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Millar: Tiny Township beachfront access and use

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In Tiny
Sep 18th, 2010
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Ray Millar blog – September 17 2010
Many residents are very concerned about beach access and use. This is an important and emotionally charged issue. I can tell you that I have looked closely at this as a resident, a municipal employee, a municipal councillor and as a professional mediator and member of the Alternate Dispute Resolution Institute of Ontario. In summary, I have had cause to examine this issue from many perspectives.

From a legal perspective:
1. In Ontario, municipal councils are granted legislative and administrative powers by the Province in order to administer municipal bylaws as dictated in the Municipal Act.
2. The Courts and the Provincial government also operate within different spheres of jurisdiction.
To complicate this further,  many of the specific words still found on documents that give rise to this dispute…. date back over 150 years- terms like “High Water Mark”, “Line of the Wood”, “Canada Land Company”, “Crown Grants”, “Original Plan of Survey”,  “Bed of Navigable Waters”, “Historical Use” and “Prescriptive Right”, some with real legal affect, others without.
So it is truly a legal definition landmine and … it is very hard to figure out. I know of many attempts including mediation, to resolve this conflict over the years. As a professional in the field I do hold out great hope for the promise of mediation but that said ….I know that there are practical limits to what can be accomplished.
What about Tiny Township?
The beach issue here in Tiny has been around for a long long time. As recently as 2000, the Attorney General’s Office hired Global Resolutions, a well respected firm practicing alternate dispute resolution. This firm, working here for over four years, did help create a “cease fire” agreement that lasted for a short time, but negotiations eventually failed and mediation stopped.
Why?
Well…. two difficulties arise in resolving public disputes- identifying who the disputing parties are and knowing if anyone really has the ability to bind anyone to a decision. While it is true that Tiny Township could purchase property as it becomes available, other than that, the reality is that they can do very little to affect ownership of property short of expropriation…. and there are reasons they may not do that either.
Here’s my bottom line about Tiny Township
My own investigation tells me that Tiny Township council has no legal jurisdiction or authority to act on matters involving property ownership. This is documented fact.
My position has to be that our municipality’s time, money and efforts are best used to clearly establish and identify Tiny Township’s own municipal waterfront holdings and to take all necessary steps to improve, make safe, and make them accessible for residents, visitors and for our neighbouring property owners.
I pledge that as best I am able, I will work for viable, legal alternatives to the status quo, which address these issues. I welcome the opportunity to hear from you to discuss the matter.

 

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