Nothing cuts through to the core
of the debate between those that believe all property should be private
(notably the current US Presnit) and those that believe some, or even
most, property should be held in common, as public property available
for the enjoyment of all, than the issue of lakefront and riverfront
('riparian') access rights. Googling the topic brings up a horde of
lawsuits, neighbour vs. neighbour fights, and political grandstanding.
What is amazing is that, at least in North America, there appears to be
no overarching principle, no constitutional right either to access of
recreational and wilderness land (notably beach and waterfront), or
alternatively to restrict access to such land as part of basic property
'rights'. So these disputes are decided in the trenches -- in municipal
courtrooms, based most often on the wording of ancient deeds and
easements than on principled grounds.
Yule Heibel has a delightful post this week
that got me thinking about this again. She lives in Victoria BC, where
my wife and I lived for five years, and where public rights of access
to much (all?) waterfront areas are sacrosanct, under municipal law,
except for rare 'grandfathered' cases. She exults in the freedom and
the sense of community that such laws engender, and contrasts this with
the situation in Massachusetts, where almost all waterfront areas are
restricted to individual owners and "residents". She says she learned
how to covet from her years there. My reaction would be anger, not
covetousness, and, like Yule, I might be tempted to chalk the
difference up to Canadian vs. US culture. In my community, we only put
up a fence if it is needed to keep pets in, and only then with
permission of the neighbours and an open invitation to use the gates to
pass through. The Toronto waterfront is almost entirely public access,
with parks and walking trails running the entire breadth of the city.
But I would be wrong to chalk this up to Canada-US cultural
differences. There are areas in the US where public beach and lake
access are enshrined in at least municipal law. And there are areas in
Canada where they are not. I remember going for a drive up to Lake
Simcoe, about an hour North of Toronto, and being astonished at the
signs wherever there was a lake view saying "No parking any time
without resident sticker -- strictly enforced". Visitors could drive
by, but not stop, not touch, this 'private' lake. And right in my own
municipality there is a small park with soccer fields, apparently
donated by a private citizen, with a municipal sign saying "Park use by
permit only -- no dogs allowed".
As much as I am offended by these restrictions, no matter where they
may be (I was equally astounded to find many beaches in the Caribbean
off-limits to citizens, fenced and guarded to allow only foreign,
paying guests in), I am perhaps even more amazed that, in the absence
of any constitutional principle, the situation is not much worse. It
says a great deal for the people of those communities that do
protect the rights of citizens to the enjoyment of the 'best' land --
waterfront, recreational, parkland and wilderness -- that they do so in
the face of those with money and power who would secrete these special
lands for the exclusive use of the privileged. I don't know how it
might be worded, but I believe it is time we enshrined the right of all
citizens to access and enjoyment of all such land without
discrimination, before the forces of privatization take away what is
left, before the final act in the Tragedy of the Commons is writ.
What is the law where you live? Is it as patchwork and arbitrary as it is here? Or are you able to say, as Yule does,
This is mine, it's all mine, it all belongs to me, and it belongs to
you, and to you, and to you, too! It's ours, ours, ours! How do you do?, lovely to see you, I hope you,
too, are enjoying our beautiful land! This meadow?, this mountain?, this ocean?, this view? Yes,
it's mine, and it's magnificent, isn't it? And I know you must believe
this, because of course it's yours, too! We share this!
|
MADE IN CANADA
trust your
instincts 
