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The future of the proposed Fire Hall Project at Prentice Park has entered a critical legal phase, with the Prentice Park Society confirming it has now filed its written submission with the Supreme Court of British Columbia.
The submission argues that the land comprising Prentice Park was historically transferred to the City of Fernie in trust, with a legal obligation that it remain public green space. The Society maintains that this trust status limits the City’s ability to repurpose the park for municipal infrastructure without court approval.
What Happens Next
Over the coming weeks, the remaining parties will place their positions before the court:
• Attorney General of British Columbia – The Attorney General is expected to file a written response next. As the protector of public interests and charitable trusts in B.C., the AG plays a central role in cases involving historic land transfers and public-use obligations.
• City of Fernie – Following the AG’s submission, the City will file its own written argument outlining its position on the proposed Fire Hall development and the legal status of Prentice Park.
All written submissions are expected to be complete by mid-January. An oral hearing is tentatively scheduled for the week of January 20, when all parties will present their arguments in person before a judge.
Following the hearing, the judge will review the evidence and submissions before issuing a ruling. No timeline has been set for a decision, though the Prentice Park Society says it will update the community as soon as judgment is delivered.
Why the Case Matters
At the heart of the dispute is whether Prentice Park must legally remain public green space in perpetuity, reflecting the intent of the original land transfer.
If the court determines the land constitutes a charitable trust, provincial law provides strong protections. In British Columbia, land given for a specific public or charitable purpose cannot be repurposed unless the original intent can no longer be fulfilled. Any change would require a court-approved cy-près process—a high legal threshold that requires new uses to remain as close as possible to the donor’s original intent.
The Society says this is why the matter must be resolved by the courts, rather than through municipal decision-making alone.
Community Support and Next Steps
The Prentice Park Society is continuing to raise funds to support the legal process and encourage community participation. Residents can contribute to the Society’s legal fund or become members to demonstrate public support for protecting the park.
As Fernie weighs long-term infrastructure needs alongside the preservation of public green space, the court’s ruling is expected to have lasting implications—not only for Prentice Park, but for how historic land transfers and public trusts are treated across the community.
