dahotboy

So then do you think that it would be best to fish the club stretch, or south of it? What about going further north of the park above it?

Are you intending to call the MNR and ask them about the fishing club and their ownership?

http://maps.google.c...009613&t=h&z=17

this place south of the club looks good!

Where is Oshawa Creek by the way?

I agree, you would not be able to navigate those obstacales! I am also sure that they, as a club, would not overlook the ownership of the creek bed before opening a club there.

I mainly bring this up though because fishing north of the club, I doubt that owners have the bed rights.

It does make you think though that if any other situation, elsewhere, were to occur like this wheather the person claiming a right would be legit.

Also, I like the statement of how the rich hoard while the poor share!

http://www.mnr.gov.o...MNR_E000115.pdf

Here is info that basically says if waters are accessible from one point of public property, and another, it will be deemed navigable. An express grant would likely not be given unless there is no posibility of public interest or use, even if they have an express grant that only means the river bed is theirs but that they cant stop you from using the water above it.
"Where it has been established that no express grant has occurred, it is necessary to determine if the
watercourse is navigable. If the watercourse is navigable, the bed of the watercourse is Crown land
by virtue of the Beds of Navigable Waters Act. The bed of the watercourse will also be Crown land
if by virtue of the original Crown grant, the bed of the navigable watercourse has been reserved or
excepted to the Crown.
Note: Whether the bed of a watercourse is private land or Crown land, the navigability of the
watercourse is unaffected. The right of navigation (refer to PL 2.09.02 Navigation – A Public Right)
is protected under the Navigable Waters Protection Act, as administered by the federal government."

http://www.greybruce...blewaters.shtml

Section 18(2) of the Fish and Game Act (Ontario) prohibits unauthorized persons from giving notice prohibiting activity on Crown land. If you own property abutting a navigable waterway and you do not allow people to use the waterway for fishing and/or hunting, you are contravening section 18(2) of the Fish and Game Act (Ontario) and may be liable to have a penalty imposed.

This info is good to have in case you are any place that a land owner tries to say he owns the river you are fishing

My understanding is that very very few people actually own river bed rights, and that any navigable(?) river,stream, or creek is usually considered crown property. That people may wade and use up to 2 feet on either side of such waterway. I have even been told this by MNR officers when I found a pond that was bordered by a road, the land owner put up signs and would confront people fishing it. Turns out that as long as you can gain access to it via public property, you are golden.
I have encountered the same sort of issue with hunting and road allowances. A person may own land with a road allowance going through his field and wood lot, we are legally allowed to travel along that land as it is still techincally crown owned in case they wish to build a road.
Also, hydro transmision lines are on crown property and you may walk them while hunting, or hunt them even though they may run through peoples property,within a set distance of the base, still crown owned land at the end of the day.
Often land owners only have surface rights, not rights to any mineral deposits, or even the pine trees that are often found on their property. Gov. licences and fees are required to harvest trees or claim rights to below ground resources.People just dont know what the actually own.
Just a few interesting thoughts, you would be surprised at how strange some of the rules are.

I am in no way attempting to ruin peoples day out, and would likely not even fish their private club, I just am interested to find out the legality of the situation.