Attached is the Judgement from the Supreme Court of Canada March 7th 2024 on Upper Canada Land Titles and Patent Research Initiative v. Regional Municipality of Niagara (a.k.a Niagara Region), SCC 40865. Leave to appeal was not Granted.
I would like to thank all persons and groups that supported this action, for their contributions, prayers and kind words of support. As I have mentioned before, nothing has really been resolved in this matter. There are 5 statutes that support our action that the courts have not addressed and can be used in defence of any fines or charges imposed upon a property owner. I have attached our application that summarizes the position presented to the court and how it was explained to the court. Also below I have captured the 5 statutes so that they may be reviewed by anyone that is interested.
My sincere appreciation to Joan Olech and Erika Furney, both have worked with me on this action for over 10 years. I would not have been able to get to this end or any end without their support and endless hours of research and discussion and kind humour towards this action.
Thank you all for your support and faith in this challenge. In conversation with Joan Olech, we will be submitting a complaint to the Governor General of Canada and to His Majesty King Charles, Buckingham Place that the courts have refused to acknowledge the will and intent of his predecessors.
Public Lands Act, R.S.O. 1990, c. P.43
Revoked/spent regulations under this Act
|
current |
February 22, 2024 – (e-Laws currency date) |
|
|
|
|
|
|
|
|
Property in trees vested in patentee
58 (1) Where land is disposed of under this Act for agricultural purposes, the property in all trees thereon shall be deemed to have passed to the patentee by the letters patent, and every reservation of any class or kind of tree contained in the letters patent shall be deemed to be void. R.S.O. 1990, c. P.43, s. 58 (1).
Legislation Act, 2006, S.O. 2006, c. 21, Sched. F
|
current |
June 1, 2021 – (e-Laws currency date) |
|
|
|
|
|
|
|
|
Crown not bound, exception
71 No Act or regulation binds Her Majesty or affects Her Majesty’s rights or prerogatives unless it expressly states an intention to do so. 2006, c. 21, Sched. F, s. 71.
Succession
72 (1) A change of reigning sovereign does not affect anything done or begun under the previous reigning sovereign, and all matters continue as if no succession had occurred. 2019, c. 14, Sched. 4, s. 1.
Evidence Act, R.S.O. 1990, c. E.23
|
current |
September 1, 2021 – (e-Laws currency date) |
|
|
|
|
|
|
|
|
Letters patent
24 Letters patent under the Great Seal of the United Kingdom, or of any other of Her Majesty’s dominions, may be proved by the production of an exemplification thereof, or of the enrolment thereof, under the Great Seal under which such letters patent were issued, and such exemplification has the like force and effect for all purposes as the letters patent thereby exemplified or enrolled, as well against Her Majesty as against all other persons whomsoever. R.S.O. 1990, c. E.23, s. 24.
Property and Civil Rights Act, R.S.O. 1990, c. P.29
|
current |
December 31, 1990 – (e-Laws currency date) |
Property and Civil Rights Act
R.S.O. 1990, CHAPTER P.29
Consolidation Period: From December 31, 1990 to the e-Laws currency date.
No amendments.
Rule of decision
- In all matters of controversy relative to property and civil rights, resort shall be had to the laws of England as they stood on the 15th day of October, 1792, as the rule for the decision of the same, and all matters relative to testimony and legal proof in the investigation of fact and the forms thereof in the courts of Ontario shall be regulated by the rules of evidence established in England, as they existed on that day, except so far as such laws and rules have been since repealed, altered, varied, modified or affected by any Act of the Imperial Parliament, still having the force of law in Ontario, or by any Act of the late Province of Upper Canada, or of the Province of Canada, or of the Province of Ontario, still having the force of law in Ontario. R.S.O. 1990, c. P.29, s. 1.
Letters Patent Act 1571
1571 CHAPTER 6 13 Eliz 1
AN ACTE that the Constathes and Exemplifications of Letters Patentes shalbe as good and avayleable as the Letters Patentes themselves.
Modifications etc. (not altering text)
C1Short title “The Letters Patent Act 1571” given by Statute Law Revision Act 1948 (c. 62), Sch. 2
C2Preamble omitted under authority of Statute Law Revision Act 1948 (c. 62)
C3Words of enactment repealed by Statute Law Revision Act 1948 (c. 62)
Persons claiming Lands, &c. under Letters Patent from the Crown, may make Title by Exemplification or Constat of the Inrolment of the Patent, if the same is then remaining in force, &c.
all and everye Patentee and Patentees, theyr Heyres Successors Executors and Assignes, and all and everie other person and persons havyng, by or from them or any of them or under theyr Title, any Estate or Interest of in or to any Lands Tenements or Heredytaments or any other Thynge whatsoever, to suche Patentee or Patentees heretofore graunted by any Letters Patentes, either of the moste famos Prynces Kyng Henry Theight, Kynge Edward the Syxt, Queene Mary, Kyng Phillip and Queene Marye, or by any of them, or by the Queenes most excellent Majesty that nowe is, at any tyme sythence the Fourth Day of February in the xxvij yere of the Raigne of our said late Kynge Henry the Eight, or els by the Queenes Majesty that nowe is, her Heyres or Successors, at any tyme hereafter to be graunted, shall and maye at all tymes hereafter, in any of the Queenes Hyghnesse Courtes, her Heryes or Successours, and elswhere by thaucthoritie of this present Acte, make and convey and be alowed and suffered to make and convey, to and for hym them and every of themselves, such Claim or Title by way of Declaration Playnt Avowrye Barr Replication or other Pleadinge whatsoever, aswell agaynste the Queenes Hyghnesse, her Heyres & Successours and every of them, as agaynst all and every other person and persons whatsoever, for or concerning the Landes Tenements Hereditamentes or other Thinges whatsoever specified or contayned in any suche Letters Patentes, or of for or concerninge any parte or parcell thereof, by shewinge foorth an Exemplification or Constat, under the Greate Seale of England, of the Inrolment of the same lettres Patentes, or of so muche thereof as shall and may serve to or for suche Title Clayme or Matter; the same lettres Patentes then being and remayninge in force, not lawfully surrendred nor canceled, for or concerninge so muche and suche parte and parcell of suche Landes Tenements Hereditamentes or other Thynge whereunto suche Tytle or Clayme shalbe made, as yf the same Letters Patentes selfe weare pleaded and shewed forthe; Any Lawe Usuage or other Thinge whatsoever to the contrary notwithstandinge.
To whom it may concern,
Please find attached a copy of the judgment of the Supreme Court of Canada in the above mentioned proceeding.
Should you have any questions, please contact the Registry Branch at 1‑844-365-9662 or at registry-greffe@scc-csc.ca.
Thank you.
—————
À qui de droit,
Vous trouverez ci-joint une copie du jugement de la Cour suprême du Canada dans l’affaire mentionnée en rubrique.
Si vous avez des questions, n’hésitez pas à communiquer avec la Direction générale du greffe ou 1-844-365-9662 ou par courriel à registry-greffe@scc-csc.ca.
Merci.
Registry-Greffe
Registry Branch | Direction générale du greffe
Supreme Court of Canada | Cour suprême du Canada
301 Wellington Street | 301, rue Wellington
Ottawa, Ontario K1A 0J1
Registry-Greffe@SCC-CSC.CA
Tel. | Tél.: 613-996-8666 / 1-844-365-9662 / Fax | Téléc.: 613-996-9138