Constitutional Challenge on Private Property Rights by Joan Olech

Published February 1, 2020

We are continuing to work on the putting the case material in order for the lawyer and with any luck, will be meeting with the lawyer in January.  Our job to date has been to educate the lawyer about all things grant related and prove our position each time he questions our research.  I personally think we are very close to filing our case in the court.

Our website,www.patentresearch.ca, is a good starting place for information on what we are about.  Some HHLA members also put up a website, www.ontarioprivateproperty.ca, and it adds to the information on the primary site.  We have a well-established Facebook group, now numbering almost 300 members, called Constitutional Challenge on Private Property Rights and we welcome everyone to look and learn or join and contribute.  

The basis for our Challenge is our Letters Patent in the form of Crown Land Grants.  We are primarily focused on the pre-Confederation grants because they are the earliest grants and will become foundational for all other granted lands.  In Ontario in particular, almost all the patented land was done prior to Confederation and we know that our Grants are “matters of record”, and as such cannot be ignored, disputed or annulled.  But in order to prove this, we have to get into a court of competent jurisdiction, being Superior court or higher, and put the AG for the Province and the AG for the Dominion on notice that we are proceeding with a constitutional challenge based on the rights given and granted by the various Sovereigns of the Crown in the form of contracts, with a contractual duration of forever.  We know that the rights given and granted “run with the land”, so regardless of who owns all or part of the land, the rights remain until the grantee chooses to give up some or all those rights.  

We have so much case law accumulated and we will be presenting all of it, and it is our belief that, properly presented, the courts will have no option other than to rule in our favour, because to do otherwise would be to place the Court above the current Sovereign, Queen Elizabeth II and that can never happen as she is the Head of State.  All court officers, judges etc. have sworn an oath to uphold the Monarchy.  

And even though our grants were penned by previous monarchs, they read, for instance, King George IV, heirs and successors, meaning if King George IV granted something, it is as if Queen Elizabeth II granted it…that is the succession in the Monarchy.

Our only stumbling block at this point is getting funded…I think we have contributions banked in the vicinity of 30k…we think we need at least 50k banked before we file, and will need to double that by the time we get into the courts, but that will likely be some 6 months after filing.  

So, we will be actively fundraising over the coming months in hopes of meeting our minimum requirements and at the same time we will be continuing to research all things grant related.

And keep the faith…our day in court is almost here!

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