Bylaw may be thin edge of the wedge

[TJQ]

Bylaw may be thin edge of the wedge Burns
 


By NICK GARDINER


Staff Writer
 

 


A recent decision by United Counties council to ban overnight fishing from county property is being challenged by a well-known Brockville-area outdoorsman and former Ministry of Natural Resources officer.
 
"I don't think the county has any business legislating anything to do with the sport of fishing," Brian Burns told The Recorder and Times on Friday.
 
"I get the willies when I think someone can swim there or walk a dog on that land, but if you have a fishing rod in your hand you're breaking a bylaw."
 
Burns, who wrote a letter to the editor on the matter arguing for residents to speak up against the county bylaw, said it contradicts ministry fishing regulations, which are a provincial jurisdiction.
 
What's more, he said, it could lead to other measures to restrict outdoor activities, such as an early-morning ban on discharging firearms, for instance.
 
"One of the bigger fears is what's the next group they're going to target. Hunters could be the next one if we don't act now.
 
"I think that any user of county lands should be very concerned about this bylaw and what could be next.
 
"A single complaint or two and there could be another bylaw restricting activities on county land."
 
Counties council passed the bylaw at its Dec. 12 meeting following a request from Westport Mayor Bill Thake to endorse a ban on overnight fishing approved previously by his municipal council.
 
Thake said his municipality wanted the ban so it will be able to bring in the OPP at night when anglers are putting their safety at risk fishing off bridges and along the roadside.
 
But he acknowledged the action was partly in response to alleged fish-poaching incidents in recent years that have not been fully investigated by the MNR because of a lack of resources.
 
Two such altercations last summer are part of a study by the Ontario Human Rights Commission into racism against Asian-Canadian anglers.
 
But if counties council is attempting to curb illegal fishing with the bylaw, Burns said they are barking up the wrong tree.
 
"It's totally the wrong approach. If you're unhappy, go to the MNR or MPP Bob Runciman," said Burns.
 
"The counties would be a very strong lobby group with Runciman going to ask the ministry for more enforcement.
 
"That's the proper channel in my mind and you're not disguising it as public safety."
 
Furthermore, Burns suspects the OPP won't be interested in providing enforcement of a municipal bylaw.
 
"I don't think the OPP will touch it."
 
That remains to be seen, said United Counties Warden Jim Pickard.
 
Pickard said he isn't in a position to determine the OPP's jurisdiction, but agrees with Burns that the province ultimately has to provide more resources for the ministry that oversees the use of public lands.
 
"With respect to the MNR, I don't disagree. That's where the problem has to be solved."
 
But he said counties council has a concern about liability that has been addressed by the bylaw.
 
"There are areas where it is dangerous to be fishing off bridges, especially along the Rideau Canal at Chaffey's Lock and Jones Falls. There are locations even off the bridges that can be dangerous."
 
Still, the countywide ban doesn't prevent people from fishing at night at other public locations that are not on county "highways and rights-of-way" as the bylaw reads, said Pickard.
 
"I would suggest it's accurate to say there are other places to fish."
 
However, Pickard acknowledged it remains unclear how the OPP will respond to calls to aid municipal bylaw enforcement officers.
 
"We have to ensure the bylaw is enforceable and meets the intent, one of which is the liability issue."
 
 


• Published in Section A, page 1 in the Saturday, December 29, 2007 edition of the Brockville Recorder & Times.
  
• Posted 10:01:29 AM Saturday, December 29, 2007.