A suggested start point!

The following is a proposal for consideration with regard to resolving access to the beach area along Lane Street in Constance Bay.

Background

In May 2010, the City of Ottawa issues a legal opinion which specifically stated that for a number of properties along Lane Street the property owners did own the beach down ‘to the waterfront”.

As a result of this, some long term residents of Constance Bay disagreed with the legal position and have taken on the task of making the Beach properties public as they were historically regarded.

The situation has taken on a life of its own where personal feelings seem to be driving the issue.

Facts

The property owners have a valid Legal Opinion which is based on review of all related government issued documentation on the properties.  The content of these documents, while not the normal or common wording, are considered binding.  In instances where items such as the Letters Patent have contained mistakes or errors, those items have and are considered to be the ‘facts’ in all cases I was able to review unless and except where a document with historical or legal precedence was applicable.  I have not been able to uncover such a document.  I have talked with some of the owners and the key thing they state they are after is public acknowledgement that the properties in question are Private.

The group disputing the private status points out a number of solid arguments.  These include the fact that the beach was considered and used publically for years.  I fully understand where the group is coming from.

My Position

While I fully agree the property should be considered public, as are other adjacent properties, the facts do not legally support such a position.  A significant amount of legal precedence exisits on this issue and ones of a similar nature, particularily at the provincial level.  A legal opinion takes precedence over any personal opinion that a person or group[regardless of its size] can have.

I acknowledge that IF the Ontario Supreme Court decided to hear this as a case AND ruled in favour of making the area public, that decision would take hierarchical precedence.  It is my belief that achieving these two steps is unlikely and will in actual fact, simply be a vehicle for lawyers to make money.

An other option would be for the City of Ottawa to buy the land.  I have talked to an AACI with significant municipal experience and a large number of ward residents outside of the Bay and their opinions are a) it would be costly and b) our tax dollars should go elsewhere.

Proposed Resolution

Until some give happens, the issue will not resolve.  It is my opinion that fundamentally, all the Lane St. residents’ desire is acceptance that they do own their property to the waterline [where the waterline is as defined by provincial regulations].  This means if you have the river water at whatever depth between you and non water covered beach, you are on ‘public’ property.  All the talk about high, low water levels, OPG or MNR levels that has been bounced around is in a lot of cases hearsay or laws that were in place for a brief period of time and because of chronology, are not applicable.

There are 2 paths which I see can be pursued to resolve this issue.  The first, as I mentioned above is to try to get the issue resolved using government, either the City of Ottawa or the Province.  The second option, and the one I recommend and support is for all concerned parties to agree to consider the properties to be considered as private for a period of at least one year.  I would suggest December 1, 2010 as the start date as that is when the new City Council is in place.

What I would propose is that a working committee be established compromising at least 3 Lane Street property representatives,  no more than 4 representatives of the Privatization side,  perhaps 2 ‘neutral’ residents from the Bay and others such as the Councillor, OPS representatives as required.   This group would be mandated with coming up with a set of policies, processes and procedures to allow ‘others’ to have access to the beach in question.  The results would be presented ultimately to the Lane  St. residents for their approval.  I would expect each property to have one vote, Yes or No on the  issue and those who vote no, to have their decision respected and the property considered private.

Good ideas, such as the beach patrols would continue and it would be those people who patrol, who would be responsible to the Landowners for ensuring that all agreed concerns were addressed.

I only see one win/win solution and this is it.  How the matter proceeds and how all parties are viewed is dependent on the decisions made.