.” and address key issues identifi iced in A the Ward report. He said that Located at 40420 Thunderbird Ridge, priced at federal Department of Fisheries and He said serious questions have to ! courts I $349,900. DON’T MISS OUT SEE IT TODAY! Oceans, was not met. be raised about the duty of the this spring, B.C. Hydro changt lieved to Chinook, steelhead and coho in the comptroller of water in B.C. who operating regime and is no1 ‘MP say. Cheakamus River have been nega- was told in 1956 to negotiate fish compliance with its water licen Squaml 892-3335(24 hr), 898- 5941(home) 892-5924 CALLRONNIE MCCARTNEY TODAY! More rock tumbles into slide are Squamis By Ron Enns A berm that has been put in place using rock fron vincial c EVERYONE’S ~~~ ~~~ previous slide stopped all of the rock from falling 01 rge unde: EMPLOYMENT Forces of Mother Nature closed Hwy. 99 again Sunday highway, said Brenda Jones, a Ministry r has be SERVICE night in the Cheakamus Canyon area. Transportation and Highways spokesperson. ’I, disruF Rockfall along the highway in the Cheakamus Realignment of the section of highway in the slide; Canyon, about 30 kilometres north of Squamish, where is continuing. 2 chargel a recent rock slide occurred, closed the highway Sunday To accommodate highway work, on Mondays thro ronmenl at 11:30 p.m. Thursdays from 7 a.m. to 7 p.m. the highway is oper ithorizec The highway was reopened at first light Monday after only the first 15 minutes of every hour. ie Squar it was determined that the rockfall was not an actual There is also a rock stabilization maintenance prog 2r is acc slide and was the result of heavy rain. Ongoing moni- taking place on Hwy. 99 at M Creek north of Lions :reek by tors who noticed signs of the slippage closed the high- There will be minor delays with single-lane alterna ing stui way immediately.
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