Right of Passage Act

On April 10, Mr. Kim Craitor, the MPP for Niagara Falls introduced to the Ontario Legislature a private members bill entitled Great Lakes Shoreline Right of Passage Act, 2007.  The Act if passed, would restore the rights of everyone to walk on the Great Lakes shores between the water's edge and the high water mark.  It also calls for the removal of all impediments that would restrict such passage.  The Act does not preclude other rights which may exist on certain sections of the shores.

 

As it appears in Hansard;

 

INTRODUCTION OF BILLS

GREAT LAKES SHORELINE RIGHT OF PASSAGE ACT, 2007 /
LOI DE 2007 SUR LE DROIT DE PASSAGE SUR LE LITTORAL DES GRANDS LACS

Mr. Craitor moved first reading of the following bill:

Bill 202, An Act to create a right of passage along the shoreline of the Great Lakes / Projet de loi 202, Loi créant un droit de passage le long du littoral des Grands Lacs.

The Speaker (Hon. Michael A. Brown): Is it the pleasure of the House that the motion carry? Carried.

The member may wish to make a brief statement.

Mr. Kim Craitor (Niagara Falls): This afternoon I take great pleasure in introducing a private member’s bill that will benefit all the people of Ontario who enjoy the natural beauty of Ontario Great Lakes and bays.

Entitled the Great Lakes Shoreline Right of Passage Act, 2007, this bill when passed will reserve a right of passage along the shorelines of the Great Lakes between the shoreline and the high-water mark. These rights will be limited to passage on foot and are designed to return to Ontario the right Ontarians have always had under British common law: the right to walk on the beautiful beaches of our province.

I also want to add that this bill will not harm any existing rights, property values or personal security, and it will protect adjacent landowners from frivolous liability prosecutions. In fact, it will reaffirm existing littoral and riparian rights, enhance property value by eliminating ambiguity, and, as in other jurisdictions, the presence of people will deter crime and vandalism.

It is time to return the shorelines and the beaches to the citizens of Ontario. I would ask the House to support this bill.

 

 

Prior to the Act being introduced in the house, a press conference was held where Mr. Craitor, Shorewalk Ontario, Shorewalk Cobourg and PUBB/Save the Beaches presented remarks in support of the bill.  It was noted by Mr. Craitor that a letter supporting the Act had been received from the mayor of Cobourg and that the Fort Erie town council had unanimously supported the bill.

 

We urge all PUBB supporters to send messages to their MPP's and ask them to support the bill.

 

 

The press conference remarks made on behalf of PUBB and Save the Beaches follow:

 

I WOULD LIKE TO PREFACE MY REMARKS BY RECOGNIZING THE EFFORTS OF THE ONTARIO SHOREWALK ASSOCIATION FOR RAISING THE PROFILE OF THIS ISSUE AND TO THANK BOTH THEM AND KIM CRAITOR FOR INCLUDING OUR GROUPS IN THIS PRESS CONFERENCE.

 

MY NAME IS DOUG LORRIMAN.  I AM THE CHAIRPERSON OF THE GROUP DEDICATED TO “PRESERVING THE USE OF BALM BEACH” (PUBB).

 

PUBB’S PRIME GOAL IS TO HAVE FENCES, WHICH WERE ERECTED LAST YEAR ON THE BEACH, REMOVED AND TO RESTORE THE HISTORIC PUBLIC USE OF THE BEACH.

 

WE HAVE OVER 700 SUPPORTERS, MANY OF WHOM HAVE USED THE BEACH FOR DECADES.

 

I AM ALSO SPEAKING TODAY ON BEHALF OF “SAVE THE BEACHES”, AN ORGANIZATION WITH CLOSE TO 4000 MEMBERS, WHICH HAS A BROADER MISSION TO ENSURE THAT ALL OF THE BEACH SHORELINE IN TINY TOWNSHIP IS AVAILABLE FOR PUBLIC USE.

 

PUBB AND SAVE THE BEACHES SUPPORT THE GREAT LAKES SHORELINE RIGHT TO PASSAGE ACT.  IT CALLS FOR THE REMOVAL OF ALL RESTRICTIONS ON THE BEACH, WHICH WE UNDERSTAND WOULD INCLUDE THE FENCES AT BALM BEACH, AND IT REPRESENTS A GOOD STEP TOWARDS OUR ULTIMATE GOAL OF RESTORATION OF FULL USE.

 

BALM BEACH IS LOCATED ON THE SOUTH EASTERN SHORES OF GEORGIAN BAY.  IT IS PART OF A BEACH NETWORK WHICH RUNS FROM WASAGA BEACH IN THE SOUTH TO CEDAR POINT IN THE NORTH, MOST OF IT BEING LOCATED IN THE TOWNSHIP OF TINY. 

 

THERE ARE THOSE WHO CLAIM THAT THIS STRETCH OF BEACH IS THE LONGEST FRESHWATER BEACH IN THE WORLD.  LONGEST OR NOT, IT IS CLEARLY ONE OF ONTARIO’S KEY NATURAL ATTRACTIONS.

 

BALM BEACH IS ONE OF THE MORE POPULAR SECTIONS OF THIS SHORELINE, SECOND ONLY TO WASAGA BEACH.

 

FOR MANY YEARS, FROM THE TIME THAT THE FIRST COTTAGERS STARTED COMING TO THE BEACHES OF TINY TOWNSHIP, THE PUBLIC ENJOYED THE BEACHES AND ALL OF THE ASSOCIATED RECREATIONAL ACTIVITIES.

 

UNTIL RECENTLY, MUCH OF THE BEACH WAS ZONED AS PUBLIC OPEN SPACE AND PUBLIC AGENCIES, BOTH PROVINCIAL AND MUNICIPAL, MANAGED AND MAINTAINED SECTIONS OF IT.

 

IN THE MORE RECENT PAST, THE TWO LEVELS OF GOVERNMENT HAVE PULLED BACK FROM STEWARDSHIP AND, IN THIS VACUUM, PRIVATE INTERESTS HAVE MOVED TO PRIVATIZE MANY AREAS OF THE BEACH.

 

AN INCREASING NUMBER OF SHORELINE PROPERTY OWNERS ARE APPLYING THROUGH A PROVINCIAL PROCESS TO HAVE THEIR PROPERTY BOUNDARIES EXTENDED ACROSS THE BEACH TO THE WATER’S EDGE.  SOME HAVE FOUGHT FOR PRIVATIZATION THROUGH THE COURTS.

 

THESE ACTIONS HAVE OFTEN BEEN FOLLOWED UP BY RESTRICTING PUBLIC ACCESS AND USE OF THOSE BEACH AREAS WITH OBSTRUCTIONS, SIGNS, HARRASSMENT AND, AS IS THE CASE AT BALM BEACH, EVEN FENCES.

 

WE FEEL THIS IS WRONG ON MANY LEVELS AND ARE FIGHTING TO HAVE IT STOPPED AND REVERSED.

 

THE OTHER DAY I WATCHED A SEGMENT ON TV WHICH CELEBRATED THE WONDERS OF THE ENDLESS BEACHES OF THE FLORIDA COASTLINE.

 

THE MOST POIGNIANT VISUALS OF THIS SEGMENT WERE THE PICTURES ALONG THE BEACHES WHICH SHOWED THE UNINTERRUPTED BEACH EXTENDING AS FAR AS THE EYE COULD SEE AND PEOPLE ON THE BEACH ENJOYING THE SUN, THE SAND AND THE WATER.

 

THESE BEACHES ARE SUCH AN ATTRACTION THAT MANY TOURISTS FROM ALL OVER THE WORLD, INCLUDING A LARGE CONTINGENT OF ONTARIONS, TRAVEL THOUSANDS OF MILES AND PAY THOUSANDS OF DOLLARS EACH YEAR TO VISIT THEM.

 

THIS NATURAL OF TREASURE FLORIDA, AND INDEED THAT OF MANY OTHER PARTS OF THE UNITED STATES, INLCUDING CERTAIN GREAT LAKES SHORES, RETAIN THEIR FUNCTION AND BEAUTY PARTLY THOUGH THE EFFORTS OF POLITIANS WHO HAD THE VISION TO SEE VALUE OF THE BEACHES AS RESOURCES TO BE ENJOYED BY ALL.

 

WE CONGRATULATE MR. CRAITOR FOR INTRODUCING THIS VISION THROUGH THE GREAT LAKES SHORELINE RIGHT OF PASSAGE ACT AND WE HOPE THAT ALL OF HIS COLLEAGUES, REGARDLESS OF POLITICAL PERSUATION, WILL SHARE THE VISION AND ACT ON IT.  ESTABLISHING THE RIGHT OF PASSAGE ACT AS LAW WILL BE A PROUD LEGACY OF THIS LEGISLATURE.