"Dons Thoughts !
Municipal politicians need to get an education in authority and passing of bylaws.
No where in the Ontario municipal act does it say they have authority over private lands. The expropriation act is very clear -where an authority which has the right to expropriate removes or restricts a property owner right to use his land or uses the property owners assets to its own benefit, eg a municipal private property tree cutting bylaw to intensify urban tree canopy, they are required to pay compensation to the harmed property owner.
Check your property deed. If it says you own your property "fee simple and subject to reservations in your crown grant" : the crown grant referred to is that which was issued to the original settler/individual/ corporation transferring the authority of the crown to private property ownership. It almost always say's you own and have authority over all the trees, underwood’s, water and everything else on the property less a few minerals reserved for the crown.
Section 9 of the Constitution Act of Canada says the Crown is the highest authority in the land, and, section 109 of the Constitution Act of Canada says the Province of Ontario never acquired any authority where there is an “interest or trust for other than the province issued prior to 1867”! Your property crown grant, registered as a land patent prior to 1867 is such an instrument. In the Province of Ontario these are almost all usually issued by King George 3rd or 4th, or Queen Victoria. In the Eastern provinces these grants go back even further in many cases.
So the key question one must ask is, “under what authority or right does a local politician have to interfere with your constitutionally recognized rights? Moreover, “under what guise of power does the province ignore your right to use your land without interference”?
Happy birthday Canada , 145 yrs of freedom - oh wait a minute! - some where after our 100th birthday, Canada based on 800 years of English common , law died and a socialistic/communist goblin took over removing individual rights and freedoms our ancestors fought and died for, and, our legislatures have decided they have the absolute authority , indeed the absolute right, to nullify our guaranteed constitutional rights! The governmental has decreed it has the power to ignore our constitutional rights by simply invoking a “not withstanding” legislation which subordinates our individual rights to the authority of the state. Our rights become unalienable ( subject to what the government decides they are), not inalienable ( guaranteed and not subject to governmental override ) that our Constitution is suppose to protect. !
If history has taught us anything, it is that we the citizens must always stand up to authority, no matter how well intentioned a leaders reasons are. If a leaders actions violate the constitution and are not within the authority to rule that the Constitution Act of Canada has provided, we must stand up and hold them accountable or we relinquish our authority for evermore.
“Notwithstanding” is the paved road to the demise of the Canada our forefathers gave us ! It changes the destiny of our nation from one which cherishes and protects our individual rights and freedoms, to a new destination of power elites, dictatorships and the demise of citizen rights and freedoms.
When it comes to our municipalities, they are under the authority of the Province. If the Province does not have authority then the Province can not delegate authority to a municipality to do what the Province lacks the authority to do.
When we see by-laws, legislation and Acts of Parliament being passed the first question we should ask of our leaders is “ please identify where you get the authority to enact “what ever the action is” you are enacting! Ask for the specific part of whatever general source they quote as their authority , then it is our duty as citizens , that we ensure they do not overstep their authority at the expense of our individual rights and freedoms !
Don Johnson
President Hamilton Halton Landowner Association [ Facebook ]
These are the personal views and comments of the writer." 21 June 2022
