HHOLA Meeting August 25th 2015
Meeting called to Order 7:15
Gregg Wilson present
Introduction by Don Johnson, history of Crown Grants as Foundation of Property Rights and recognizing Common Law
Minutes of last meeting read by Gregg Wilson and accepted
Item: Anthony Kaluzny
Anthony Kaluzny gave an update on his case. It was the Town of Grimsby’s position that no Land Use Plan had been given, his counter argument was that his Deed showed the land for his sole and only use.
He sent a letter asking for several things: 1) to sever 1 acre of property, 2) to respect his Crown Grant rights, 3) No Environmental impact study be required for his land.
The Town said no to all of those things. Their position has changed somewhat in correspondence. In 2014 they held the position that the Crown Grant argument was without legal merit. In 2015 correspondence they have said they cannot answer the Crown Grant question.
Tony is waiting for the judge to release the decision. In the decision an important precedent has been set. The judge declared that the District Court is not the proper venue for a Crown Grant claim as it is a Constitutional issue. As such Crown Grant claim cases go to Superior court right away.
Tony commented that as sworn officials who swore an Oath to the Crown, how can they argue against a Crown document?
Item: Peter and Jen Tomas
They have property of about 26 acres. The Deed has an agreement with the CA in order to sever the property. In the agreement the CA is to be consulted for any roads or buildings that are wanted on the property. A map showing the area of CA regulatory authority accompanied the agreement.
The Tomas’ brought in sand to make a sand ring for horses. They kept it out of the mapped area of their agreement. Despite this they have been charged by the CA. The CA has expanded their regulatory authority to cover about 90 percent of their property. They had published the expansion of their area of operations in public newspapers.
The Tomas’ are in District Court in September.
Ray has almost 5 acres of land near Fort Erie. He was charged with a bylaw infraction for derelict vehicles. Bylaw enforcement officers came on the property without a warrant and took pictures of VIN numbers. He is in Superior court on September 18th.
Don Johnson asked the new members of they had received their membership packages and the Landowners magazine. The general answer was no. Don will contact OLA head office and find out what the issue is.
Don thanked Erika Furney for the information she has been sending out in emails to the people on her mailing list.
Don mentioned that the Patrick Brown campaign has sent emails out asking for help in the Simcoe area.
The Peter Micelli case was mentioned and the issues he faced with the City. The comment was made to the crown that fighting for property rights is not for the faint of heart. It is a long hard fight.
Gregg Wilson mentioned three court cases most often raised in Property rights discussions. They are Saker vs Middlesex 2001, Georgian Bluff Township 2012, and Roundtree Beach Association 1994. The point was made that Municipal lawyers do not care about these decisions.
Don mentioned Senator Len Harris and an Australian practice of posting an entry contract for Municipal employees. The sign states that the land is private property under a Crown Grant and if entry is undertaken without permission there is a large fee that is required. If an employee comes onto the land the owner puts a lien against the employee for the money.
Gregg Wilson gave an update that he has been trying to get the Attorney General to give an answer about the court decision of Saker vs Middlesex 2001. He has contacted Jack McLaren’s office to get them to use the MPP legal liaison to try and get an answer. He will update when he finds out anything.
Item: Joan Olech
Joan Olech related a conversation she had with Liz Marshall. Liz Marshall had pointed out that anyone authorized to uphold the law was supposed to be trained in Common Law or they have no standing. This practice seems to have stopped.
Don spoke about the $40 - $60 thousand dolalrs that Tony Kaluzny will need to take his case to Superior court. A discussion of fundraising strategies was had. Bill Van Ravenswaay mentioned the scrap bin and asked for any scrap metal.
Don mentioned his own case that has him unable to harvest timber on his family owned timber land. His own Forester has been warned by CA staff that the forester is not allowed on Don’s property.
Don is going to sue the Ministry of Natural Resources for damages under the Endangered Species Act.
Don announced that the OLA general meeting is September 24th 2015 at the Community Centre in Tyrone Ontario. Senator Len Harris from Australia will be attending.
He also mentioned the International Plowing Match September 22-26. The OLA is having a tent there and information will be given to the public. Gregg Wilson mentioned he was working on a pamphlet and would have them ready before the match. Several people asked for copies of the pamphlet so they could hand them out to neighbours.
Meeting was adjourned at 9:15 p.m. Next meeting was announced for Tuesday September 29th, 2015