Winnipeg Free Press

Winnipeg Free Press (Newspaper) - August 10, 2024, Winnipeg, Manitoba LEASING FOR NEW AND USED VEHICLES SCAN WITH YOUR PHONE CAMERA TO REGISTER A2 ● WINNIPEGFREEPRESS.COM R ESIDENTS of Jasper, Alta., who lost their homes in last month’s wildfire face unique rebuilding challenges tied to leasing provisions nearly as old as Canada, as well as modern rules dic- tating what they can and can’t construct. Lawyer Jessica Reed said property owners in the townsite in Jasper National Park, unlike in other municipalities, don’t own the land they sit on. “The actual owner of the land, even if you looked at the land title, is the King himself,” said Reed, a partner with a firm that has offices in four Rocky Mountain municipalities, including Jasper. This means that each property owner in Jasper, like those in other communities located within a national park, is a lease- holder with the Crown. They also don’t technically own their homes, Reed said, as the buildings are part of the lease. The Canada National Parks Act also stipulates the leases are usually for 42- year terms, although some are shorter, and renewing involves renegotiating terms of the leases. Reed said this has already caused head- aches for Jasper homeowners, as banks sometimes refuse to issue mortgages if the existing lease on a property is shorter than the prospective mortgage term. That problem could become much big- ger, given 358 homes and businesses in the town of 5,000 people were recently levelled by fire, she said. She’s concerned the leases may impede rebuilding efforts and potentially cause financial harm. Residents and all park visitors were forced to leave on the night of July 22. They remain out and, although the fire is extinguished in town, crews are still fighting flames in the park. Reed said those who don’t want to re- build may also face challenges. There have been instances in the past where property owners have taken in- surance payouts after their homes were destroyed, rather than electing to rebuild, only to be blocked by Parks Canada from selling the vacant land to a prospective buyer, she said. “One owner wanted to take a buyout and then just sell the vacant lot. And Parks Canada said, ‘No, you cannot sell a vacant lot. You need to sell a new build,’” Reed said. “What I’m freaked out about here is people are a couple weeks into talking with their adjusters and they’re looking at their buyout values, and they’re thinking, ‘That sounds good.’” Historian Alan MacEachern with West- ern University said the lease system dates back to the 1880s, shortly after Canada’s first prime minister, John A. MacDonald, and the federal government took inspir- ation from the United States and made Banff National Park the country’s first. At the time, MacEachern said Mac- Donald wanted to make sure leases were given to the wealthy to ensure buildings in Banff, Alta., were as remarkable as the scenery. Over the years, the government made many changes to the system, MacEachern said, such as lengthening the lease terms to 42 years from the original 21 and intro- ducing renewable leases, but shortly after made them non-renewable again. MacEachern said the upshot is lease- holders feel the government has too much power, while Ottawa is concerned it gave up too much control. “Basically, they set up a system in the late 1800s and early 1900s that on the one hand helped create Banff and other places but in a way made nobody happy,” MacEachern said. Nowadays, these leases don’t necessar- ily govern the day-to-day lives of park residents, Reed said, but they’re “power- ful,” frustrating documents. “At the end of the day, for the person that’s actually buying a house, it looks normal,” she said. “It’s the lawyers — we pull our hair out.” Once the lease problems are solved, Jasper homeowners need to follow two sets of rules for rebuilding. The town’s land use policy dictates what kinds of buildings can be built and where. And Parks Canada’s building regulations covers things like acceptable home exter- ior colours and roofing materials. Reed said the fire has no effect on the leases that Jasper residents hold, but re- building will require getting all the ne- cessary Parks Canada approvals, just like they need for home renovations. “It’s a pretty slow process to get de- velopment approved,” she said. However, Reed added that she’s confi- dent Parks Canada will be flexible in the months and years to come. And officials have indicated as much. This week, Jasper Mayor Richard Ireland and Parks Canada officials told a town hall for evacuees that an exemp- tion will be made to the rule outlawing new mobile homes in Jasper for those who lost their mobile homes to the fire. — The Canadian Press CALGARY — The Alberta wildland firefighter killed while battling a blaze in Jasper National Park last weekend is being remembered for his bold personality and sense of humour. Alberta Wildfire spokeswoman Melissa Story confirmed in an email Friday that family, friends and col- leagues are mourning Morgan Kitch- en. A memorial post circulating on so- cial media says Kitchen, who was 24 and lived in Calgary, had a “bold and brilliant” personality, a nimble wit and an “outrageous and ridiculous” sense of humour. It said Kitchen was a much-loved character who gave the best hugs and brought “streams of adventure, joy and fun.” “Morgan was a talented athlete, musician, singer, comedian and ac- tor,” the post said. “He could have been a gifted teach- er but was wired to be a first respond- er. The lifestyle and people drew him in. The photos and stories his crew shared of his last few months reflect a genuinely happy man doing what he loved in a place as wild and free as he was.” Kitchen is survived by his parents, step-parents, many siblings and other relatives, as well as a “thick network of friends,” said the post. Kitchen also served with the Can- adian Armed Forces. Andrée-Anne Poulin, a spokes- woman for the Department of Nation- al Defence, said Kitchen joined as a primary reservist in February 2020, serving as an infantry private with the Calgary Highlanders. “We extend our sincere condol- ences to their family, friends and for- mer colleagues during this difficult time,” Poulin said in an email. RCMP have said the firefighter based out of Rocky Mountain House died Saturday after he was injured by a falling tree while fighting an active fire northeast of the Jasper townsite. About 20,000 park visitors and 5,000 residents of the town were forced out last month due to fires. Flames spread into the town and destroyed one-third of its buildings. Kitchen’s funeral is scheduled for Aug. 17 in Calgary, his stepmother said on social media. Alberta’s forestry minister, Todd Loewen, told reporters Friday that flags will be flown at half mast at for- estry and parks buildings to honour Kitchen’s sacrifice. Kitchen’s family is also eligible to apply for a $100,000 memorial fund, he said. “Nothing I can say will make his loss any easier for his family, com- munity or those who were with him on the front lines,” said Loewen. “But I hope those closest to him know he gave his life doing something he knew was important.” A GoFundMe page was set up Thursday night to raise money for a plaque to be installed somewhere in the Rockies to honour Kitchen’s sac- rifice. On Friday afternoon, it had ex- ceeded its $2,500 goal. Funds not used for the plaque will be donated to the Red Cross Alberta Wildfires Appeal. — The Canadian Press NEWS SATURDAY, AUGUST 10, 2024 VOL 153 NO 228 Winnipeg Free Press est 1872 / Winnipeg Tribune est 1890 2024 Winnipeg Free Press, a division of FP Canadian Newspapers Limited Partnership. 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Thomas A9 Gwynne Dyer A9 Joel Schlesinger B7 Tory McNally B8 Ben Sigurdson D2 Jerrad Peters E6 Russell Wangersky F6 Alison Gillmor F8 READER SERVICE ● GENERAL INQUIRIES 204-697-7000 AMBER BRACKEN / THE CANADIAN PRESS Many of the homes and businesses levelled by fire were located on leased land, which may pose problems when rebuilding Jasper, Alta. Parks Canada lease system, rules could delay Jasper rebuild JACK FARRELL ALBERTA WILDFIRE FILES Comrades of a firefighter from Calgary who died while on duty in Jasper National Park stood on the sides of a roadway as a procession mourning his loss made its way past in Hinton, Alta., east of Japer National Park, on Aug. 4. Loved ones remember ‘bold and brilliant’ firefighter killed battling Jasper blaze AARON SOUSA ;