The ongoing controversy over the Fernie Firehall project and Prentice Park has reached a new stage — this time in the BC Supreme Court — as residents rally to defend the downtown green space selected as the future firehall site.
The newly formed Prentice Park Society has filed a petition in BC Supreme Court in Cranbrook seeking to protect the park and uphold the original 1972 land donation that designated the land for public recreation and park use. The legal action follows more than a year of public debate, research, and calls for transparency surrounding the City of Fernie’s plan to construct the new firehall on the site.
“This step wasn’t taken lightly,” said society spokesperson David Gildea, who announced the court filing on social media. “We’ve worked tirelessly to find a fair resolution, but the City has moved ahead despite legal covenants and a reverter clause intended to preserve this land for community use.”
Council selected this site in January 2024 following what the City describes as a multi-year planning and public engagement process. “There’s the suggestion that alternate sites weren’t considered or it’s being rushed, which isn’t accurate,” said Michael Boronowski, Chief Administrative Officer for the City of Fernie. “Site selection and initial design started in June of 2023, and included community working group, open houses, many public reports, etc., took place. This process was one of the most transparent and engaged that I’ve seen in my time in Fernie.”
In August 2025, Fernie City Council delivered its most decisive statement yet on the future of the project. At a Special Meeting and Committee of the Whole on August 19, council voted unanimously to reject a motion that would have relocated the new firehall from Prentice Park to 902 2nd Avenue. The decision reaffirmed the City’s commitment to build on Prentice Park despite continued public opposition and legal uncertainty.
City officials have consistently cited the urgent need for a modern, safe facility to replace Fernie’s aging firehall. They emphasize that Prentice Park’s central location provides optimal emergency access to Highway 3 and that delays could jeopardize funding through the Strategic Priorities Fund (SPF).
Opponents, now organized under the Prentice Park Society, argue that the land is protected by long-standing legal covenants and that the City’s actions undermine both the intent of the original donation and public trust. They also point to the City’s reversal in July 2025, when Council opted for approval-free borrowing rather than proceeding with a previously promised referendum on project financing — a decision that removed public input on one of the City’s most expensive civic projects.
The Society’s legal petition seeks a judicial review, not damages. It asks the court to determine whether the City acted in good faith and in accordance with provincial law when repurposing dedicated parkland, and whether grant deadlines exerted undue influence on the decision-making process.
Meanwhile, newly filed land title records (October 1, 2025, Document CB2373179) indicate that the City of Fernie and Shell Canada — the successor to original land donor Crows Nest Industries — have jointly applied to remove the Right of Reverter from the title. This clause had served as a safeguard ensuring the land remained for recreation use.
For the Prentice Park Society, this development represents the removal of the final legal protection on the park. Gildea and other members have described Shell’s cooperation in the process as a reversal of its long-standing neutral position.
As Fernie.com editorials have previously noted, the Prentice Park issue reflects a deep civic divide over priorities, process, and principle. On one hand, there is broad agreement that Fernie urgently needs a modern firehall to serve a growing community. On the other, residents are concerned that public parkland once lost cannot be replaced — and that changing its use without full public consent sets a troubling precedent for future land-use decisions.
Society member Alleine Anselmo emphasized that their group supports the need for a firehall, “but not at the expense of Fernie’s only remaining downtown park.”
The court process will now determine whether Fernie City Council and its partners acted lawfully in changing the use of Prentice Park and in removing its protective title clauses. The outcome could shape not only this project but how Fernie handles future public land designations.
The Prentice Park Society continues to raise funds for its legal campaign, with any surplus donations pledged to local charities. Prentice Park now stands as a measure of Fernie’s values — testing how the community defines progress and the protection of shared public spaces.
