Access Road Parking – Avalanche Path Public Safety Decision by Federal Court

In December 2012, Sunshine Village Corporation filed an application for an injunction against Parks Canada.  The application sought to overturn Parks Canada’s public safety prohibition regarding Sunshine’s parking operations in the vicinity of the large avalanche paths along the access road, including the avalanche path that hit the road in March 2012.

Sunshine’s application was denied by the Federal Court for reasons of public safety and the public interest.

The December 21, 2012 decision of the Federal Court may be found here.

This video (below) shows the disputed area of road hit by the March 2012 avalanche and the location of Sunshine’s previous parking operations in the avalanche path.

Post-avalanche clean up of road(below). The area of avalanche debris in front of the loader is an area where parking had been permitted prior to the Parks Canada prohibition.

This video (below) shows the congestion and public safety issues caused by Sunshine’s parking operations elsewhere on the access road.

Sunshine Village Takes Parks Canada To Court Again

Sunshine Village is going back to court yet again for the right to park customers and their vehicles in avalanche zones beyond the lease boundary.

Sunshine Village Takes Parks Canada To Court AgainThe above clipping is from the Rocky Mountain Outlook – January 24, 2013

Sunshine Road Avalanche Video

This video shows the scale of the avalanche terrain and the size of avalanches that threaten the Sunshine access road.

In March 2012 an avalanche ran on the Bourgeau slide paths that exceeded recent trim lines, taking down mature trees and running much bigger and wider than in recent memory.  It hit and ran across the road in an area that Sunshine Village had been using during the season to park customer’s vehicles.  It proved that the expanded parking operations on the Sunshine road beyond the lease boundary had been extremely dangerous and foolhardy.

Parks Canada called it a wake up call.

Sunshine Village has been parking customer vehicles there since at least 2006.

Sunshine’s lawyers denied that Sunshine Village even did this kind of thing.

Parks Canada avalanche safety specialists have now put a stop to Sunshine Village parking customer vehicles in the avalanche paths stating the March 2012 avalanche could have been disastrous.

Sunshine spokesperson Crosbie Cotton denied that Sunshine Village parked cars in avalanche zones right after the March 2012 avalanche happened.  Then Cotton flip-flopped and argued that Sunshine should be allowed to keep doing it.

Sunshine Village still thinks they know better.  Sunshine Village went to court to prevent the Parks Canada safety specialists from imposing the restriction.  Sunshine Village lost in court.  Sunshine Village says they are going to appeal.  Sunshine Village says it’s all about the visitor experience.

There are some “experiences” that visitors can probably do without.

We will see what happens next and if Sunshine Village continues to litigate against the public safety actions of Parks Canada’s mountain and avalanche safety specialists.

In the meantime ask yourself if you trust Sunshine Village management and if you would want to park your family in the avalanche zones on the Sunshine access road.

Take another look….