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CALL 352-6291 ~~ DEWDNEY TRAIL STAGES “Charter for groups Anytime, Anywhere!” 1355 Bay Ave., Trail 368-! 5555 OR CALL TOLL FREE 1-800-332-0282 To Advertise in this Section, Call us today! 365-5210 We Deliver! ty, October 9, 1991 Cis Ferry case hinges on definition @ Interpretation of “highway” crucial to the «+ resolution of whether the Robson ferry fits the description within the meaning of the Highway Act By Fred Marsh On Monday, Nov. 28, 1988, I attended the Supreme Court session in Nelson where the status of the Robson ferry was examined. To a spectator, the case ap- peared to hinge-on the ques- tion of whether the ferry is or is not a highway within the meaning of the Highway Act. (The definition of “high- way” in the Act is crucial to the Of the several dictionaries I had at hand I found most use- ful the 1955 edition of the Ox- ford Universal Dictionary. This may be because it is the largest and provides the most detail in its descriptions, meanings and examples of us- It soon became apparent that “public streets, roads, trails, lanes, bridges, trestles,” do not present us with any dif- of the ion and the definition given in the Act was the subject of a great deal of discussion.) The definition (“interpreta- tion” is the word actually used) states, “In the Act ‘highway includes all public streets, roads, were, trails, lanes, . The key tor i will be found in “ways,” or “public way.” “Way” is an old word in our language and has many uses going a long way back. My Ox- ford Universal takes just a few lines short of a full page to dis- cuss it. For our purpose, broadly trans- bridges, den Wrcs lok ings and ap- OPINION portation, the pertinent defi- proaches and any other public way; . . . We note that “ferry ‘lig and approaches” are plainly d as being included in the meaning of “highway,” but that “ferry” or “ferries” are not, The Ministry of Highways’ lawyer, George Copley, took this to mean that the absence of “ferry” or “ferries” shows that ferries were not intended to be considered as highways by those who framed the Act. In the ruling delivered oral- ly on Tuesday afternoon, Mr. Justice Allan Stewart said that he found Mr. Copley’s ar- gument persuasive and that it largely influenced his finding in favor of the ministry and against the Ferry Users Ad Hoc Committee. This finding left me with a feeling of uneasiness. My na- nition app under II 1. “A line or course of travel or progression by which a place may be reached, or Leo which a person or thing ™Eicnsideration of the defini- tion or interpretation of “high- way” as used in the Highway Act, and of the meaning of “way” in its transportation context, brings me to the con- clusion that those who put to- gether the Act an Provided its interpr knew exactly Saad they were doing. By intent they did not include “ferry” or “ferries” in their definition since it already had in it “ferry landings and approaches,” “ways,” and “oth- er public way.” But could the intent have been that the water itself be- tween the ferry landings was ture, my and my background are such that I usually take a position on an issue after considering funda- - mental principles, looking at actual physical works where this is possible, and thinking about what was in the minds of ogg who put the works in place. Nevertheless, I realized that we are herein involved with what is largely an exer- cise in semantics: I got out my dictionaries and undertook some research to help me to develop more insight into as- pects of the word “highway.” Not likely: those who wrote the definition were perfectly aware that amphibious vehi- cles are seldom seen on our highways and receive no spe- cial consideration. And as for a person making the crossing on foot, they were aware that popular literature records only one case of walk- ing on water and they most certainly did not have this means of passage in mind when they omitted “ferry” or “ferries” from their list of ex- amples. please see FERRY page C2 Prices as little as News file photo Gone but not forgotten: The status of the aigadl ferry — pees ~ construction of a new bridge between Castlegar and Robson — in the i i] [No Frills ° No Gimmicks ° Low Prices! Mi tow Cost Warehouse Operation i No Commission Sales Staff [A No Membership Fee . 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