A Merry Christmas message to all our friends. By Tom Black

Tom BlackIt is getting close to the holiday season and I would like to take this opportunity to extend a very hearty “Merry Christmas” to all our friends, from all of us at the Ontario Landowners Association.

This has been a very busy year for many landowner chapters, as more and more people have been calling to see if we can give them some information about what rights they have or don’t have. For many of the people who call, it is their first time to question the authority of whatever government agency that may be knocking on their door. For the most part, people in general know when their rights are being trampled. A lawyer once told me, when you get that feeling in your gut, that what is happening to you is wrong, then it probably is. People call us because they don’t know where else to turn. Most have tried to get help from their elected representatives and have got the run around or are just ignored. Their questions are always the same. Can they legally do this to me? With the thousands of acts, laws and bylaws involving all kinds of government agencies, boards, authorities, commissions and even charity associations, all targeting individual property owners using their alleged powers of entry and control, that they believe the government has granted them, it is no wonder that people do not know if they have any rights at all.

The justice system has contributed to the problem, starting with police who don’t recognize their duty to protect the individual not only from criminals, but also from government sanctioned individuals who have been misinformed about their authority. The lawyers hired by property owners often try to make a deal with the authority to lessen the cost of the fine, rather than stand hard on ‘principle’, because that hard stand is life destroying by the stress it causes from dragging it out for years in court and from huge legal costs that rob a family of all its wealth. According to statistics, the result is that many people have been defending themselves in court. This can be successful if the individual is a good debater and gets up to speed on court procedure and the points of law involved in their case. Many people however, are not comfortable in the role and in some cases have had a friend stand in for them in court. This usually brings the Law Society of Ontario into the picture. They have a monopoly, sanctioned by the government that says you cannot practise law unless they endorse you. It seems to be that this is something like the taxi business and maybe we need some ‘Uber’ lawyers to take our cases.

To get back to property rights, just remember, if you own property, then you own a part of the 13% of Ontario that is privately owned because the other 87% of the land is public or crown land. However, virtually all the laws and bylaws have been created to try and control the 13% that is private. The answer folks is to learn what your rights are. Stand together with your fellow landowners because as a group, we have the power to resist this takeover. Close your gates, put up your ‘no trespassing’ or ‘Back off Government’ signs and do not allow people from any agency, government or private on your property without a warrant, unless you are comfortable with them and their agenda.

8 Comments

  1. Tom Jones…The Oak Ridge Morraine, like the Green Belt and the Niagara Escarpment, does not have legislative jurisdiction over private property not belonging to the Queen, the Province, the Municipality or the Conservation Authorities. It is all explained in the Hansard that the intent of the legislators was that the “land” had to be purchased by government and/or those other entities before any zoning/designation can be implemented. There can be no designation without the dedication by the private property owner. I am not a lawyer and am not giving legal advice, but this appears to be an expropriation by government and there needs to be compensation paid.

  2. Bill Adams…there is a report on Tent, Trailer and Camping By-laws. This document explains to our elected officials, and their enforcement teams, that municipalities cannot implement these types of by-laws on private property. The municipalities do not have “jurisdiction” over private property, not belonging to the municipality. I hope this assists you.

  3. A good article.

    We need more “Know Your Rights” type information out there so more people will not get caught up in the Provincial/Municipal” onslaught on property rights happening right here in Ontario right now.

    Hal Macgregor

  4. In 1986, I bought approximately 40 acres of land adjacent to a County Rd & a Provincial Highway with a creek running through it. Over the next six years, my brother & I applied for rezoning & were granted, a restaurant with banquet facilities, a gas bar & convenience store, a 50 unit Countryside Inn, flea market, auction barn & antique shops. When the Oak Ridges Moraine Act was applied, the existing uses became legal non=conforming & the Oak Ridges Moraine Core Area designation applied sterilizing the property with no development potential. It is currently before the OMB?

  5. We just went through that,the township hired an ex cop to snoop around and look to see who had trailers parked on THEIR PROPERTY. If the trailers didn’t comply with their rules you were TOLD to move them or face a fine.

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