Municipality of Crowsnest Pass Negotiates Sale of Municipal - Provincially Identified Archeological and Paleontological Lands to Developers

Presentation to Municipality of Crowsnest Pass Council, Chief Administrative Officer and Administration Regarding Sale of Provincially Identified HRV4a, HRV5a and HRV4p Archeological and Paleontological Lands at Bylaw Hearing1221, March 11, 2025

Presented by Carmen Roman, President, Crowsnest Pass Taxpayers’ Association

I am speaking today on behalf of taxpayers and citizens of Crowsnest Pass against Bylaw 1221 to rezone the MDM lands based on the lack of compliance to the Historic Resources Act. I will also provide context that suggests the willful disregard of the Historic Resources Act by CAO, Patrick Thomas, Mayor Painter, as well as, our Municipal Council. I say willful because each of these named have experience of the requirements of the Historic Resources Act from prior situations and cannot claim lack of knowledge to avoid personal responsibility to ensure compliance by the Municipality. The lands in question carry an HRV of 5a or 4a and require an Historic Resources Impact Assessment. To not disclose this in terms of a conditional sale already approved nor, in the reference terms of this proposed land use change, is “dereliction of duty.”

In a recent Hearing, Bylaw 1214, CAO Patrick Thomas stated that, “all of Crowsnest Pass is identified as archeological and paleontological.” He went on to say “the only lands of importance are those with an HRV1 value.” Patrick Thomas continued to articulate that “lands with HRV4 or HRV5 designations have no archeological or paleontological significance.” Our council, Mayor, and planning department knows this information to be untrue.

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In 2022, the Ministry of Culture, Arts and Status of Women mandated the condition of Historic Resources Act approval, prior to proceeding with a proposal for development of Dairy Road Park. These lands identified as HRV5a and HRV4a mandated the completion of an Historic Resources Impact Assessment (HRIA). The results deemed Stage 1 mitigation and the likelihood of Stage 2 mitigation would be necessary. This development did not proceed.

An initial Historic Resources Impact Assessment, completed in the early 1970’sand in collaboration with the Bill White Lands, today known as the MDM, was completed. These sites, red-flagged on the Ministry’s computer data-base were mitigated by University of Calgary archeologists Dr. Reeves and Dr. Driver and are identified in the Alberta Historic Resources Listings as DjPo-81 and 25. A 1999 covenant established by Mayor Irwin mandates the condition of Historic Resources Act approval must be applied for and obtained, prior to any development of the MDM lands. A nearby farmland purchased in 1989 has the same restrictions. Nearby Mohawk developments received HR approval. The significance of these archeological and paleontological sites is based on Pre[1]historic Indigenous resources radio-carboned 10,000 – 15,000 years ago.

Currently, an internal review of the MDM lands is being conducted by the Ministry. Any proposals for development of the MDM lands requires the condition of Historic Resources Act approval on the application to be submitted to the Municipal Planning Commission, as well as, Oldman River Regional Services Commission. It must also be noted, that Councillor Ward sits as Chairman of the Crowsnest Pass Planning Commission and Councillor Fillipuzzi is a member of the Board. Impact assessments cannot be transferred from one developer or purchaser of lands to another. Trucks authorized by the Municipality to drill and enter site DjPo-25 violated the HR Act.

The public hearings held to rezone 3 identified archeological and paleontological sites, include Dairy Road Park, Sartoris Road and the MDM. These reveal processes and procedures of the Municipality that are not aligned with the Historic Resources Act. Sartoris Road lands has a “high potential” for paleontological findings. The planned Southmore judicial review alludes to unjust procedural processes consistent, and practiced, in all three of the above hearings.

Choosing to live or do development in an area rich with treasures brings an extra level of responsibility. An HRV5 does not mean that development cannot proceed, but it does require a sensitivity in the approach taken to ensure that artifacts are not destroyed. The fact that most of our lands require extra approvals and investigations is the price we pay for living on valued lands. These cannot with any integrity be ignored just because those measures are “inconvenient.”

CAO Patrick Thomas, Mayor Painter, Council, Municipality of Crowsnest Pass administration and planning department are well aware of the reasons that the proposed 2022 Dairy Road development did not proceed. Despite this knowledge, the CAO misled and deceived Council and concerned citizens at the February 11, 2025 rezoning hearing about Historic Resource Values. The question that needs to be asked is why did he do this? What also needs to be asked is how did the CAO go from citing HRV4 and 5 as having little relevance at the Sartoris hearing to administration scrambling for answers regarding the Historic Resources Act for the MDM hearing? Were the developers of Dairy Road Park, Sartoris Road Lands and the MDM, who negotiated conditional sale of archeological and paleontological lands prior to rezoning them, aware of the need that Historic Resources Act approval would be required if development is to proceed?

There is a duty and an obligation to understand the Alberta Historic Resources Act. Agreements to sell HRV4a, HRV5a and HRV4p archeological and paleontological lands without full disclosure to developers is unethical. Our local government and CAO has been remiss to understand the proclivities of the Historic Resources act. Continual incompetence deludes the directives of 37(2) legislated by the Municipal Government Act. Citizens have lost trust in the Municipality of Crowsnest Pass governance. It is a model that does not empower citizens and renounces the Historic Resources act.

Please note:

The role and purpose of the Crowsnest Pass Taxpayers’ Association is to inform and educate taxpayers and citizens about important issues regarding MCNP budget, taxes, rezoning, public participation, Historic Resources Act and Area Structure Plan. We make every effort to ensure transparency in our directives and publications. Information, presentations, and articles, provided at the Crowsnest Pass Taxpayers’ Association member meetings and on the website, cnptaxpayers.com, are supported and documented by MCNP Hearing audio[1]recordings, various media reports and publications, attending MCNP Hearings, MCNP minutes, FOIP, the Alberta Municipal Government Act, Historic Resources Act 37(2), and Ministry of Culture, Arts and Status of Women on-going communication.