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Proposed dam may limit the ‘right to portage’ on Crown land


Photo: In October 2013, about 100 people gathered at Bala Falls to express their opposition to the hydro project. Photo by Sandy Currie.

Photo: In October 2013, about 100 people gathered at Bala Falls to express their opposition to the hydro project. Photo by Sandy Currie.

An Ontario court’s ruling is a setback for the commons.

The Globe and Mail reports, “An Ontario township in lake-studded Muskoka has lost a court bid to have the government recognize the public’s right to portage a historic canoe route at Bala Falls. In an Ontario Court of Appeal ruling released on Monday, a panel of three judges concluded that the protection of public safety trumps canoeists’ access to portages and shorelines on Crown land.”

An earlier Globe and Mail article noted, “The Township of Muskoka Lakes’ lawyer, Harold Elston, told the Appeal Court that the province has an obligation under its Public Lands Act to safeguard historic portages and to protect portions of Crown land along water for people to use. …The Ministry of Natural Resources maintains it blocked off the area because of risks posed by the north Bala Falls, rapids and dam.” But the town argued that a study commissioned by the province after two drowning deaths in the area had not recommended an outright ban and that warning signs and fences have addressed any safety concerns.

“The ruling is a setback for opponents of a proposed water power plant at Bala Falls, a picturesque spurt on the Canadian Shield about a two-hour drive north of Toronto. If the township had won, the Ontario government would not have been allowed to disturb the portage and the 4.5-megawatt hydroelectric project would likely have been halted.”

“The Bala Falls hydroelectric project, awarded to Swift River Energy in 2005, has encountered strong resistance in the community of Bala. …Swift River still requires a land lease from the province and other municipal and federal approvals. The company estimates it has spent about $2-million on the proposal so far.”

“Bala resident Sandy Currie thinks the country’s top court should weigh in – that the issue of public access to shorelines and historic portages on Crown land is of national importance. …Mr. Currie, president of the Moon River Property Owners’ Association, vowed to keep battling the water power project. Bala is peppered with signs that say ‘Stop the hydro plant’.”

“The township could request an appeal to the Supreme Court of Canada.”

CBC Radio’s As It Happens notes, “An appeals court in Ontario has ruled that canoeists don’t have an automatic right to carry their gear from one body of water to another if that route crosses private property.” To hear their interview with Mr. Currie, please click here.