Sasquatch ‘claim lacks air of reality,’ court hears
NEW WESTMINSTER, B.C. • The B.C. government has asked a provincial Supreme Court judge to dismiss a sasquatch tracker’s lawsuit alleging the province has breached its stewardship responsibility in relation to the fabled primate, calling the suit “frivolous.”
“There is no reasonable claim because the claim lacks an air of reality,” said Ministry of Attorney General articled student Marina Goodwin in a New Westminster courtroom on Tuesday.
Todd Standing, a sasquatch tracker based in Golden, B.C., filed his lawsuit in October, accusing the provincial government of damaging his livelihood and credibility by “non-recognition of sasquatch.”
He asked the court to require a government biologist to accompany him into “known sasquatch habitat” for three months to prove his claims.
Justice Kenneth Ball, who heard the province’s application to dismiss, has reserved his decision. He will provide it in writing at a later date.
The Ministry of Forests, Lands, Natural Resource Operations and Rural Development filed a response in January that denied Standing’s version of the alleged facts and denied “that the plaintiff suffered or continues to suffer any loss, damage or expense as alleged in the notice of civil claim.”
In addition to saying the case is frivolous and lacks an air of reality, Goodwin argued in court that Standing has not provided evidence that his rights were violated, and that the court does not have jurisdiction.
“It’s possibly a matter for legislature or executive, but to determine whether or not the province should recognize a species of animal is, with the greatest of respect, not a matter for the courts to decide,” added Goodwin.
Goodwin asked that the entire notice of civil claim be struck, with no leave to amend and with costs.
Standing’s lawyer, Troy Hunter, said if the case goes to trial, “compelling and substantial” evidence will be presented that will allow a judge to make the determination that sasquatch is an indigenous animal of B.C.
Hunter said protection of wildlife is at the centre of the case, but it also raises a serious constitutional issue: discrimination based on political or other beliefs.
“This case is not frivolous. There is a substantial question to be tried, and there is a serious purpose involved,” he said.
Hunter said a positive judgment in the case would not only give Standing legitimacy, it would provide the province with means to consider protective legislation.
“It is insufficient for the province to take the position that sasquatch does not exist, then do nothing about it when the public raises concerns and provides evidence that sasquatch exists,” he said.
He said the fact that a case is weak or unlikely to succeed is no reason to dismiss.
“Dismissing an action at a very preliminary stage can have very serious consequences,” Hunter said.