Who owns the beach? Boy's death reignites debate over safety at 'The Point'

The tragic drowning death of a 10-year-old boy from Toronto inConstance Bay this weekend has reignited a decades-old debate about who owns the beachfront at The Point and, more importantly, who's responsible for swimmers' safety.

There appear to be as few easy answers today as there were in 1927, when cottagersfirst began to develop the area once owned byFred Baldwin.

"I wish I could avoid this debate at a time like this when we are dealing with this tragedy," said the area's Coun. Eli El-Chantiry.

"But unfortunately it's out there, this is the elephant in the room."

• Ottawa beach where GTA boy drowned has no warning sign or lifeguard

However,it's just this kind of tragedy that resurrectsthis issue.

Since the boy drowned his identity has not yet been released some have called for lifeguards at the beach. Others have wondered why the city didn't replacea sign that used to caution against swimming at The Point, which can be dangerous because of a steep drop-off and swift currents.

But it's impossible to address these questions without delving into the ownership issues of Constance Bay waterfront properties.

When Baldwin's land was subdivided, there were provisions for public access roads to the bay off the Ottawa River 39 to be exact, ranging in width from threeto 20 metres. Land registry records show that many individual properties do not extend down to the waterfront, so it's not clear who owns the shoreline. (One legal mindsuggested it might be Baldwin's descendants.)

But there's one exception:the properties near Sand Point,known colloquially as justThe Point,where the boy drowned on Saturday. The original subdivision document "confirms that all lots fronting on the Ottawa River extend to the shore line," according to the city's legal department. So the residents who live by The Point own the beach.

Confused yet? Ofcourse you are.

Consider the city's official line on the subject: "The question of who owns the beach in Constance Bay is something that has been discussed in the community for some time."

Beach ownership debated 30 years ago

Back in the 1980s, the former Township of West Carleton tried to settle the issue once and for all. Ithired two legal firms, both of whichcame back with the opinion that the shorelines were privately owned. At one point there was an attempt by the township to purchase the land and make some of the waterfront a public beach, but it was opposed by the community.

More recently, a group called "Friends against Privatizing Constance Bay Beach"tried unsuccessfully to make the beach public.

And it's clear that the city has gone back and forth with the community about how to deal with safety issues.

A city report from 2006 suggests the city will improve community facilities at The Point, including "safety measures (identify dangerous areas for swimming)." However, all references to swimming safety measures are conspicuously absent ina similar report from2012.

Today, the city's lawyers are clear about one thing, at least: the municipality does not own the beach at The Point.

And because the beach isn't municipal property, the cityactually can't erect signsor post lifeguards there.

A sign on the beach once cautioned against swimming,paid for by the family of a man who drowned at the same place more than 15 years ago. But it was vandalized and eventually taken down. And because it wasn't city property, there was nowhereto report the missing sign.

"That's the challenge we've been having all these years. And I wish, I wish we could have found a solution under my watch," said an emotional El-Chantiry. "What I'm struggling with is, how can I prevent another incident? On my own, even."

'Everyone wants to use it'

So what can be done?

Those who own waterfront properties could fence their land in, but there's no evidence they want to do that. The waterfront has traditionally been used by the community, and those who live there want that informal practice to continue.

"That beach, everyone wants to use [it]," said FranDawson, whose family has ownedwaterfront property at The Point for 50 years. "A lot of people in Constance Bay don't live on the beach. But we here on the waterfront want them to be able to be able to go down and walk the beach like everybody likes to do."

Mind you, many aren't too crazy about the number of outsiders who come to the beach. They argue not only thatthe beach is relatively small for the number of people who descend on it during a beautiful summer weekend, but that locals know the dangers of The Point, making it a safe community destination. There's also been an ongoing issue with some visitors being rowdy, drinking and littering.

But restricting access to the beach to just community folks seems prettyimpractical. Who would police that? Plus, some visitors would come by boat and party off-shore.

The best suggestion so far, limited as it is, is to erect signs of a more urgent nature than the one there now erected by the community association reminding people that they swim at The Point at their own risk.

El-Chantirywants a sign that says something like "Dangerous undertow, do not swim."

He can get such a warning posted on the access road, which is owned by the city, buthe thinksit's too far from the swimming area. So he has reached out to the community via Facebook to ask if a resident with property close to the sandbar would be willing to host a second sign.

"If Ican achieve that, that would be great."