beemer
Well-Known Member
I don't think anyone is suggesting that the Province can pass any law restricting navigation or anchorage for a reasonable amount of time. BC however has control of the sea bed in inland waters such as for example Georgia Strait (Supreme Court ruled on this) due to a condition of joining Canada. So if they are not trying to supercede Federal laws by trying to enforce their own laws or bylaws I don't see a conflict. In fact I think we can all agree no one is enforcing anything, or very little.
To me there is two different issues here. Do you have the right to anchor your vessel for a reasonable time? Yes, so long as you don't impede navigation. Do you have the right to claim the use of Provincial land for your long-term exclusive use? I say no, nor should you be able to!
In essence my point is not that the Province can't trump Federal law (are moored boats exercising their right to navigate?), but as in many other cases Federal, Provincial and Municipal laws can co exist and complement each other. It may all come down to a ruling about how much time is reasonable to remain immobile on both Federal and Provincial seabeds.
By the way I believe you are totally wrong regarding Municipal bylaws on the water. A simple Google search came up with West Kelowna and Saanich amongst others.
Hi Ziggy , read Marcoux v. St-Charles-de-Bellechasse at http://www.admiraltylaw.com/grouped_summaries.php?topic=26 and you will see that The Supreme Court of Canada has ruled that municipalities do not have the right to regulate navigation. Many still pass "bylaws" which are not legal and are really just harassment of mariners.
Transport Canada has already defined what is reasonable anchorage ,but unfortunately most municipalities (with the exception of Vancouver) either don't agree or don't understand the process OR have decided to go down the road of passing ridiculous bylaws to try and get their way.
Don't get me wrong Ziggy , I am not in love with floating garbage but if rights are given up to local authorities you can kiss goodbye to freedom on the water!
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