***** UPDATED WITH COMMENT FROM SUSAN HEYES BELOW
“For I say unto you in all sadness of conviction that to think great thoughts you must be heroes as well as idealists.
Only when you have worked alone / when you have felt around you are a black gulf of solitude more isolating than that which surrounds the dying man, and in hope and despair have trusted to your own unshaken will / only then can you gain the secret isolated joy of the thinker, who knows that a hundred years after he is dead and forgotten men who have never heard of him will be moving to the measure of his thought / the subtle rapture of postponed power, which the world knows not because it has no external trappings, but which to his prophetic vision is more real than that which commands an army.
And if this joy should not be yours, still it is only thus you can know that you have done what lay in you to do / can say that you have lived, and be ready for the end.”
~ Oliver Wendall Holmes Jr., Judge and jurist.
I have on good authority that tomorrow is the day the ruling will come down in the appeal of former Cambie Street merchant, Susan Heyes award of damages from Canada Line, Translink and Intransit BC.
The timing is remarkable, for reasons that will soon become evident, but on this night before, I cannot but think of what a hero she has become to so many people, regardless of the outcome of the case.
I met Susan a couple of years ago downtown at the courthouse on a day I attended court to see the Basi-Virk proceedings. I liked her immediately, the kinship evident after a half hour of discussion in the main hall.
Her fiery hair is greatly indicative of her spirit, her eyes indicative of a weary soul who wishes only for justice and closure after so many years on the battlelines.Tall in stature, she paints a strong, statuesque silhouette in any venue. Ironically, the courthouse suits her well – lady justice could not be played by a more appropriate woman than Ms. Heyes…
” I believe in truth. I believe in truth and honesty,and in doing the right thing. Most of all, I believe in justice…” was her reply to me when I asked what drew her to the hearings that day. I knew immediately that this was a woman who, no matter what obstacle came her way, would be triumphant in righteousness regardless of how events unfolded in her personal, but very public, battle against the big guns in government. And I liked that about her immensely.
In many ways, Ms. Heyes has become a hero to thousands of people across BC. She has done the unthinkable, the unimaginable. She stood up in the face of near defeat and said: ” No. No I will not stand back and let you do this.” and took on three levels of government, something many people think about doing, but never do.
As someone who researches,and writes in an effort to find the truth, to expose the facts behind the fallacies and deceptions of a government that routinely crosses the line, it is safe to say that while Susan’s case is likely the most publicized case of David vs. Goliath, it is certainly not by far the only example of government playing roughshod with little regard for those in their path.
Take Pavi Khunkhun, the hotel owner from Golden facing economic ruin in the face of Kicking Horse highway upgrades, much like Susan faced. Unable to find a lawyer to take his case, Pavi was determined to find a way to get the government to do the right thing.
Or Tercon Vs. British Columbia, a case revolving around contracts and the extent to which the Ministry of Transportation and Highways would go to conceal the truth, alter paperwork and misrepresent bids in a competitive tender situation – a case that spanned 10 years and changed the way bidding and contracts are handled with government around the country.
Yes, to be certain Ms. Heyes case is but one among many that demonstrate how this government likes to do business, and it isn’t pretty. The South Fraser Perimeter Road has uprooted historical Delta families who have lived in the same place so long they have streets named after them. In the face of the Goliath persona so much of our government has assumed, most give up before the battle even begins in earnest, not willing to wager years of their life on an unknown end result.
But Susan did. And for that she must be supported, commended and applauded.
No one can say what decision the court has reached. No one but Susan knows what it feels like the night before such a monumental moment in one’s life. But I do know this. No matter what the outcome is, she has become a hero in everyone’s eyes for taking on the impossible, the unthinkable, and for doing it with a passion that never took away from who she is.
****************************************************************************************************************
We have a Legal System here in BC – but do we have Justice?
On May 27th, 2009, after four years of litigation, BC Supreme Court Justice, Ian Pitfield, awarded $600,000 in damages to my company Susan Heyes Inc. as compensation for business losses caused by the construction of the Canada Line. The appeal of this ruling in my favour was heard April 15th, 2010.
Today, the decision was finally announced, that shockingly contradicts the findings of the lower court.
In upholding this appeal, the legal system has supported the confiscation of individual citizen’s livelihoods by government funded private, for profit ventures. This shocking ruling has failed to protect the rights of citizens, and has failed to uphold justice and fairness in a democratic society.
The Canada Line project was built on the backs of hundreds of blindsided small business people along the Cambie corridor.
The project chose the most disruptive of several methods of construction. This discretionary and confidential decision alone should have negated the defence of Statutory Authority which the Appeal Court Justices used today as the basis for their ruling.
Under the law, the defence of Statutory Authority can only be used when it is proven in court that no other less disruptive method of construction was available. Instead of the devastating cut-and-cover construction, a bored tunnel method was not only available, but it was the basis of all public consultations and years of engineering reports and studies.
This project was enabled by the strategic use of confidentiality agreements at every stage, leaving citizens and even municipal officials misinformed and out of meaningful consultation. The last minute secret switch from underground bored tunnel to cut-and-cover, was never approved by Vancouver City Council, as a decision making body. They had authorized the City’s Engineering Department to negotiate the agreement that provided access to Vancouver’s streets for the project in a vacuum. The engineers were forced to sign confidentiality agreements that prohibited them from informing their bosses – City Council – of this critical switch.
I question the validity of any contract or agreement that allowed this project to proceed, that was obtained in the absence of the whole truth about the project and its impacts on citizens and small businesses. Compensation should have been factored into the business plan.
I am appalled that our legal system has failed to support the rights of citizens, and has attempted to provide a legal justification for the excessive harm caused by this P3 project. I further wonder how many tens of millions of dollars have been spent to legally defend the project, instead of fairly compensating the victims.
The May 27th 2009 ruling from Justice Pitfield must be upheld by the Supreme Court of Canada. The outcome of this litigation will set a precedent for all small businesses across Canada. The precedent that it sets should be just and fair, and reasonable. When governments use their powers to confiscate value for the common good – individuals must be compensated.
Susan Heyes
HAZEL&CO
4255 Main Street
Vancouver, BC
V5V 3P9
Westcoast Views with Laila Yuile 
This is where you shine Ms. Yuile
Were it not for you I would not of known
Thank you
“Billy”
LikeLike
Great piece Laila. Wonderful words. Yes, Susan Heyes is a brave courageous woman. She is my Heroine.
Whether it is the Sea-to-Sky boondoggle, the SFPR money pit that is being built for a future that will never arrive or the Canada Line corrupt abuse of BC citizens there is something very, very rotten in this province. As an Alberta friend said to me the other day, “What the heck are you guys doing to yourselves?” I explained that we are not doing it to ourselves but rather it is being done to us. And they are good at it. They are very effective at pilfering the public’s purse under the cover of government secrecy.
To the list of billion dollar boondoggles you can add what is happening in surrey. In an absence of any meaningful media watching or reporting on what is happening here the land profiteers have taken control of council. They have bought this council. They own it. The city has very aggressively flipped land from agricultural status to high density and are jamming people on top of each other. The rcmp call the Grandview Heights area that is supposed to be such a success “Harlem North”. What does that tell you about the problems about the kind of densification that is being forced on people? The council flips land is the beneficiary of a huge tax windfall. How can that be fair? Their is no objectivity. They and their financial masters are the beneficiaries of their decisions. At the same time the land speculators and the developers make off like bandits. I was looking at one acreage yesterday where the current taxes on the four homes is about $8000. By rezoning it, which they have done, displacing the residents and bulldozing the community to the ground the city will now receive over $100,000.00 a year in taxes to feed the bloated bureaucracy that serves the speculators and the developers. This is not only wrong but in my opinion this is immoral.
This province needs more Susan Heyes. I salute her for her courage and convictions. When i think of what she has done and the lies and corruption that she has been exposed to in her battle for justice i am reminded of the quote that “bad thing happen when good people stand by and do nothing.” Susan Heyes is not simply about herself and the Canada Line. Susan Heyes is about all of us. Thank you Susan…Ross
LikeLike
“When I watch the people of this province, and I see them talk about their dreams, and I hear what they think they can do, I know that all we have to do in this Legislature is lift them up so they can pursue their goals, lift them up so British Columbians know that we are in partnership with them. It’s their dreams that we’re pursuing. It’s their dreams that we can reach.” Hansard House Blues – https://www.leg.bc.ca/hansard/39th3rd/H10217y.htm Premier Gordon Muir Campbell February 17, 2011
Obviously El Gordo wasn’t speaking about the small businesses along Cambie Street that lost their dreams to the Government(s); and refused to work in partnership with the Cambie merchants, but he is right when he says …. “Its their dreams that we’re pursuing”……
LikeLike
That is really funny Grumps, you got that right on. Campbell thieves the BCR. De Jong thieves the tax payers dollars, to pay for the two patsies expenses. In other words, Campbell steals from the BC citizens, and we pay him to do so. Campbell has nothing to lose, because he can thieve as he goes along. The Cambie merchants, Campbell just gives them the finger, as he does to everyone he rips off. If he can’t stuff his wallet off the Cambie merchants, the hell with them. That’s Campbell’s piss on you attitude, we all know that attitude very well.
LikeLike
‘I am mad as hell and I won’t take it anymore’ is what I want to say to Campbell and I wish there was something I could do to change things, but I haven’t the resources to challenge the sleaze that I see happening right in front of me. However I can certainly provide moral support in a fight that is just. To Susan I say ‘go girl’; I hope an appeal is heard by the Supreme court of Canada – my belief is that they would rule in Susan’s favour.
LikeLike
No property rights in this province. That’s a problem with the Canadian constitution (or lack thereof) more than the flavor of our local BC government.
LikeLike
We don’t have a justice system, nor a legal system in BC; we have a lawyer system.
Of, by and for the lawyer trade.
LikeLike
Let us put our resources together and begin a fund to go take this to the Supreme Court of Canada. It time for ordinary people to stand up for ordinary people. Those that cannot contribute dollars can contribute research time if the lawyers need that.
The words of SCOC Chief Justice Beverly McLachlin suggests she believes British Columbia courts are generally following the wrong track when it comes to matters of justice. I suspect a reversal is possible in the highest court because the original judgement made so damn much sense, although I have not yet read the appeal judgment in detail.
LikeLike
It’s time to put our money where our mouth is.
Can we send what we can to Susan’s business address?
LikeLike
Susan and I are friends,and I can say that she will be so touched by this. I think it is safe to say that she needs to have some time to just take this all in – Yesterday was a long media day for her. I’m in full agreement that we ordinary people need to support each other, and I know she will be reading all of this. Just hold onto those dollars before you start sending them to her, I think she has much to deal with right now! You are all the best. I mean that.
LikeLike
Susan Heyes, my hat’s off to you! You’re an incredible person!
They hoped to break you, and by God you’ve beat them!
You’ve set a needed precedent showing that an individual CAN take down greedy and irresponsible corporations, even govt.
Enough of the big business entities buying their freedom from responsibility, throwing away morality and empathy in their need for greed. Enough of our courts being bought off in their favor.
An army of Susan’s would have this BC govt running to non-extraditable countries.
LikeLike
The sad fact about Susan Heyes and the rest of the Cambie Street merchants is that Translink and RAVCO knew damn well that cut-and-cover subway construction would greatly disrupt business or even force bankruptcy.
The real story of the Canada Line is that it was not built to move people, rather it was built for corporate and political prestige.
Susan Heyes is a victim of a political design not to pay compensation to save money on this very expensive metro line. That all major LRT and metro projects in North America include compensation packages with their construction costs, yet BC does not is very telling. A province with no moral recourse.
I hope a white knight comes to Susan’s rescue by helping her take this to the Supreme Court of Canada.
http://www.railforthevalley.com/latest-news/zweisystem/susan-heyes-and-the-canada-line-fiasco-justice-denied/
LikeLike
This is typical of Campbell and the Liberal government. Our BC judicial system is corrupt. That we have seen plenty of. Campbell’s corrupt sale of the BCR trial, was the biggest farce and, the most corrupt event in Canadian history.
Good for Susan, to stand up to the, low down @$#%*&^. Count me in too, I will be happy to contribute.
LikeLike
At least that hotel in Golden will still be visible from the Highway and will have some kind of access. Up North when they have done highway improvement projects at times the new road was a mile or two away from established hotels which effectively killed their business.
LikeLike
Just found your site looking for info on Susan’s fight,and the power in this post takes my breath right out of my body. Superb writing, beautiful mind. I’ll be back.
LikeLike