
| As beautiful as the Kipawa River is, with all of its cultural and natural heritage values, you would think it would be reasonably safe from destructive developers it is NOT. |
Our Position
Protect and Respect the Public Right of Navigation in Canada No diversion of water |
| November 2008 Update On November 14, 2008, Les Amis de la Rivière Kipawa filed an application for leave to appeal the Kipawa River navigation rights case to the Supreme Court of Canada. |
Our memorandum of argument, 20 pages, 1 mb (download) Our entire application, 294 pages, 14.2 mb (download) |
| September 2008 Update The Federal Court of Appeals dismissed our navigation rights case. Read the extremely brief reasons for judgement >> here << |
|
|
April 2008 Update
Les Amis de la Rivière Kipawa filed the applicant's factum on our Federal Court of Appeals navigation rights case. Read our factum >> here << |
|
|
January 2008 Update
Les Amis de la Rivière Kipawa filed an appeal of Justice Noel's December decision denying our judicial review application. Read our notice of appeal >> here << |
|
|
December 2007 Update
Federal Court Justice Noel released his unfortunate decision on Les Amis' application for judicial review of arbitrary attempts by Public Works and Government Services Canada and Transport Canada attempts to eliminate historic navigation rights on the Kipawa River at Laniel. Read Justice Noel's decision >> here << |
|
| The Attempt by the Federal Government to Infringe on Navigation Rights In 1968 a handful of adventurous tourists from the U.S., who travelled to the Kipawa region every year on holiday, decided to bring a raft up and run the upper section of the Kipawa River from Laniel to the highway park. Those raft trips down the upper section of the Kipawa River, which included runs down the chute through the Laniel Dam, are the first record we have of modern (recreational) navigation on the river. That was followed by exploratory runs in canoes and kayaks in 1970-71 by some paddlers from the Rouyn-Noranda area. Then through most of the 1970s, Quebec paddlers frequently ran river trips on the Kipawa, even using the river as a training site for whitewater certification courses. In 1987, the first official Kipawa River Rally was held, an event that evolved into an annual celebration of the exciting, natural beauty of the Kipawa watershed. Paddlers have kept coming back to this river because, pound for pound, the Kipawa is one of the best whitewater runs in eastern Canada. The Threat The owner of the Laniel flood control dam has had plans to replace the aging structure for several years. The dam was built in 1910 and came into operation in 1911 and it clearly needs to be replaced. The new structure, with four hydraulic gates, will roughly double the release capacity on the Kipawa watershed and provide important protection from extreme flood events. The Dam Owner Refuses to Recognize the Value of Navigation In March of 2005, when Les Amis de la Riviere Kipawa first became aware of the dam owner's intent to rebuild the Laniel dam on a two-year timeline beginning in the fall of 2005, we clearly expressed our support for the project. We were then informed, in an "oh by the way" sort of a tone, that we would no longer be allowed to navigate the chute through the dam gates, as has been our practice for almost 40 years. Over a period of almost a year, Les Amis made every effort possible including appeals to federal ministers, to engage the dam owner in meaningful discussions about their infringement on our navigation rights. The dam owner refused to even talk to us, and to this day, refuses to engage in any discussions around infringement and mitigation. That left us with no choice but to seek resolution in federal court. At issue is the application of the Navigable Waters Protection Act and the Canadian Environmental Assessment Act and the proper conduct of meaningful public consultation. Please use the links below to access documents filed with the federal court. |
|
| LES AMIS APPLICATION | |
| LES AMIS AFFIDAVITS | |
| LES AMIS EXAMINATIONS | |
| LES AMIS MEMORANDUM OF FACT AND LAW | |
| FEDERAL GOVERNMENT AFFIDAVITS | |
| FEDERAL GOVERNMENT EXAMINATIONS | |
| FEDERAL GOVERNMENT MEMORANDUM OF FACT AND LAW | |
| Two Ottawa law firms are supporting our efforts on this application for judicial review of the decision to deny navigation on the Kipawa River.
The Ottawa law firm of Jewitt-Morrison has been very supportive because they care...their motto is "We Fight The Good Fight". The lawyer they originally made available for our case, Rob Monti, is a boater who has run the Kipawa, so he knows what we're talking about. Rob has since moved on to the Ottawa law firm of Nelligan-O'brien-Payne. NOP has also graciously allowed Rob to continue to work on our case. |
|