CAO Presents Misleading Information to Council

Published by Carmen Roman, President, Crowsnest Pass Taxpayers’ Association, March 3, 2025

It must be known, explained and said to all citizens of Crowsnest Pass, as well as, to any interested parties for the purpose of development or otherwise, and as re[1]iterated in the Crowsnest Pass Municipal Development Plan that, our valley, beautiful and pristine, resides in one of the most desirous archeological and paleontological sites of any Mountain Pass in Canada. The Crowsnest Pass is designated by the Ministry of Culture, Arts and Status of Women, as “high potential” and “high interest” archeological and paleontological lands within the Ministry’s Provincial Historic Resources Listings.

In the recent hearing for Bylaw No. 1214, 2025 to rezone the approximately 70 acres of Sartoris Road lands, in Blairmore, Chief Administrative Officer (CAO)Patrick Thomas stated to Council Members that “all of Crowsnest Pass is designated archeological and paleontological.” Would this not be good reason to share with the developer the implications of the HRV4p and HRV5a “high potential” and “high interest” designation and why this information would be important to the proposed Charmed Resorts? Would it not have been relevant to explain the significance of this identification to all those with deliberations in hand who filled the MCNP chamber gallery, the reasons the condition of Historic Resources Act approval would be necessary prior to embarking upon a development proposal of this magnitude?

Instead, CAO Patrick Thomas proceeded to claim that the HRV5a and HRV4p had little or no relevance on this site but, an HRV1 would be of greater value and significance (Bylaw No. 1214 audio-tape). This information was misleading and demonstrated the CAO’s lack of understanding or, perhaps, his disregard for the Historic Resources Act.

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It is interesting to note in 2022, for the same reasons, a proposed development for Dairy Road Park was denied and the Ministry of Culture, Arts and Status of Women authorized a Historic Resources Impact Assessment (HRIA). An HRIA was initiated and findings determined a need for further mitigation. Today, the park remains untouched and HRIA conditions remain “in perpetuity.” Information and details that CAO Patrick Thomas is well aware of.

So, what does this all mean? In 1980, the Province of Alberta legislated the Historic Resources Act [HRA) 37(2)]. The Act prevails over the Municipal Government Act (MGA). This document guides and mandates legislation for all Alberta municipalities. There are approximately four hundred and fifty sites identified within the province of Alberta recorded and mapped by the Historic Resources Listings for the Province of Alberta. The listing identifies lands with either a Historic Value or lists lands with “high potential” for Historic Resources (HR) to be found or identified. Historic Resources (HR) are identified as artefacts, relics, building sites and so forth, legislated in the HR Act. Within the Historic Resources Listings, archeological and paleontological sites are identified by a Historic Resource Value (HRV) from 2 – 5 based on the discoveries found at an identified site. Values 4 and 5 give reason to mitigate a Historic Resources Impact Assessment (HRIA). HRV4 and HRV5, are determined as high values within the Historic Resource Listings – “a” represents archeology while “p” represents paleontology.

HRV1 designations fall under a different category. These rely on the discovery of World Heritage or Ministry1 sites, likely as a result of an HRV4 or HRV5 mitigated HRIA or human discovery. Since Crowsnest Pass is recognized as a “high potential” area, HRV4 or HRV5 identified lands would be of significance to the Ministry of Culture, Arts and Status of Women because of the potential of HR likely to be found. These designations or findings could be archeological and/or paleontological in nature and the findings bear witness to eras important enough to conduct further research. The Sartoris Roads lands were identified as HRV4p and HRV5a.

A research study conducted by archeologists, Dr. Barney Reeves and Dr. Jon Driver, University of Calgary and Lifeways, took place in the early 1970’s and was mitigated as a result of a discovered bison head radio-carboned 12, 000 to 15, 000 years ago. This discovery revealed the artefact as evidence of the Pre-Historic Indigenous Era for which very little information exists today. The significance of these findings precipitated that a Historic Resources Impact Assessment (HRIA) of Dairy Road Park and the Bellevue MDM lands be conducted. These lands were previously owned by Bill White and was sold to the Municipality of Crowsnest Pass. A Historic Resource Impact Assessment (HRIA) is the tool used by archeologists and paleontologists to determine the significance of the HR in the soils, as well as, the value of these HR. The results of the HRIA determined and identified these lands as HRV5a and HRV4a.

As a result of the HRIA, Dairy Road Park can be found within the HR listings as DjPo-81 and the MDM lands as DjP0-25 and DjPo-65. These numbered listings indicate that a credited archeologist and/or paleontologist is identified with each site, relevant historic resources were discovered and an HRIA ensued. Dairy Road Park and the MDM lands are acknowledged as “in perpetuity” or until a proposed development is approved by the Ministry of Culture, Arts and Status of Women. The “in-perpetuity” status of Dairy Road Park warranted that a proposal for development by Ashcroft Homes in 2022, necessitated the condition of HR Act approval at the cost of the developer. The results of the HRIA performed by Lifeways revealed further studies were obligatory and that Stage 1 mitigation (hand trowel) be initiated and, depending on the findings, Stage 2 mitigation could ensue.

Since the MDM lands underwent an HRIA at the same time as Dairy Road Park,the current 2025 development proposal and application would likely require HR approval before development can proceed. The enactment of an HRIA is plausible. This decision will be determined by the Ministry of Culture, Arts and Status of Women. It must be noted a covenant on these lands was implemented by Mayor Irwin in 1999. The covenant indicates that HR Act approval is required prior to acknowledging any type of development. The details of the HRIA are also listed. In the case of Sartoris Road Lands, although it has not undergone an HRIA, the lands are recognized as “high potential” and this determination is predicated by geographical landforms and cultural Indigenous characteristics. The proposed Charmed Resorts development application would likely require a condition for HR approval. Within the HR Act, all large proposals for development require HR approval, as well as, an Area Structure Plan. As well, an HRIA cannot be transferred from one developer to another or from one proposal for development to another. The HRIA must be re-initiated with each application for development.

There are four sites proposed for development in the Crowsnest Pass. Each gives indication of failed MGA procedural processes and a lack of regard for the HR Act.These include Dairy Road Park, the MDM Lands, Sartoris Road Lands and Southmore. In each, public participation was ineffective, inept and non-existent. Public participation comprised of rezoning hearings which did not precede in[1]camera negotiations for land sales. Area structure plans did not occur and lacked opportunity for citizens’ voice and input. The MCNP continues to ignore the ‘”in[1]perpetuity” HRIA for Dairy Road Park and the MDM identified in the early 1970’s.The Sartoris Road Lands recognized in the Historic Resources Listings as HRV4p and HRV5a authorizes the condition of HR approval in the development application. Southmore, under judicial review, raises concerns for practices of incompetent procedural processes not in accordance with the Municipal Government Act.

CAO Patrick Thomas, Mayor Painter, Council and MCNP Administration were well informed of the reasons the proposed 2022 Dairy Road development did not proceed. Despite this knowledge, the CAO misled and deceived Council and a more than filled capacity Chamber of concerned citizens at the February 11, 2025, Bylaw No. 1214, 2025 hearing. CAO Patrick Thomas indicated that the HRV5a and HRV4p designation for Sartoris Road was of little relevance since credence is given to HRV1 designations only. In his proclamation that only HRV1 lands are noteworthy, this exposure would indicate the CAO’s incompetence and lack of understanding for the Historic Resources Act [37(2)]. In his decree, Patrick Thomas misinformed Council and Administration, negating any possibility or chance of an HRV1 finding in the Crowsnest Pass.

There is a duty that CAO Patrick Thomas in the negotiation, sale of Municipal lands and proposals for development demonstrate an obligation to the Alberta HR Act, particularly in the Crowsnest Pass. To say that CAO Patrick Thomas exhibits aptitude and thoughtful consideration for the parameters that surround HRV4p, HRV4a and HRV5a designations is questionable. His public statement reveals his continual ineptness or lack of desire to be informed by the Historic Resources Act or the legislated mandates of the Municipal Government Act. The capability of Mayor Blair Painter to establish integrity and insist upon objective governance without a personal and political agenda favors the developer and fails to empower citizens. This is even less appealing.