The appellant municipality appealed the dismissal of its application for judicial review of a ministerial order prohibiting public access to certain Crown lands adjacent to Bala Falls for safety reasons.
It argued that the site was subject to a protected portage under s. 65(4) of the Public Lands Act and that s. 3 required the frontage to be set aside for recreational and access purposes.
The court held that s. 28 of the Public Lands Act is not subject to ss. 3 or 65(4), and that the minister's decision to restrict access was reasonable given the public safety concerns.
The court also held that the common law right of navigation does not include a right to portage over another's land.
The appeal was dismissed with costs to each respondent.
