The birds are back in town.
District of North Vancouver council is moving to rescind its controversial pigeon bylaw almost a year after they adopted it, triggering a legal challenge and conflict of interest allegations against two council members.
Shortly after council adopted the bylaw in November 2019, it came to light that Coun. Betty Forbes lobbied her fellow council members to pass the bylaw behind the scenes despite her declaring that she was in a conflict of interest and recusing herself from the original vote. Kulwant Dulay, the only known pigeonkeeper in the district, is Forbes’ neighbour and she had filed several complaints over the years about his coop and flock of 15 over the years.
Those facts were laid out in independent investigation into the matter carried out by former information and privacy commissioner David Loukidelis.
The bylaw was to come into effect on May 1 but the district opted not to enforce the new rules against Dulay’s birds while the bylaw was being challenged in court.
Dulay watched the debate from the council gallery but did address council.
Forbes and Coun. Lisa Muri recused themselves from the vote because they are now the subjects two court petitions seeking to have them removed from office, alleging they broke conflict of interest laws. They have denied any wrongdoing and asked for the petitions to be tossed out.
Council members kept their comments brief during Monday’s deliberations, on the advice of district’s chief administrative officer, who has warned them not to say things in public meetings that could jeopardize the district in the ongoing court matters. Most spoke about the process that led to the ban rather than the merits of pet pigeons.
“I have carefully read the Loukidelis report. Based on that report and based on comments that have been made to me by members of the community. I believe there is a perception that the process by which the bylaw was passed had deficiencies,” said Coun. Jim Hanson, who previously voted for the ban.
Coun. Megan Curren, who seconded the motion on the original ban, was the one who moved the motion to repeal it.
“I have reached out to Mr. Dulay, and I believe that we are trying to make good on this by bringing it back for discussion,” she said.
Couns. Jordan Back Mathew Bond, the only two members of council who opposed the 2019 ban, voted in favour of the repeal.
Mayor Mike Little said he still abides by his rationale for voting for the pigeon ban in the first place, but he acknowledged the need for council offer an olive branch.
“People had likened it to having pets but nobody would have 15 dogs that they would release into their neighbor's yard,” he said. “However, processes is king. If something isn't done in the right way, even if it might be the right thing…, it's going to leave hurt feelings in the community, it's going to leave distrust within the organization.”
The vote to rescind the bylaw and put in place the original one passed 5-0.
Vincent Santacroce, a lawyer and ally of Dulay, called on council to apologize.
“After years of distress, and fear, I hope that Mr. Dulay can once again enjoy his pets and pastime without worrying about his neighbour or local government,” he said.
