All about Whitewater: The NEW Kipawa River Chonicles: copyright 2020

The New Kipawa River Chronicles

Act One

The action moves from the Kipawa River to the Lodge. Les Amis find out about the government plans to divert the river and decide to organize. The set is darkened. There is a spotlight on a paddler standing next to the river in his gear, another appears to be in the river ready to descend.

Scene One

Pete:

If I told you I was a river preservationist, you’d probably say, "oh…, that's nice" but what you’d be thinking is like, "Boy... glad I don't have to do that."

Well, I started out thinking I would help save the planet and I ended up selling raffle tickets, working at bake sales and running silent auctions… to pay for lawyers. These days, things get sorted out in court or by politicians. And the lawyers? unless they’re paddlers, always get paid. I got my friend Rob involved: he is a lawyer… and a paddler. And paddling? It all starts out innocently enough, somebody invites you to try your hand in a kayak, maybe even go rafting. I was invited to watch a film called, "Dudh Kosi - Relentless River of Everest" and I got hooked. If you grow up under a wing...sooner or later you might just start taking risks. Some get really irrational hanging upside down in a kayak....and even more irrational running out of air. But some just get even more focused, you know, like time stops, and suddenly, you are more alive than ever. One by one, they drop out. Take Ray,for example, his shoe gets sucked off his foot in a little rapid...that was enough for him – lost his nerve. And Matti? He got window shaded in a little hole...so bye bye Matti. No more paddling. Others just get older and a bit too pudgy...maybe a bit too stiff, or a bit too cautious.

Whitewater kayaking is not for the faint of heart. It gets better, maybe easier but it never gets safer. So I ‘m a river preservationist, and I’ve paddled more rivers than I can name, the Colorado of the Grand Canyon, the headwaters of the Ganges in India, the Gauley, the Kipawa, and more so I’ve earned my stripes. I published a paper in the Journal of sustainable development and presented it at Energex 2002. ..and these days others actually read it. The one I did for the journal of the Canadian Dam association on designing navigable water control structures....got a standing ovation when it was presented . And there’s a chance they are actually being built… somewhere.

The challenge of the river preservationist is to stop the hydro electric developer, to stymie the industrial polluter, to preach to the weekend litterbug, educate the land owner about them giving access. We have to mess with the cost, benefit regression analyses of Hydro project managers. A Texas lawyer heard about my work to save the Kipawa from diversion. He said that we had already slowed the project planners down – just by starting our court action… by muddying the waters for the project planners. That might be. An aboriginal chief said there was ‘gonna be a project’ whether we liked it or not and we had to choose to support his band’s project. A government official said that there was a process and we had to follow it, like it or lump it. A paddling buddy said that ‘nobody gave a damn’ about the Kipawa River and besides there were plenty of other rivers to paddle, closer to home. People told me that there were too many other causes, and priorities and nobody was going to lift a finger to save the Kipawa River from diversion from its natural and rocky stream bed. A laywer from Montreal said it was ‘gonna take a lot of time and a lot of money’ and in the end it would be the politicians that would decide the matter.

Money, it seems tends to be the arbiter of the environment as is so often the case these days. Well, it was Hydro Quebec that we were fighting with but it was the Federal Government that owned the dam. Somebody built it but the Feds took it over. They made it so logs could float down stream. That was the original intent. But the dam got old and Hydro Quebec got greedy when they came up with a plan for every drop of water running downhill in the province. They were going to divert the Kipawa except for a few drops called the ‘reserve flow’. We asked to have a stop log gate installed on the south end of the refurbished dam on the Kipawa. The last time I checked...they had installed a stop log gate there, just like we asked, but they never open it. When the Tembec Corp built a bridge over the river....they did not check with paddlers to see how they felt about it. They didn’t worry about destroying the attainment Eddie's on either side of the big glassy wave that was a favorite surf spot..oh no. Being a river preservationist also means dealing with government and this means bureaucracy and the frustrations of getting things done slowly by committee. It means that you may disagree with other river preservationists, and have heated hour long debates, over the correct spelling of the group's name, for instance. Years went by and I stepped back from it all. Two relationships suffered, I lost a good friend. Something had to give. Today I am a fair weather paddler…and then there was that heart attack – (pause) probably unrelated.

So when the Kipawa River ended up on the back of the $20 bill, I felt pretty darn good about it. When they declared there be a park on the Kipawa I figured they would let the dam water be. Hydro Quebec cancelled its Tarbaret River Diversion Project. We lost… you see, but then, we won. Thinking back to the court case, which we lost, well we eventually won, you know? Lost the battle, won the war. And the judge that said my behavior was harassing when I told the feds that we would come after them like a swarm of Hornets...and maybe a few email and letters, and phone calls more from me than they wanted to handle. So yes, you might be glad it was me and not you when I say I am a river preservationist. — for the Kipawa River… but this here is our story.

[The scene opens at Pete’s Dragon Rapid]

The scene opens on a stage ramp. There are plastic streamers attached to the floor and air is blowing from the bottom to make them flap. Pete is his kayak (which is worn like hobby horse) with helmets and paddles. The paddlers are wearing kayaks like barrels and their feet extend below so they can walk while appearing to paddle. The boats are short so they have a slightly comical look about them The set is a scaffold with two platforms. There is a ramp leading from one platform to the other. The platform is wooden, with a wire mesh but solid with blue and white mylar streamers attached to each wire. Grey Styrofoam boulders line the sides of the platform simulating a river. There are fans below blowing air and it makes the streamers flutter to simulate water splashing. Two paddlers are on the river, One in his boat, the other on shore with a throw bag. Doug is Out of his boat…on shore.

Doug:

(shouting)

Let me grab your boat!

The backdrop is a screen and it shows a picture of Hollywood rapid and the lodge. On the right “shore”, steps are fashioned to look like boulders so there are no streamers.

Pete:

(on the top ramp – shouting back)

No, not this time, … set up a throwline I’m going to try it.

Doug:

You sure? OK!

(he moves down the shore/steps and stands next to the lower platform with his safety throw bag ready.

Ready!

(waves arm)

The spotlight shines at the top of the ramp where the paddler is in contemplation:

Pete:

It looks doable. Well I’m pretty sure I can do it. It’s now or never and..

(he describes the moves as he is doing them, moving down the ramp)

Punch that hole,

off that lip, brace left,

come around to the right. And …

Whoop!

Doug:

That’s a solid class IV run. Congratulations, I think you’re the first person to ever run it. We’re gonna call it “Pete’s Dragon”.

Pete:

I don’t know what got into me…but its such a nice day, It just seemed like the thing to do. I just knew I could do it.

Doug:

Have noticied all the flagging tape everywhere? Somebody’s been spray painting all the rocks orange. Looks like a survey crew has been up to something.

Maybe Scott knows’ what’s going on.

The set has a wooden platform on stage with a wooden railing. The two kayaks come down the ramp and float/stand next to the dock. Scott is standing on the platform with a fishing rod and a fishing net in his hands. There is a big red devil on his line and he is looking at it.

Scott:

Hey, I didn’t see you boys up there. How y’all doing. How was your run?

Pete:

Awesome, we did the whole thing - top to bottom this time.

Scott:

Well all right! All the more power to you boys for running Hollywood. I haven’t ever seen anybody run the top section, I’m sorry I missed it.

Doug: 7

Good to see you again but why all the flagging tape and paint up there?

Scott:

It’s not me, its Hydro Quebec. Bad News fellas. You know the old dam up at Laniel was aleakin’. Well now they wants to divert the river with a whole new dam and send our Kipawa through a new generating plant just south of here down the Lake

( Lac Temiskaming.)

Doug:

What the..?

Scott:

After all these years too. Pat and I have been going over it, and we’re worried sick. Its crazy.

Charlie shows up on the dock

Charlie:

Have you guys heard the news? They want to divert the river! It will turn the Kip into a dry gulch! Damn Hydro wants every last drop of water running downhill!

[Exclamations from the group, in various colorful language.]

Pete:

We’ll have to stop them …somehow?

[Light dims]

Act One

Scene Two

[The scene opens at the Kipawa River Lodge, River Cabin. Six paddlers are sitting in the lodge, the audience sees a fire place wall with two couches on either side, and a Kitchen table off to the side with two benches. There is a broken paddle on the wall, and various garments/towels hanging. Beer cans on the table. We have Pete, Doug, Derek, and Dave]

All:

(Guitar playing)

Look out momma there’s a white boat comin’ up the river…

Doug:

NOLAC’ERs, Here’s to a great day on the Kipawa!,

Others:

Paddlers 5: River 1.

Beers are raised, joviality reigns.

Doug:

Nice run , I would have tried it except for my elbow.

Peter:

Looks like its starting to swell up a bit. I hope its good to go tomorrow.. So there was more flagging tape and paint on the rocks at elbow rapid? The survey work goes all the way up and down the river from what I could see.

[Scott opens the side door and walks in:]

Scott:

Guys, what time are you heading out tomorrow, I can get Pat to run shuttle and go with ya’ll if you are up and out early enough?

Doug:

We can be up at 8 and ready to go by 9, how’s that?

Pete:

Wha? We can?

[Charlie opens the door and bursts in, his big voice matches his big 6.3 frame which fills the entrance way. Behind him, John, just as big, carrying a large back pack. He drops the pack and pulls out a newspaper inside it]

Peter:

A new dam, that is the first I’ve heard of it, how’d you hear about it.

Charlie:

I read it right here in the local rag, Le Reflection.

[hands him the paper in his hand]

My French is so, so but its pretty clear to me they are moving it along…says the Feds are transferring the Laniel dam to the province They have to refurbish it before the province will take it over. It’s a $25 million gift to Quebec that nobody knows about.

John:

Yeah, they plan to dig a new channel and build a new bridge on highway 101. Sounds nuts but they want all the water in the Kipawa diverted so they can maximize the total drop. Its a 140 Megawatt power project!

Doug:

That’s way too big anyway! Ugly and industrial. This is supposed to be a protected area.

Charlie:

Now the local aboriginals are claiming they want a piece of the action, they have their own project down in Temiskaming. The Wolf Lake band proposal is for 42 MW. They want the water. “hash tags” Its all about ‘money’.

Doug:

The enemy of my enemy is my friend!

Scott:

That must be why Hydro Quebec was planning on sending a guy up here for the rally tomorrow, they said they wanted to talk to me about something. They are really nice when they want something from you.

Pete:

It’s hard to believe they want to take away this beautiful river. We have to stop ‘em. This is our river. … and that paint and those flags everywhere. How’d they like it if we did that all over their back yards?

(silence at first then the sound of a snare drum beating a call to march, and as the conversation builds, the sound of a piccolo)

Doug:

They’d have to do an environmental assessment if they want to transfer the dam maybe they did one without anybody telling us, it’s the first I’ve heard about this. Yeah! They are trying to ram it through without talkin’ to anyone that might object to it.

[All in muffled agreement]

Derek:

We have to get organized. We’ll incorporate as “Friends of the Kipawa”, like they did for the Gatineau. “Les Amis de la Riviere Kipawa”!

All:

Yeah!

[all muffles of agreement]

Doug:

Good move, government likes to deal with organizations, not individuals though. We have to expand our membership. Here we are a bunch of paddlers from Ontario trying to save a river in Quebec. We need more locals.

Pete:

I nominate Doug for president!

Doug:

Fuck you!

[laughter, and snickers]

Derek:

I can get some model bylaws from the Quebec Whitewater Association

(FQCK)

and file the papers when I get back to Montreal. You can do it on line for about 30 bucks. We should incorporate in Quebec though.

Peter:

Great! Who is Vice President?

Doug:

Thanks for volunteering.

(more guffaws and snickering)

Derek:

I’ll be the secretary, we’ll need a bank account.

Doug:

“Good Man”,

[ more Muttering.]

Dave:

I’ll open one at the BMO down from my place once we have the papers filed. Everybody give me ten bucks for the account… a ten dollar membership fee! We will ask everyone that attends the Kipawa River Rally to become a member and donate to the cause.

Doug:

All in favor?

ALL:

Aye

[they all raise their hands and start giving Dave their money]

Pete:

We’ll come at them like a swarm of mad hornets.

Doug:

We’ve been paddling this river for years, if we don’t do something, for damn sure nobody else will! it’d be like we had stolen all that time on the water.

Dave:

I’ll scan the gazette to see if I can see any announcements.

Doug:

I’ll contact the mayor of Laniel and see what he can tell us.

John:

I’ll start up a webpage, so we can get the word out….

[scene fades out with them all busy planning the resistance movement]

Act Two

The action moves from an office in Gatineau, the headquarters of Quebec Hydro, to a living room in Montreal and finally to a meeting of Whitewater Ontario. Les Amis approach the government about their concerns, are ignored, and plan to take the government to court. They have to get the money from “somewhere”

Scene One

[The scene opens at the offices of Public Works in Gatineau in the waiting room of the marine services division, Peter and Doug are waiting to visit with Yvon Morin, the manager of Marine Services in Eastern Canada. The stage is dark except for the spotlight on them. ] Doug is sitting on a bench, Pete enters a bit breathless…

Doug:

I thought you weren’t going to make it. What have you got on the laptop?

Pete:

It’s Ronny’s video, it shows kayaks, canoes and rafts running the dam at Laniel. I thought that it would help. You can see us paddling through the gates of the dam - maybe they will change their minds on the design if they see how much fun it is. Maybe they'll see the tourism potential…

Doug:

Our plan is to ensure that they continue to let us run the dam at Laniel. If there is water running through the dam there, there is no business case for the river diversion project. For the time being we want to let them know we want navigation at the dam preserved according to our past practice over the last 40 years.

Secretary:

Mr. Morin will see you now.

[Mr. Yvon Morin is a middle aged government functionary. He appears to have a substantial waist, far from being an active man, rather he is the kind of civil servant who is looking forward to a peaceful retirement. The spotlight moves over to a desk at which Mr. Morin sits, the stage is now fully lit]

Doug:

Bonjour Mr. Morin, very nice of you to meet with us. This is Mr. Karwacki our vice president.

Mr. Morin:

Welcome/Bien Venue, I manage the marine services for Eastern Canada. I was surprised to get your call, what seems to be the problem?

Pete:

It’s the dam up at Laniel, Quebec. It is owned by Canada and you are responsible for it. We agree, it needs refurbishment. We want to discuss your design plans.

Mr. Morin:

Plans?…what about our plans?

Pete:

Well, we have been using the water control dam there for almost 40 years. Paddlers have been running the dam for years. They used to run logs. Nowj just like logs used to be driven through the dam we run our kayaks…. And we want to make sure that when you refurbish the dam you take our use of it into consideration?

Mr. Morin:

What do you mean, “using the dam”?

Doug:

Like Mr. Karwacki has said, We’ve been running, er… navigating the dam. We have a video showing this during the last Kipawa River Rally. Let me show you.

[Pete opens laptop and begins showing the video. The video is projected on the overhead screen so the audience can see it. The video is projected on the screen in the theatre, showing kayaks, rafts and canoes running the dam. ]

Mr. Morin:

C’est impossible! You cannot do that! It is illegal!

Doug:

I’m sorry Monsieur Morin but actually we can, According to the Navigable waters Protection Act. We know that the current Laniel dam itself is illegal, it was never approved when it was built! We want the refurbished dam to preserve our historical right of navigation.

Pete:

If you modify the dam in any way to affect our ability to navigate it, the paddling community will be very upset. We’ve been running a festival, the Kipawa River Rally in Laniel for 25 years. Businesses in the village of Laniel look forward to the tourist dollars to help make ends meet. That area badly needs the jobs and the tourists. Paddlers come in, stay at the local cabins, buy gas for the festival and come back again later with their friends and families. It is a win /win situation, no pollution, maximum benefit for all.

[Switch to the image of Sadia Loney descending the main gate at the dam project on main screen]

Mr. Morin:

This is all news to me. You see, our planning is well established. I cannot promise you anything.

Peter:

The paddling community will come after you and your department like a swarm of hornets if you let Hydro Quebec divert the river.

We would challenge you in court if we have to but we don’t want it to come to that.

Doug:

I apologize, Mr. Morin, if Mr. Karwacki seems to be too agressive about this but we are all very passionate about this particular river.

Keep the video and this documentation on the history of navigation our group prepared. We call ourselves: Les Amis de la rivière Kipawa. We will wait to hear back from your office on your decision.

[They shake hands, exchange cards, and the light drops]

Act Two

Scene Two

[The scene opens a top floor office within a heavily secured building somewhere in Montreal. The scene is darkened, with purple light - and malevolent. Managers are gathered (dressed as gothic monastic monks and are discussing their next moves.]

Dark Figure Three:

A problem has come up number one. A group of paddlers has formed a non profit corporation to resist us. Our plan to capture every drop of water running downhill from the Kipawa watershed is at risk.

Dark Figure two:

We will stall them! while we get the dam approved. Make sure Morin keeps his mouth shut. By the time they figure out what is really happening the project will be a done deal.

Dark Figure three:

They know the original dam was never approved. They know the refurbished dam will be transferred to the province. What else do they know? We have to move fast. They are sending emails to everybody and anyone who might listen.Number One is starting to get letters from the locals. I suggest we accelerate our plans.

Dark Figure Four:

Les Amis have sent a representative to Poland to deliver a paper at Energex. They are talking up the Kipawa versus the Tabaret River Diversion project. It is being published in the journal of applied Energy.

We do not need this kind of publicity. And now, The Canadian Dam Association has accepted their proposed paper on Navigating Water Control Structures for Christ’s sake.

Dark Figure Three:

Any traction on this?

Dark Figure Four:

It gives them a platform and increases their credibility. They have have a spot at the Canadian Heritage River conference as well. The problem is they have been running their whitewater festival for the past twenty years so they have standing in court. Their little protest is screwing up our estimates, they are screwing up our plans!

It could stop the generating station project.

Dark Figure two:

It doesn’t matter, they are throwing a monkey wrench into our plans. Stonewall them. We’ll just move ahead for now, just alter the dam design just in case.

Give them their gate...

but we’ll never open it!

All:

[All dark figures except for Number One - Snickering and manical laughter]

Dark Figure One:

(Deep voice like Darth Vader with heavy breathing)

Keep moving on this. I find your frivolity - disturbing. The longer this project is delayed the more our money is washed downstream. I want Tabaret to go ahead. Make it happen!

Act Two

Scene Three

[The scene opens at the home and living room of Dave Pollard, in Montreal, paddlers are gathered, they are discussing their next moves. An environmental lawyer, Gertler has joined them]

Pete:

It’s been six months and we haven’t heard from Morin. Now I see they have announced the dam refurbishment contrac to Guy Laflame Construction. They are intentionally ignoring us. The Environmental Review people are clearly biased towards their project. They will not talk to us.

Doug:

What are our options?

Gertler:

You can do nothing: basically accept that they are going to ignore you. You can launch a review of the decision in court and ask to block the refurbishment of the dam.

Pete:

How much would that cost?

Gertler:

It could cost up to a half million dollars, ...and you likely would lose. You see the problem? It is not illegal to make a bad decision, its only illegal to follow a faulty process towards that decision. Besides, these matters are usually political. The courts rarely interfere with government projects like this.

Pete:

… a half million!

Doug:

let him finish

Gertler:

…as I was saying, a judicial review would cost up to a half million dollars. Your other option is to try to raise this as a political issue, which it is. The plan is to transfer the refurbished dam to Quebec Its like a cash transfer to Quebec – nobody is talking about that. People are testy about preferred treatment of Quebec these days.

Doug:

We have discussed this. We don’t have the money.

While we have managed to raise some funds from the paddling community - its nowhere near that sum.

Gertler:

Environmentalists soon find out that when they want to save the environment: they end up fund raising to pay their legal bills.

Peter:

The good news is that we are incorporated, we have court standing, and even if we lose, none of us would be liable for court costs. The corporation would just have to dissolve.

Doug:

We have one member who is an HR lawyer who might agree to do the Judicial Review filing for us. We hope to meet with him at the next Rally.

Gertler:

There are other court costs besides paying for lawyers.

Peter:

I don’t know about the rest of you but I feel we have to do something.

We may lose, but at least we will be at peace knowing we did all we could do. The Kipawa has been a unique jewel of a river to paddle all these years. That old dam leaked like a sieve, even when it was closed we could still paddle the river.

Everybody knows that the new dam is part of Hydro Quebec’s diversion plans…it’s the perfect way to turn the river into a dry gulch. It won’t leak, and they’ll turn off the tap.

We have to use the judicial review to ensure that refurbishment keeps water in the river.

We’ll ask to navigate the dam under the Navigable Water’s Protection Act but Navigation means there will still be water going into the river, not some paltry reserve flow.

I am suffering at home over this. My wife is stressed out about my talking about taking the government to court. She works for the government and is worried about losing her job. This is a big deal to me though.

If I ever have grand children I would hate to tell them I was just sitting around while the government away our rights and our river. If not us who?, if not now, when? If this river is not worth saving then what is worth saving?

All:

Yeah! Right!

(Back and forth)

Doug:

So as the executive, all in favor of recommending we launch the judicial review of the dam refurbishment to the membership?

All:

Yea!

(all agree)

Doug:

The executive agrees. I guess we'll figure out how to pay for it later.

Thanks to Mr. Gertler for his advice and counsel. And now… Pizza!

Peter:

(aside to Doug)

I wonder if we’re making the right move?

Doug:

You can’t let fear take over. It’s like running a rapid. We know the challenge is great - we don’t know what will happen next, but we do know we are prepared, and our cause is just. We have had some of our best and worst days out there on the Kipawa.

Ahem. Attention everyone!

(Some mumbling as Doug pulls out a plaque from his attaché)

Les amis de la riviere Kipawa present this plaque to Peter Karwacki, our vice president, and immediate past president in appreciation of his outstanding efforts to preserve and protect the Kipawa River.

Afterall, without his work, we would have no case.

Cheers

All:

Cheering

Pete:

[On the edge of tears]

No matter what lies ahead, it will seem mild in comparison to my first time running Hollywood rapid.

[laughing and guffawing]

Thanks for this. It means a lot to me knowing that you all support what I have been doing. It hasn't been easy at home these days and I find strength in knowing others feel the same way about the need to protect the Kipawa River.

[more clapping and cheering. Back pats etc. ]

[scene ends, light fades]

Act Two

Scene Four

[The scene opens at a meeting of the board of whitewater Ontario. Peter is convincing the board of the need to sponsor Les Amis de la Riviere Kipawa in their court challenge]

Member one:

We are a racing organisation, we don’t have the money for river preservation.

Peter:

We are not asking for the moon here.

The paddling community is looking for leadership on this issue. They NEED to know that their association is fighting for access to whitewater. While it is true that the river is in Quebec the Kipawa issue impacts paddlers across the country. Besides, the Kipawa River has been paddled for over 40 years, and Whitewater Ontario has helped sponsor the rally for almost 25 years.

The time has come to fight for the River and our right to paddle it and other rivers in Canada. They want to rehabilitate the dam. We agree with that. They want to take away our right to navigate that dam, we disagree with that.

We know that if the river is kept navigable: there is no business case for the power plant. All we want is to maintain what we have done all along. It is the same thing that is happening right here in Minden. It’s no different than shooting the dam’s sluiceway at Minden – and you have been doing it for years.

How would you like it if they stopped that?

This is the right of Canadians to navigate our lakes rivers and streams unfettered by whimsical government regulation or the aggressive commercial interests exploiting power development, irrigation, water control and property rights.

We’re saying recreational paddling has value, the river has value, the habitat has value.

Member two:

I agree with Peter, we have to show our support. I move that we set aside $10,000 from our plant fund to support the Kipawa River environmental judicial review.

Member three:

I second that.

Member one:

[All look at number one.. He begrudgingly raise his hand]

Aye

All:

All in favour. Aye.

[cheering and clapping]

[End of Act Two, the scene lightly fades]

Act Three

The action moves from the Heritage River Conference, back to Dave’s living room, back to the Kipawa River to the Federal Court room and finally to a bar. Les Amis have internal struggles, they evangelize and finally hear the decision of the court.

Scene One

[The scene opens at a Heritage River Conference. (Guelph) Peter is finishing his address to a small seminar group. A sign hangs overhead reading “Welcome to the 5th annual Canadian Heritage River Conference”]

Peter:

So in conclusion: In our study of the Kipawa River versus the Tabaret River Development Project, developers of dams and water control structures must factor in all the values of a river not just the value of power or the value of irrigation to such values as recreation and bio diversity.

We believe it is also useful to look at man made whitewater venues around the world. It costs about $1.6 million dollars per 1000 meters of whitewater constructed. This means that the value of the whitewater on the Kipawa can be approximated to about $30 million dollars. This cost should be factored into the cost benefit of the Tabaret feasibility study.

Any questions?

Attendee one:

You have already put a monkey wrench into their plans haven’t you?

Peter:

The environmental impact study was flawed from the beginning. At first they said that our paddling the dam was illegal.

We showed that the old dam at Laniel, itself was illegal, it had never been approved under the Navigable waters protection act. It was designed to let logs and other things pass through it. It never impeded navigation.

We have been running the dam for 40 years. Then they said it was unsafe. We have demonstrated through 40 years of paddling, and through 20 years of whitewater festivals and countless commercial rafting trips that running the dam, …that navigation of the dam was safe.

Now they are that taking away our ability to paddle the dam saying this is an insignificant loss.

We contend that this is very unique recreational paddling opportunity, one unduplicated anywhere, was impossible to replicate. We insist that the unique bookended experience of starting with the dam and ending with the spectacular Hollywood rapid running into Lake Temiskaming was a unique whitewater paddling experience in the world. It is a world class attraction!

Attendee Two:

So now what? What is going to happen?

Peter:

The problem is political and the politicians are stone walling us. The Navigable Waters Protection Branch Director even denied knowing about the problem and directs us to contact some obscure office in Halifax. They want this problem to go away …but it is not going away.

We are taking the Federal Government to court. We are going to do everything in our power that is lawful to keep our navigation rights. We believe if navigation of the dam is preserved, the Kipawa will be guaranteed to have water running in it in future, for your grand children, and mine too.

Act Three

Scene Two

The scene opens with Doug and Dave and Peter sitting in Dave’s living room in Montreal, a bit too much to drink and too tired.

[Image of the Quebec Provincial flag is projected]

Dave:

I got a letter from the Quebec language police. They confirm that the correct spelling of LES AMIS DE LA RIVIERE KIPAWA should be in mixed case.

Peter:

(groans)

What the hell difference does it make? The legal name is one thing, we can call ourselves anything we want.

Doug:

Les amis are both English and French, I myself was born in Quebec. That’s why we specifically used Upper Case.

Dave:

But we want to be accepted in Quebec and they want Mixed case, Capital “L”, and Upper case on the “K” in Kipawa.

Doug:

That’s fuckin’ ridiculous, it is supposed to be UPPER Case

Peter:

Stop fighting, both of you, its pointless… Save your energy for the fight with Hydro Quebec.

Doug and Dave:

[back and forth]

Mixed CASE! …. UPPER CASE

damn it. … Mixed Case!

Pete:

… So we are going to court!

All:

[Cheers!]

Woot! Woot!

Doug:

Rob Monti has agreed to take on the case. I will be acting as the Director of River Preservation, and Jim Coffey will be our expert witness for discovery. Jim has forgotten more about river running than most of us will ever learn. Rob is a paddler, and he is sympathetic to our cause.

Pete:

Its going take a lot of money.. a whole lot of spending money.. stenography, translation, its crazy.

Doug:

… and its going to take time, a whole lot of patience and time to do it right!

Dave:

What about their contention that somebody got washed over the dam and was injured?

Pete:

We have filed a protest letter on that, it was a drunken fisherman, not a whitewater paddler.

Derek:

And what about the engineer who said it wasn’t safe?

Doug:

We’ve lodged a protest with the engineering society. It’s a hearsay opinion, there were no engineering calculations involved in that whatsoever.

Besides, his outboard konked out, the stupid fuck. He was okay, the boat was a write off but it wasn’t a whitewater kayak or raft it was an outboard!

[ Laughing]

Pete:

Whitewater Ontario has given us $10,000 to help us with this fight. It’s a great start to the legal defense fund.

JD Mathieu has translated Scott’s book into French and is selling copies hand over fist. Scott has given the rights to Les amis. It has earned thousands so far.

We will be auctioning off donated paddling gear at the next rally.

The money will come in, … it just has to.

Act Three

Scene Three

[The scene opens at Pete’s Dragon Rapid, Two paddlers are on the river, the spotlight again focuses on the paddler above]

They are in their kayaks this time and both come down the ramps. The river is projected on the screen behind them as well. They gather at the dock]

[Image of Sadia Loney running main dam gate projected again]

Doug:

Good run, Its Miller Time.

Pete:

Do you ever think that this might be the last time we ever get to do this? The Judicial Review is scheduled for next month.

How is the discovery going?

Doug:

Slow and steady. Jim has been stellar…but everything is slowed because it has to be translated into French. Everything has to be covered in minute detail.

We have to demonstrate that the dam was never approved, that we have been paddling the river for over 40 years, that it is important to the local community, that the dam and Hollywood Rapid form a unique bookended experience for paddlers from all around North American and the world. They are going to claim that you were harassing them and use whatever tactic they can to win the case.

The Justice Department lawyers really play hard ball, they need to win this and if they win the Navigable Waters Protection Act will be changed and forever take away the protections Canadians have enjoyed for years. The current bureaucrat in charge sees this as his career moment, a feather in his cap by altering the Navigable Waters Protection Act.

Pete:

Rob has built us a strong case. We are lucky he is a paddler and understands the issues but also has a passion for our cause.

Act Three

Scene Four

[The scene opens in the Federal court room. The judge is making his ruling on the case.]

[Image of the Supreme Court building in Ottawa projected]

Voice of Judge: spotlight is on Dias and judge

Judge:

Concluding statement from the Defense

[light comes up]

Lawyer:

…And even if you found that there was no risk to navigation on the Kipawa… this does not mean that the environmental review was improperly done.

Did we listen to their concerns: The government has a room full of correspondence, I have never seen so many letters and email. So yes, we listened to their concerns.

…and if the decision is a bad one, it is not illegal to make a bad decision!

…and if they lose the right to navigate this one rapid, is it really significant? The defense argues, it is not.

We have accommodated their right to navigation by providing a portage trail!

ahhhh….

[slaps his hands and rubs his belly like he just finished a big meal. Light fades and spotlight on the judge]

Judge:

…So in conclusion I find for the defendant and award costs. I wish to compliment the plaintiff counsel for his excellent preparation…

[Judge slams his gavel, Light on judge fades, light comes up on Pete and Doug]

Pete:

Geezus we lost. How on earth could we lose? he had come to this decision based on the facts? We’ll appeal.

[Light on them fades, light comes up on the judge]

Judge:

The appeal court finds for the defense

[gavel slams, spotlight on judge fades, Light on them fades, light comes up on the judge]

Pete:

Geezus we lost again. How on earth could we lose? he had come to this decision based on the facts? We’ll appeal to the supreme court…

[Light on them fades, light comes up on the judge]

Judge:

(yawns)

What’s for lunch?  

[Light fades]

Act Three

Scene Five

[The scene opens in a bar. Rob, Peter and Doug are having a beer and talking about the case. Doug has some surprising news]

Rob:

First they said that navigating the dam was illegal. We proved that it was the dam that was illegal not the navigation of it. Then they said it was unsafe. We proved that whitewater paddlers have been navigating the dam safely for over forty years. Finally they said our running the river was insignificant. So, after everything, that’s the end of it. To say I am depleted is an understatement. Now with the recent Omnibus Bill the Navigable Waters Act was changed - with barely a word of debate. What a shame.

Doug and Pete:

We know you did your best. Let’s drink to the Kipawa! Long may she run!

[They clink glasses and take a good swig]

Pete:

Well not exactly, after all the stress from the case, all the letters, emails, phone calls, meetings,… Susan kicked me out, and now we’ve got the legal bills to pay off otherwise Les Amis goes under.

Looks like more silent auctions and raffles!

All for what, they rebuilt the dam anyway. And those bottom release gates: they are deadly for any boater.

Did you hear, Yvon Morin died, his widow blames us for it, too much stress from the case.

Doug:

Well I just heard that Tabaret is not going forward after all.

Pete and Rob:

Whah?

Doug:

Seems that the Province of Quebec has decided to establish a new National Park on the Kipawa River.

They are calling it Opemican National Park!

Peter:

That’s amazing news.

Doug:

And what do you know, they are putting the Kipawa river on the 20 dollar bill for Canada’s 150th Anniversary.

…and now that they have opened the Opemican Provincial Park in Quebec, they are planning on building new a trail along the south bank of the river just like we always asked for.