Perhaps some of the railway enthusiasts out there could help me fill in some of the blanks in my summary below.
MOOSE has from the beginning stated that creating their rail network was the easy part because they would be using existing rail lines and they would have the right to use those lines under the Constitution Act. However, as I look at the various components of the proposed network I see several issues that would preclude that from happening.
Bristol leg:
The track has been abandoned and the rail lines removed. It no longer forms part of the overall federal rail network and is not covered under the Constitution Act. The current landowners have no obligation to grant a right of way to anyone.
http://www.capitalgems.ca/morris-island-railway-bridge-ruin.html
My conclusion: NOT VIABLE
LaPeche leg:
The track was legally abandoned and no longer forms part of the federal railway network. MOOSE's attempt to have this status rescinded or reversed has been dismissed by the CTA. The tracks have been removed.
The current landowners have no obligation to grant any right of way under the Constitution Act and have other plans for this corridor.
This also prevents the use of Morrison's Quarry as a rail yard.
https://sentierschelseatrails.org/2017/08/04/two-big-steps-for-chelsea-community-trail/
https://otc-cta.gc.ca/eng/ruling/95-r-2017
My conclusion: NOT VIABLE
Montebello leg:
At least part of this leg is under the control of the STO and is used for their Rapibus corridor. The bridge over the Gatineau River has tracks but is used by buses and I don't believe STO would allow for a train to utilize that bridge at the same time as buses. A decision by CTA in 2012 dismissed MOOSE's complaint and concluded that the the rail corridor does not fall under federal jurisdiction. Consequently the Constitution Act does not apply and there is no obligation to grant a right of way.
I don't know what the state of the rail beyond the Rapibus portion is.
https://otc-cta.gc.ca/eng/ruling/82-r-2012
My conclusion: NOT VIABLE
O-Train, Trillium Line, POW Bridge:
This portion of the network does fall under federal jurisdiction. However, the Certificate of Fitness for the City of Ottawa indicates that it will be used for light rail.
Capacity issues: Currently the line is maxed out with trains every 12 minutes in both directions (10 trains/hour). MOOSE would like to add an additional 8 trains I believe, 2 per hour in each directin over two lines. There is insufficient capacity for this. The Constitution Act may grant a right of way but nothing states it has to be done at the expense of exisiting use of the line. The City could allow the transit of MOOSE trains but at off peak hours which would be rather pointless for MOOSE. Even if the two entities shared equally it would only allow for half of the proposed MOOSE trains to transit through that portion.
Compatibility: The Trillium line is being run as light rail (as per Certificate of Fitness linked below) but still has a legacy as heavy rail. I don't know if the O-Train and MOOSE are compatible with one another in regards to station design, etc. Definitely the long term plan to electrify the line (which is necessary to expand further to the South after Phase 2) is not compatible with a double decker heavy rail car.
https://otc-cta.gc.ca/eng/ruling/745-r-2000
My conclusion: POSSIBLE BUT UNLIKELY
Arnprior leg:
* Apparently this leg is still being used on a limited basis. I don't know enough about this leg to comment otherwise.
My conclusion: POSSIBLE
Smith Falls leg:
Under federal jurisdiction and so the Constitution Act would apply.
Capacity issues: I understand that much of this line is single track and it is a busy corridor. In fact, VIA's plans for High Frequency Rail (HFR) on this corridor would require an expansion of the tracks. So, while MOOSE may be granted a right of way, there could be challenges fitting the amount of trains in that they wish and at the times they desire.
Note VIA's comments about "The Challenge" in the article below. Adding MOOSE would only compound the issue.
http://www.viarail.ca/en/about-via-rail/governance-and-reports/dedicated-tracks
My conclusion: POSSIBLE BUT WITH ISSUES.
Alexandria leg:
Pretty much the same as the Smith Falls leg.
I would welcome additional inputs into this summary as to the actual rail lines and the potential for use by MOOSE.
* - denotes an edit to add information provided in subsequent postings.
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For those who keep giving reasons how this 'could' happen, I use the term "VIABLE" as per the definition below, it does not mean it is 'impossible'.
vi·a·ble
ˈvīəb(ə)l/
adjective
adjective: viable
capable of working successfully; feasible.
"the proposed investment was economically viable"