In the England and Wales the canoeist does not have an automatic right to launch on to any river. The legal situation is different from all other countries in the world, where canoeists are generally able to paddle large and small non-tidal rivers without seeking permission, as the beds of these rivers are not privately owned and not vested in riparian owners.
The Government commissioned report "Water-Based Sport and Recreation – the facts" published in December 2001 established -
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There are 4,540 kilometres of canal and rivers with navigation rights.
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There are in excess of 65,000 kilometres of rivers with NO ACCESS
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Successive governments have encouraged canoeist to seek to negotiate access
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agreements. These have only achieved 812 kilometres of highly restricted access.
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Canoeing is a clean physical activity enjoyed by over two million people each year
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causing no damage and minimal disturbance.
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Canoeing is also a sport, which delivers Olympic and international medals.
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Canoeing is a sport and recreational activity for all regardless of age or ability
Trespass (under civil law)
If you are canoeing privately owned water without permission, then you might be trespassing. Simple trespass is a civil offence, not a criminal offence. Damages can be awarded against the trespasser (i.e. a fine), or an injunction can be issued to prevent repetition of trespass or to restrain threatened trespass. It is not a police matter unless a criminal offence is committed; this would only be if wilful or malicious damage was done, there was a conspiracy to commit trespass, there was behaviour likely to cause a breach of the peace or it was a case of aggravated trespass.
If you are challenged whilst paddling, please be courteous and polite whatever the situation. Avoid anything that could be interpreted as a breach of the peace or conspiracy to trespass (i.e. criminal offences). If you are challenged by an authorised official you could be obliged to give your name and address, If you are accused of trespass and genuinely believe you are exercising a public right of navigation or are paddling within the terms of an access agreement, you should say so and refuse to admit trespass. There is no case if you can prove that you are within your rights or have permission. Where you have a legal right the law requires you to exercise the right reasonably with due consideration for others.
Aggravated Trespass (under criminal Law)
The Criminal Justice Act 1994 introduced the new criminal offence of aggravated trespass. This should not be confused with ordinary trespass, which is a civil offence. To commit aggravated trespass you must first be trespassing; whilst trespassing you must also have the intention of obstructing or disrupting a lawful activity (such as hunting, shooting or fishing) or intimidating those engaged in such lawful activities Canoeists should not fall foul of this new law if they canoe in a peaceful and considerate manner. We have no indication as to how the Police the Crown Prosecution Service and the Courts will interpret the act where paddlers in pursuit of their sport, a lawful activity, might be involved.