Your wrong on navigation waters there is dead’s that they own the water as well just try and go through long point company and say your allowed not so much buddyJust an FYI. Federal law protects the right of the public to navigate on all the marshes around Big Creek, regardless of what the signs say. Though I would certainly respect the no hunting and no fishing parts.
Under the Ontario Beds of Navigable waterways act, the beds of waterways are not transferred from the crown to the property owner, unless express title to the bed is given. Even in the case of express title to the bed being given the right of the public to navigate the waterway is not impacted.
From the Federal law (it was weakened but as of 2019 the rights of navigation have been re-enforced)
navigable water means a body of water, including a canal or any other body of water created or altered as a result of the construction of any work, that is used or where there is a reasonable likelihood that it will be used by vessels, in full or in part, for any part of the year as a means of transport or travel for commercial or recreational purposes, or as a means of transport or travel for Indigenous peoples of Canada exercising rights recognized and affirmed by section 35 of the Constitution Act, 1982, and
Ontario Policy Directive
- (a) there is public access, by land or by water;
- (b) there is no such public access but there are two or more riparian owners; or
- (c) Her Majesty in right of Canada or a province is the only riparian owner. (eaux navigables)
Note: Whether the bed of a watercourse is private land or Crown land, the navigability of the watercourse is unaffected. The right of navigation (refer to PL 2.09.02 Navigation – A Public Right) is protected under the Navigable Waters Protection Act, as administered by the federal government.
Consider this when trespassing on posted water access; The marsh trails are tight and narrow, you run the real risk of being plowed over by legit users of the marsh. Authorized users coordinate with each other when they enter the marsh and when they are clear of the area. Keep that in mind the next time you are rolling the dice.
And YES, it has happened before.
You are correct. Let me re-word this. The marsh trails are full of blindspots, sharp curves and high reeds. They would never see you if u were parked fishing.They cannot run you down and not take responsibility for that. No matter who owns the property and whether or not you are trespassing. There is no such thing as "at your own risk" if you are negligent you are at fault regardless.
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