NEWS RELEASE
PWGSC Forces Cancellation of Paddling Festival
OTTAWA—A group of people involved in a grassroots river advocacy organization based in the Province of Quebec say they have been forced to cancel a 20-year-old canoeing and kayaking festival by the federal department of Public Works and Government Services Canada (PWGSC).
Peter Karwacki, vice-president of the non-profit group Les Amis de la Rivière Kipawa (Les Amis) says PWGSC bureaucrats have completely ignored their legal obligations to engage in meaningful public consultation on the environmental impacts of a project to rebuild a federally-owned flood control dam at Laniel.
“For over two years we have made every effort work co-operatively with PWGSC,” Karwacki said. “In our view, PWGSC bureaucrats have lied, hidden information, acted arbitrarily and stepped well beyond the legal boundaries of their mandate.”
Les Amis cancelled their annual white water festival for 2007 after PWGSC published advertisements in newspapers in the Témiscamingue region in May announcing that participants at the 2007 festival would be denied access to the entire top section of the river near Laniel.
“We can draw no conclusion other than that PWGSC is punishing us for standing up for our legal rights as Canadian citizens,” Karwacki said.
The cancellation of the 2007 river festival is just the latest round in Les Amis' efforts to have PWGSC recognize and respect decades of navigation history on the Kipawa River. Over a year ago Les Amis launched a $100,000 legal case against PWGSC and Transport Canada over navigation rights, seeking a judicial review in federal court, of decisions made by the two government departments in 2005 and 2006 related to the Laniel Dam replacement project. That application for judicial review goes before a judge in Federal Court in Ottawa in October.
The Kipawa River Rally is the second oldest recreational white water festival in eastern North America, and has attracted thousands of white water enthusiasts to the Témiscamingue region from as far away as the U.S.
Ironically, PWGSC, the owner of the Laniel Dam, actually co-operated with the Kipawa River Rally for 18 years by adjusting its management regime for the Laniel flood control dam to ensure that sufficient water would be available for the festival. All that ended in 2005 when PWGSC announced their plan to rebuild the Laniel Dam.
The volunteer group has written a very strongly worded letter to Michael Fortier, Minister for PWGSC complaining about the actions of his staff.
Press conference details
June 15, 2007
FOR IMMEDIATE RELEASE
Contact:
Doug Skeggs, Director of River Preservation, skeggsd@sympatico.ca,www.kipawariver.ca
Peter Karwacki, Vice President, Les Amis de la rivière Kipawa,613-738-1338 x 3229
Media Advisory – Photo and Interview Opportunity
Les amis de la Rivière Kipawa announces the cancellation of the 21st Annual Kipawa River Rally due to punitive actions of PWGSC.
What:
The 21st annual Kipawa River Rally originally scheduled for June 23 and 24, 2007 at Laniel, Quebec, has been cancelled due to a two-year-old dispute between a grassroots volunteer organization and Public Works and Government Services Canada.
Who:
The following individuals will be attending the announcement and will be available for interviews:
• Peter Karwacki, Vice President: Les Amis de la Riviere Kipawa
• Francois Diebolt, Treasurer Les Amis
• Doug Skeggs, Director of River Preservation, LARK
• Jim Coffey, Director/coowner, Esprit Rafting
When: 10:00 – 10:30 a.m.Wednesday, June 20, 2007
Where: Parlamentary Press Gallery of Canada, Parliament Hill, Ottawa
Charles Lynch Memorial Conference Room, room 130S, Center Block.
Les Amis de la Rivière Kipawa (Les Amis), a non profit organization registered in Quebec, claims PWGSC is contravening the Navigable Waters Protection Act by denying navigation access to the Kipawa River as part of the federal department's efforts to rebuild a 100-year-old flood control dam at Laniel. The Federal Court Case, a judicial review of the Federal Environmental Assessment will be heard in Federal Court October 23, 2007
-30-
The 21st annual Kipawa River Rally originally scheduled for June 23 and 24, 2007 at Laniel, Quebec, has been cancelled due to a two-year-old dispute between a grassroots volunteer organization and Public Works and Government Services Canada.
Les Amis de la Rivière Kipawa says PWGSC is contravening the Navigable Waters Protection Act by denying navigation access to the Kipawa River as part of the federal department's efforts to rebuild a 100-year-old flood control dam at Laniel.
"We know this dam has to be rebuilt," said Peter Karwacki, vice-president of Les Amis. "It is old, it has had a very serious leak for many years. PWGSC should have replaced this dam a long time ago. We fully support the effort to rebuild this old dam, but PWGSC is breaking the law by arbitrarily and unnecessarily denying us navigation rights on the Kipawa River in the process."
Les Amis cancelled their annual white water festival for 2007 after PWGSC published a advertisements in newspapers in the Temiscaming region in May announcing that participants at the 2007 festival would be denied access to the entire top section of the river near Laniel.
The cancellation of the 2007 river festival is just the latest round in Les Amis' efforts to have PWGSC recognize and respect decades of navigation history on the Kipawa River. Over a year ago Les Amis launched a $100,000 legal case against PWGSC and Transport Canada over navigation rights, seeking a judicial review in federal court, of decisions made by the two government departments in 2005 and 2006 related to the Laniel Dam replacement project. That application for judicial review goes before a judge in Federal Court in Ottawa in October.
"There really are two issues in our legal case," Karwacki said. "One is the common law right of public navigation, protected under the Navigable Waters Protect Act. The other is how federal government departments meet their obligation to conduct meaningful public consultation on a project that will clearly have a significant environmental impact."
The Kipawa River Rally is the second oldest recreational white water festival in eastern North America. The extremely difficult decision to cancel the 21st annual Kipawa River Rally was made by the executive of Les Amis de la Rivière Kipawa Friday June 1 after the failure of several serious attempts to engage the owners of the Laniel Dam, Public Works and Government Services Canada in positive and co-operative discussions that would have allowed Les Amis to host a festival this year.
Ironically, PWGSC, the owner of the Laniel Dam, actually co-operated with the Kipawa River Rally for 18 years by adjusting its management regime for the Laniel flood control dam to ensure that sufficient water would be available for the festival. All that ended in 2005 when PWGSC release a large amount of water one week before the festival and then provided a significantly reduced water release on festival weekend, according to Karwacki.
"They have already had a very serious impact on our event," Karwacki said. "Last year was our 20th anniversary celebration and it was almost a disaster because of the actions of PWGSC. We can't continue to run this festival on a volunteer basis if this is the way we are going to be treated by the owner of this dam. They may own the dam, but they don’t own the river."
The cancellation of the annual event, which has attracted thousands of paddlers to the Temiscaming region from as far away as the U.S., will have an impact on the local economy and that is unfortunate, says Karwacki.
"It is not huge but this festival does bring money in," explained Karwacki. "Small businesses clearly benefit from this event. And every penny of the money raised at the festival goes directly back into efforts that benefit the Kipawa River."
As an example, Karwacki cited the 2000 partnership project with the Municipality of Laniel to build a seven-km hiking trail along the river. Les Amis and the paddling community raised about $35,000 for the trail project.
"This is a tragedy," Karwacki said. "It is very unfortunate for all concerned. We're going to try to come back next year, but at this point we don't know. If the behaviour of PWGSC does not change, that is going to be very difficult. Instead of trying to support this event, they are doing everything they can to destroy it."
Les Amis has written a strong-worded letter to the Minister for Public Works and Government Services Canada advising him of the cancellation of the festival and putting the blame for that completely on the actions of his staff.
Thursday, June 14, 2007
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The Ashlu river: it could happen to you
Whitewater Ontario
Whitewater Ontario - Mission Statement
It is Whitewater Ontario’s mission to support the whitewater paddling community through the promotion, development and growth of the sport in its various disciplines.
We accomplish this through the development of events, resources, clubs, and programs for personal and athletic development, regardless of skill level or focus, to ensure a high standard of safety and competency;
We advocate safe and environmentally responsible access and use of Ontario’s rivers.
Whitewater Ontario is the sport governing body in the province, and represents provincial interests within the national body Whitewater Canada and the Canadian Canoe Association
http://www.whitewaterontario.ca/page/mission.asp
Kipawa, Tabaret, and Opemican
Kipawa Dam: After
Where is the Kipawa
Kipawa Dam
Tabaret is a Bad Idea
About the Kipawa
The best thing paddlers can do to help the cause of the Kipawa:
1. attend the rally and bring others including non paddlers to attend and buy beer and have fun
2. write your MP /MNA and raise the issue and post your objections -1 letter = 200 who didn't write
3. Write Thierry Vandal the CEO of Hydro Quebec strongly opposing the 132 MW standard decrying the use of "diversion" as the most environmentally inappropriate method of power production
4. Write Jean Charest, Premier of Quebec protesting that either the algonquin or the tabaret project will eliminate all other values on the Kipawa River by turning it into a dry gulch.
5. See if you can get other allied groups interested by showing your own interest, ie the Sierra Defense Fund, Earthwild, MEC, and so on.
6. Demand further consultation
7. Currently we are at the point where we need to sway public opinion and raise awareness.
However, if all else fails, don't get mad, simply disrupt, foment, and protest . The Monkey Wrench Gang.
Have you read Edward Abbey?
Important Addresses
CEO,Hydro Québec, 75 boul René Levesque, Montreal, P.Q., H2Z 1A4Caille.andre@hydro.qc.ca
The best thing paddlers can do to help the cause of the Kipawa:
1. attend the rally and bring others including non paddlers to attend and buy beer and have fun
2. write your MP /MNA and raise the issue and post your objections -1 letter = 200 who didn't write
3. Write Thierry Vandal the CEO of Hydro Quebec strongly opposing the 132 MW standard decrying the use of "diversion" as the most environmentally inappropriate method of power production
4. Write Jean Charest, Premier of Quebec protesting that either the algonquin or the tabaret project will eliminate all other values on the Kipawa River by turning it into a dry gulch.
5. See if you can get other allied groups interested by showing your own interest, ie the Sierra Defense Fund, Earthwild, MEC, and so on.
6. Demand further consultation
7. Currently we are at the point where we need to sway public opinion and raise awareness.
However, if all else fails, don't get mad, simply disrupt, foment, and protest . The Monkey Wrench Gang.
Have you read Edward Abbey?
Important Addresses
CEO,Hydro Québec, 75 boul René Levesque, Montreal, P.Q., H2Z 1A4Caille.andre@hydro.qc.ca
Tabaret is a Bad Idea (Part Two)
Les Amis de la Riviere Kipawa is poised to use an application to the Federal Court to issue a Writ of Mandamus to ensure the Minster does what he is supposed to do, protect the public's right to navigate the water control structure at Laniel, Quebec using the Navigable Waters Protection Act. (see http://www.kipawariver.ca/)
In the now gutted Navigable Waters Protection Act lay the means by which the Minister of Transport could keep the public right of passage down our great Canadian Heritage, our rivers and streams which are threatened especially by resource corporations and power brokers such as Hydro Quebec.
These powerful entities continue to petition that 'this' river or 'that' stream is not navigable and therefore not protectable.
I don't say that dams and bridges should not be built, only that if they are, historical navigation rights should be considered and preserved by making reasonable accommodations for recreational boaters.
It is the Minister of Transport, in exercising the right to allow or disallow work on or over a navigable waterway is what keeps boats and recreational boaters plying our waterways.
To many recent cases launched in the Federal Court concerning the Navigable Waters Protection Act, most recently the case of the Humber Environment Group of Cornerbrook Newfoundland versus the Cornerbrook Pulp and Paper Company indicates that the important oversight is not being faithfully performed. Have we really come to the point now where we must say "such and such a stream is one foot deep, possessing so many cubic feet per second flow and so on?" The answer to this is... YES!
The honourable Mr. Justice John A. O'Keefe, ruled that it had not been shown that the river was navigable. How convenient was that to the Minister? But either the Minister of Transport acts to protect our rivers and streams as a public right or he does not and that means rivers and streams currently enjoyed by kayakers and canoists.
Enough of the cheating, and double-talk. Canadians! our rivers and streams are our own, lets urge the Minister of Transport and the our government to protect them.
Peter Karwacki
In the now gutted Navigable Waters Protection Act lay the means by which the Minister of Transport could keep the public right of passage down our great Canadian Heritage, our rivers and streams which are threatened especially by resource corporations and power brokers such as Hydro Quebec.
These powerful entities continue to petition that 'this' river or 'that' stream is not navigable and therefore not protectable.
I don't say that dams and bridges should not be built, only that if they are, historical navigation rights should be considered and preserved by making reasonable accommodations for recreational boaters.
It is the Minister of Transport, in exercising the right to allow or disallow work on or over a navigable waterway is what keeps boats and recreational boaters plying our waterways.
To many recent cases launched in the Federal Court concerning the Navigable Waters Protection Act, most recently the case of the Humber Environment Group of Cornerbrook Newfoundland versus the Cornerbrook Pulp and Paper Company indicates that the important oversight is not being faithfully performed. Have we really come to the point now where we must say "such and such a stream is one foot deep, possessing so many cubic feet per second flow and so on?" The answer to this is... YES!
The honourable Mr. Justice John A. O'Keefe, ruled that it had not been shown that the river was navigable. How convenient was that to the Minister? But either the Minister of Transport acts to protect our rivers and streams as a public right or he does not and that means rivers and streams currently enjoyed by kayakers and canoists.
Enough of the cheating, and double-talk. Canadians! our rivers and streams are our own, lets urge the Minister of Transport and the our government to protect them.
Peter Karwacki
Tabaret is a Bad Idea (Part Three)
10 Reasons WhyTabaret is a Bad Idea1) Tabaret is too big. The station is designed to useevery drop of water available in the Kipawawatershed, but will run at only 44 percent capacity.We believe the Tabaret station is designed to usewater diverted from the Dumoine River into theKipawa watershed in the future.
2) The Tabaret project will eliminate the aquaticecosystem of the Kipawa River.The Tabaret project plan involves the diversion of a16-km section of the Kipawa River from its naturalstreambed into a new man-made outflow from LakeKipawa.
3) Tabaret will leave a large industrial footprint on thelandscape that will impact existing tourismoperations and eliminate future tourism potential.
4) The Tabaret project is an aggressive single-purposedevelopment, designed to maximize powergeneration at the expense of all other uses.
5) River-diversion, such as the Tabaret project, takinglarge amounts of water out of a river’s naturalstreambed and moving it to another place, is verydestructive to the natural environment.
6) The Kipawa River has been designated a protectedgreenspace in the region with severe limitations ondevelopment. This designation recognizes theecological, historical and natural heritage value ofthe river and the importance of protecting it.Tabaret will eliminate that value.
7) If necessary, there are other, smarter and morereasonable options for producing hydro power onthe Kipawa watershed. It is possible to build a lowimpactgenerating station on the Kipawa river, andmanage it as a “run-of-the-river” station, makinguse of natural flows while maintaining other values,with minimal impact on the environment.
8) The Kipawa watershed is a rich natural resource forthe Temiscaming Region, resonably close to largeurban areas, with huge untapped potential fortourism and recreation development in the future.Tabaret will severely reduce this potential.
9) Tabaret provides zero long-term economic benefitfor the region through employment. The plan is forthe station to be completely automated andremotely operated.
10) The Kipawa River is 12,000 years old. The riverwas here thousands of years before any peoplecame to the region. The Tabaret project will change all that.
Problems on a local River?
- There is more to do as well but you have to do your research and above all, don't give up.
- IN the meantime prepared a document itemizing the history of navigation of this spot and its recreational value. Use the Kipawa river history of navigation as a guide: see www.kipawariver.ca
- Under the Ministry of Environment guidelines you have a set period of time to petition the change under the environmental bill of rights, you may have limited time to take this action. But it involves going to court for a judicial review of the decision.
- 4. contact the ministry of natural resources officials and do the same thing.
- 3. contact the ministry of the environment and determine if they approved the project
- 2. determine if the dam was a legal dam, approved under the navigable waters protection act.
- 1. research the decision and timing of it to determine if an environmental assessment was done.