Walking rights campaigners, property owners settle in
for marathon battle over Ontario's Great Lakes shorelineDespite a growing campaign pushing for legislation that would give the public the right to walk along the shoreline without being impeded by fences or signs warning “Private Property - No Trespassing,” don’t expect the freedom to stroll now enjoyed in many U.S. Great Lakes communities to happen any time soon in this province.
A provincial government and bureaucracy that are in no rush to take on an issue that is sure to create a political storm are seen as the hurdles that could see this campaign dragging on for many years.
“I think it will happen, just not as quickly as we had hoped,” Niagara MPP Kim Craitor told MyNewWaterfrontHome.com.
It’s been five years since the Fort Erie-based Ontario Shorewalk Association citizens’ organization officially launched a campaign for laws that would permit the public to walk uninterrupted along the Great Lakes shoreline, even if that shoreline passed in front of private property.
With a U.S. Supreme Court case to back it up (the court ruled in 2005 that Michigan residents had the right to walk along that state’s more than 5,000 kilometres of shoreline), Shorewalk soon convinced other residents and municipal governments across Ontario that there was no reason the same right of passage could not be recognized here, too. READ MORE
Annual General Meeting
An annual general meeting (AGM) is being planned for Sunday, July 25th @ 12:00pm (new time) at the Ridgeway Legion located @ 228 Southmill Street, Ridgeway, Ontario.
Our association has made tremendous advances and the AGM will give us an opportunity to reflect on past successes, evaluate current challenges, and forecast future opportunities and strategies..
All members are invited to attend to share their thoughts on where we go next as far as our vision and ways in which we can meet our short and long term objectives. An election of executive officers will also take place for:
President, Vice-President, Treasurer, Secretary
These individuals will be entrusted to lead Shorewalk for the next (2) two years.
Any individuals wishing to be considered for one of these positions are asked to submit their name and contact information along with the executive position they are seeking to info@shorewalk.ca prior to June 30th.
Agenda items for consideration at the AGM can also be emailed to the above noted address. An agenda will be pre-circulated once the nominations process has concluded on June 30th.
April 13th, 2010
'Niagara MPP Kim Craitor re-introduces
the Right of Passage Act, now titled Bill 32'."Shorewalk applauds the efforts of MPP Craitor to continually ensure that Right of Passage legislation remains a priority of his. We anxiously await second reading of Bill 32 and have been actively pursuing partnerships and alliances with like minded organizations who also recognize the importance of what the legislation accomplishes - a fair approach to a long standing issue; balancing the publics ever increasing desire to access and stroll the shoreline, with the interests and protection of waterfront property owners. Our web site fields emails daily from supporters of the Right of Passage act, and encouragement from residents province wide who believe as we do that there should be no fences or other impediments along the Great Lakes shores."
Stephen Passero
President, Ontario Shorewalk Association
Shorewalk urges everyone to attend the Public Planning Meeting being held on January 25th inside council chambers at town hall.
A presentation will be made concerning the rezoning application jointly submitted by the Town of Fort Erie and the Molinaro Group (developer) to permit a Public Private Partnership in the development of the currently town owned Bay Beach properties.
A link to the Town of Fort Erie website provides information concerning the application, and the proposed plans should it be approved as it is currently proposed.
We encourage all Shorewalk members to read the information, draw their own conclusions, and feel free to register as a delegate to speak openly on your feelings towards this proposal. You can also express your sentiments to your local councillor as this decision at the present time is in their hands. Anyone not comfortable with speaking in a public forum can submit their comments in writing to the Town Clerk prior to January 25th... read artical here
The Standard - December, 2009
Region to explore providing greater public access to waterfront
Local leaders are searching for ways to provide more public access to Niagara's waterfront, including buying shoreline on both Great Lakes.
The Region began working this month on a Lakefront Enhancement Strategy designed to make it easier for residents to reach and use Niagara's 117 kilometres of waterfront.
Niagarans are virtually surrounded by water, including two Great Lakes and the Niagara River, but public ownership is limited and "access is uncertain at best," according to a recent report presented to regional council.... Read the letter here.
Fort Erie Times - October, 2009
Residents Discuss Waterfront Encroachments
There are 14 waterfront road allowances in Fort Erie and local resident Stephen Passero, who is also the president of the Ontario Shorewalk Association, says the majority of them need to appear more like public lands.
At Monday's regular council meeting, seven delegations were made by mostly seasonal residents who admit the landscape of their property encroaches onto public land. But the majority of them feel removal of retaining walls and fences on some of the properties should not be removed at their known expense if the Town of Fort Erie instructs them to do so. Read the letter here.
Fort Erie resident and president of the Ontario Shorewalk Association Stephen Passero feels the 14 waterfront road allowances starting at Waverly Beach an ending in the Ridgeway- Thunder Bay area need to appear more accessible to the public. On Monday night, Town council welcomed seven delegations on the topic of encroachments along the waterfront.
October 11th, 2009
Is Great Lakes Shoreline Public or Private?
Legal skirmishes in Ohio and Michigan are reviving debates over whether those who own Great Lakes shoreline properties exclusively control their waterfront land or whether the public can access and travel along the coast. The same legal doctrine at issue in these battles is a central focus in current debates about n a time of potential commercialization of Great Lakes water. Read the letter here.
October 9th , 2009
Attorney General Appealing Lake Property Case
Written by Larry Limpf ThePress
Friday, 09 October 2009 11:58The issue of landowner rights along the Lake Erie shoreline is now before the Ohio Supreme Court. Ohio Attorney General Richard Cordray is appealing a decision by the 11th District Court of Appeals which ruled the land beneath the waters of the Lake Erie shoreline is open to the public and lakefront property residents own the land above the waterline. Read the letter here.
November 20, 2009
'Great Lakes United circulates support letter for Right of Passage Bill 43'
Shorewalk is thrilled to announce that as a result of a resolution passed at their 2009 Annual General Meeting, Great Lakes United (GLU), has begun to build support amongst their member organizations for the Right of Passage Legislation. When a critical mass of organizations and agencies have signed on, this letter will be forwarded to all MPP's for their comments. Read the letter here.
June 21st, 2009
Shorewalk is excited to announce a major step in our efforts to partner with organizations as we pursue Right of Passage legislation in the Province of Ontario.
Shorewalk submitted a policy resolution for consideration at the Annual General Meeting of Great Lakes United (GLU). This resolution was adopted with unanimous support and will see GLU carry out the following:
Therefore be it resolved that Great Lakes United affirm its support of the right of all citizens to walk along the shores of the Great Lakes.
Therefore be it further resolved that Great Lakes United draft a letter supporting the right of all citizens to walk along the shores of the Great Lakes and to pursue the endorsement of affiliated organizations and send this letter to applicable federal, state and provincial agencies and legislators, including Ontario MPPs on Bill 43.
Great Lakes United is an international coalition dedicated to preserving and restoring the Great Lakes-St. Lawrence River ecosystem.Great Lakes United is made up of member organizations representing environmentalists, conservationists, hunters and anglers, labour unions, community groups, and citizens of the United States, Canada, and First Nations and Tribes. Great Lakes United develops and promotes effective policy initiatives, carries out education programs, and promotes citizen action and grassroots leadership. Their web site is www.glu.org
Ontario Shorewalk Association thanks GLU for their support and looks forward to working with them in the pursuit of the citizens 'Right of Passage' -to walk freely along the shores of the Great Lakes without fences or obstructions. Read the Resolution >>
In Niagara, there are pathetically few public beach areas left and, with pressure now on from developers to line the shores of our lakes with high-rise condos, there may be even fewer.
Our governments often call on us to show stewardship when it comes to protecting our lakes through the expenditure of our tax dollars for better sewage treatment and other actions.
CBC Radio Show 'Sounds Like Canada'
July 15th, 2008Doug Lorriman, President of PUBB (Preserving the Use of Balm Beach), and Stephen Passero, President of the Ontario Shorewalk Association interviewed by host Rick Cluff about public access to beaches and shorelines.
Listen to the Broadcast:
Fence draws line in sand
over waterfront access
Balm Beach at centre of wider shorelines battleAug 24, 2008 - Murray Whyte - Staff Reporter
BALM BEACH, ONT.–Idyllic and twee, this little lakeside hamlet, complete with a shabby arcade featuring a menu of greasy summertime delights, would seem the unlikeliest place to be pondering its own version of martial law. But here in the Township of Tiny on the shores of Georgian Bay, desperate times call for desperate measures.
It's been quite a summer. Vandalism, assaults, broken bones, torn earlobes, a chainsaw attack, arson, charges of public mischief, hundreds and hundreds of police calls – and all this in the space of just a few months. Increasingly, a day at the beach here is anything but.... READ THIS ARTICLE
click to enlargeAn example of the fences that are starting to be built on beaches across the province. This fence, on days when the surf is up, actually extends into the water. Passage of Bill 43-Right of Passage will ensure that the shorelines of the Great Lakes are able to be enjoyed by everyone, and fences will not be allowed to reach the shoreline. Contact your MPP today and ask them to support Bill 43!
Right of Passage
Our association continues to work through the political process by advocating MPP Kim Craitor's Private Members Bill 43 - Right of Passage, a piece of legislation that re-affirms what we believe is the public's right to enjoy the shorelines of our Great Lakes. Here is some brief background on the issue as to why we believe the public has the right to enjoy the shoreline.
In 1911 the Beds of Navigable Waters Act was passed declaring the beds of all navigable waters as public domain. This act was amended in 1940 so as to define “the bed” as extending to the high water mark. The 1940 amendment seemed to re-affirm the long held concept of maintaining navigable shorelines as public domain. It furthermore confirmed our British-French heritage where, in both nations, land to the high water mark is regarded as public domain.
In 1951 an amendment to the Beds of Navigable Waters Act by H.R. Scott, Minister of the Department of Lands and Forests moved their jurisdiction from the high water mark to the low water mark. We view this as an expropriation of thousands of kilometers of our public lakeshore.
The issue of public vs. private has been longstanding, and the issue of the right for all citizens to enjoy the shoreline is being put in the forefront as many waterfront homeowners are constructing fences reaching to the water's edge, no trespassing signs are starting to appear everywhere. Frustration on this issue boiled over in Tiny Township, I have included a link to a story which details what occurred. Our association believes the shoreline should once again be public domain, and that the provincial government should re-affirm these rights, but we do not, can not, and will not encourage or condone any individuals who take it upon themselves to advance the issue of shoreline access or enjoyment by way of threats or property destruction.
Stories of the police being called for 'trespassers' walking along the water's edge are not uncommon but many officers are hesitant to proceed as even they are not sure of what is private or public. This bill not only defines what the public's rights are, but would also clearly define that the private property owners do not have to tolerate unruly behavior, parties, bonfires, and trespassing on their private beachfront property.
This public's right to enjoy the shoreline right would be applied to a very narrow strip of land, from the waters edge to the high water mark. Access would have to be via public property. Allowing the citizens the right to walk the shorelines will, in my opinion, not lead to increased crime or property damage as many waterfront property owners have suggested. In many parts of the province where waterfront property is vacated in the winter months, the increased number of citizens walking will only increase the surveillance and protection of private property. Criminals do not obey 'no trespassing' signs regardless of the shoreline being public or not.
In Michigan, where all shorelines of the Great Lakes are public, property values have increased (not decreased as was the argument made against public shorelines) as homeowners have realized that their proximity to the water where the public is able to walk is an asset. Property values further inland have also increased for the same reason.Many advocates for Right of Passage are themselves waterfront property owners. These waterfront property owners are proponents of this bill as many times they have been mistaken for 'the public' and asked to leave a shoreline that they themselves own waterfront property on only a few dozen metres away.
I encourage everyone to contact the MPP for your area as well as Premier Dalton McGuinty and ask them to support Bill 43-Right of Passage, and I hope that you would be so kind as to keep me informed of their comments. We do not yet have a date for the second reading of the bill, but are working toward gaining a majority of MPP's across all parties to vote yes. If you have family members, friends, coworkers, whether locally or across the province who care about this issue, I encourage you to ask them to write a letter of support to their local MPP asking them to vote yes to Bill 43-Right of Passage. A link to the directory of all the MPP's is here on our web site.
I look forward to hearing from you,
Stephen Passero
President, Ontario Shorewalk Association
Demarcating Has Begun
I have confirmed with Ron Tripp, Director of Infrastructure Services for the Town that the process of demarcating the waterfront road allowances has begun. Boundaries have been flagged and the installation of permanent markers will begin soon. The markers will be 2" white wooden posts, 4 feet below grade and 4 feet above, with a red reflective striping. All locales are expected to be completed within 2-3 weeks of the Town finalizing the purchase of the posts. Thank you to Town staff and Town Council for continuing this very important project.
- Stephen Passero
President, Ontario Shorewalk Association
Bill
32, The Right
of Passage Act
KIM
CRAITOR, MPP,
RIGHT OF PASSAGE BILL
Kim
Craitor’s Right of Passage
Bill calls for public walking
rights on all of Ontario’s Great
Lakes shoreline.
Support
Shorewalk’s efforts to
promote this important public
interestbill. Contact your MPP
and let him or her know how
important it is for all members
of Ontario’s legislature to vote
their support.
June 27, 2010
Niagara At Large
Niagara, Ontario Regional Chairman Wins Binational Support For More Public Access To Great Lakes Shorelines
May, 2010
Niagara Falls Review
Where's the waterfront plan?
April 15, 2010
Niagara At Large
Water, Water Everywhere, But Who Has Access To Our Great Lakes Shores?
June 19, 2009
Fort Erie Post
Our shared waters should be protected and open to us all
May 5th , 2009
The Canadian Press
Mayors want Great Lakes beaches promoted
Sept 4, 2008
Orangeville Citizen
Law needed to ensure
access to Great Lakes
beaches
Aug 24, 2008
The Star
Fence draws line in sand
over waterfront access
Balm Beach at centre of wider shorelines battle
Monday, July 21st, 2008
Owen Sound Sun Times
Bylaw called key to water
access clarity
2/22-
By Doug Draper
Niagara This Week
Protect public access to lakeshores
2/08-
By Alison Bell
Niagara This Week
Public should be allowed
to walk shore: Craitor
10/07-
By Adam Shoalts
Welland Tribune
"Restoring the right to walk Erie's shore; Right of passage on Great Lake beaches being denied by some property owners"
4/28/07-
By Garry Skerrett
The Fort Erie Times
"On the waterfront:
good news, bad news"
4/15/07-
By Christina Blizzard
The Toronto Sun
"Private beaches not
just in Malibu"
Great
Lakes shoreline in danger
of becoming playground for rich
4/13/07
- By Paul Forsyth
This Week in Niagara
"Access for all"
11/8/06
Fort Erie Times
"A sign of progress
for Shorewalk"
View the current status of Kim Craitor's Great Lakes Shoreline Right of Passage Bill 43
CLICK HERE - Legislative Assembly of Ontario
Contact your MPP and ask
them to support the Right
of Passage Act!
Click here for a directory
of Ontario MPP's
Enchroachments Must Go!!
FE Council Passes By-Law...
June 2007
