A review of issues regarding trail blocked in Edmonton on the North Saskatchewan river.

1. Trail Blockage on North Sask.
River in Riverdale Edmonton
Background Meeting With Counsellor Scott McKeen
Terry Anderson – terrydanderson2@gmail.com
Feb. 26, 2021

2. Purpose of the Meeting
• Problem
• Background
• Trail History
• Fence blockage
• Relevant Maps
• Erosion Issue
• Edmonton & Alberta Riverbank Policy
• Current status with City?
• Next Steps

3. Problem:
• The lower riverbank trail along the North Saskatchewan River has been in
continuous use by First Nations peoples and wildlife for thousands of years.
• The trail is referred to in the current Riverdale ARP as the Capital City Trail.
• The trail provides direct access to the public riverbank, supports recreation use by
hikers and cyclists, provides passage for wildlife, and is a valued component of
the Riverdale landscape.
• A “Top of Bank” trail was a key negotiation item with the developer when the JB
Little Brickyard was developed.
• The Trail was closed some years ago under Bylaw 2202 due to erosion.
• Approx. 7 years ago, the landowner of the single piece that extends to top of
bank erected a chain link fence, thus effectively closing the trail.
• How can this trail re-opened?

4. Value of the Trail
• “Walking focuses not on the
boundary lines of ownership that
break the land into pieces, but on
the paths that function as a kind of
circulatory system connecting the
whole organism. Walking is, in this
way, the antithesis of owning.”
from Wanderlust by Rebecca Solnit

5. Blockage

6. Capital City Park Trail
Erosion Problem
Trail
Blockage
Rejoin Trail

7. 9919 87St (white on map extending to waterline??)
Lands already
purchased by city? When?

8. Validity of claims by landowner that their title
extends to the waterline
• “Extent of Ownership The extent of the Crown’s ownership of the bed
and shore is limited by the line called the bank of the waterbody.
This is a line along the upper limit of the bed and shore. It’s formed by
the normal, continuous action or presence of surface water on the
land, that forms a natural boundary between the Crown owned bed
and shore, and privately owned land.
• the shore is that part of the bed which is exposed when water levels
aren’t at their normal fullest level.”
City of Edmonton - Water Bodies and the Management of Bed and Shores https://www.e

9. • “Alberta legislation simply provides that the crown has title to all
“beds and shores” of permanent and naturally occurring bodies of
water, rivers and streams.
• If land borders a navigable waterway, the crown also reserves “the
public right of landing from, and mooring, boats and vessels so far as
is reasonably necessary.”
• https://www.producer.com/2004/03/public-access-to-waterways-on-private-
property-the-law/

10. The Erosion Problem, is not really a problem
• “No person shall use an Unimproved Trail when conditions are such
that using the Unimproved Trail is reasonably likely to result in
damage to the Parkland. IE an erosion of the Unimproved Trail.” Parks
Bylaw 2202
• However there is access to the trail from the end of the existing paved
riverbank trail going down to and continuing past the fence blockage.
(see map)
• This portion of the blocked, unimproved trail meets Parks
requirements and should be re-opened.

11. How wide should the setback be
for urban development? Gov. Of Alberta, 2012

12. Trail Blockage At the Capital City Trail
Riverdale Feb 12/2020
9917 87 st

13. • Note that Metropolitan Recreation
Zone (A)
• Says” General Purpose
• The purpose of this Zone is to preserve
natural areas and parkland along the
river, creeks, ravines and other
designated areas for active and passive
recreational uses and environment
protection in conformance with Plan
Edmonton and the North Saskatchewan
River Valley Area Redevelopment Plan.

14. Expropriation
• “Municipalities are permitted to take any estate or interest in land
including fee simple and lesser interests, including but not limited to
leases, easements and rights of way.” – Debi Piecowye City of
Edmonton

15. Next Steps???
• Overview of process already engaged with the City and the
Landowner??
• Will the discussion about a North Sask. River National Park and
revision of Ribbon of Green Plan help resolve this issue?
• “acquisition of land to complete the riverside trail is a priority” but
doesn’t feel that it is “the most efficient tool” to get the trail
opened.
• How can you help to re-open the trail?
Terry Anderson 10005 93 St Ph 780 425-5950