For the better part of fifty years I have been involved in Real Estate ownership, in Ontario in some form.
I have witnessed the erosion of property rights in this Province, first as minor inconveniences, then as intrusions and now it has become a threat to our very existence. I have wondered how this happened and the lights came on!
We let it happen!
We as Canadians are trusting and caring folks generally . We want everyone to be happy and if we can avoid confrontation by sucking it up we, we do.
Canada and Ontario is not unique in this problem of disappearing property rights. I have met with and talked to people in the US, England, Africa, Australia and New Zealand who are of the same opinion, that is that the concept of ownership means that we have the right to pay taxes and that is about it.
This wasn’t in the brochure!!
Property ownership, historically, has been the foundation that we built our nation on! To own land was the dream embraced by the majority through out the history of man. To own land represented true freedom.
The promise of land is what motivated people to come to this country. It is how we as a nation grew to what we are.
The British, came here and basically, conquered this land through osmosis. They found the Aboriginals willing to share their home with these new found friends and bought into their promise of a better life and vast improvements to their society. Fact of the matter is that they got suckered and gave in to the demands and twisted motives, through Treaties that would inevitably, force them to surrender their ownership to the Crown. The Natives say, when the British came, they brought the Bible, now we have the bible, they have the land.
Once the Crown achieved presumed ownership, they needed willing slaves to develop and plunder the vast resources in this new found land. So they offered free land, provided you came and worked the land. What a great idea. It worked!
The Crown, created Letters Patent as a means to show ownership as it pertains to property, but also for the creation of Corporations amongst other things.
The Letters Patents for land, generally, granted all rights to the land, to the Patent Holder, their heirs, assigns and successors in title forever, with what ever reserves the Crown kept, such as mineral, timber or water rights etc.. In doing so the Crown gave up all rights to the land subject to the reveres stated.
People came from far and wide so that they could enjoy the benefits of ownership, something far beyond their reach in their country of origin. An opportunity to own land and build a dream.
The dream is now becoming a nightmare!
The seeds of this nightmare came quickly. Government grew faster than the population. At the time of writing this article 80% of the revenue raised by taxation in the Province of Ontario is dedicated to supporting the Civil Service. This is not sustainable!
The population of this Province, in order to make a living, takes everything you have to give and then some.
The more need created, requires more Civil Servants to service the need. The more the need expands, the more growth is required to service the need. The result is that the government must generate more revenue in order to provide services for the need created by them to ensure their existence. If you work for the government you have only one purpose… to prove that it takes two people to do your job as then you become a supervisor.
Land is wealth! Without land there is no food. Without land there is no mining, forests or minerals no growth.
It all started out innocently in basic terms. Government was formed on a municipal level to assist in the creation of an environment conducive to promote the development of an economy so that the movement of goods and services could propagate. This movement was cast by the property owners.
The property owners, in order to maximize growth and development needed an organized market, a labour force, which needed housing , transportation, education and medical services.
The farm house kitchen tables were the meeting place which sparked the creation of Municipalities. Markets were created on donated land to the enterprise and hospitals schools and churches soon followed.
Town halls were created right after the Churches and schools. The towns were run by volunteers, usually the wives and sons and daughters of the land owners meeting in kitchens graduated to church halls and then community buildings.
The churches looked after the poor and the moral values of the community.
As time progressed the municipalities wanted to expand their markets and create trade with other communities which increased the demand for better transportation and communications along with standardization, which led to county, and provincial organizations governed by a body that would oversee and govern all. Every thing was governed by British Common Law as directed by the Crown.
Historically the jurisdiction of the Municipalities hasn’t changed since the very beginning of the Municipal Acts in the Province of Quebec, Upper Canada, Quebec or Ontario. It was always understood that the Municipalities could not plan for something that it didn’t own. This goes back to the Magna Carta as early as 1215.
A municipality in England was considered “community owned”. A manor village was patented by the Crown with a fixed term of years, it was then considered community housing.
Because of the manner in which Canada was settled, there was no ownership by the community unless the community purchased or acquired land by donation. Once the land was acquired by the community, it was zoned or designated. Prior to that there could be no designation without a dedication in the deed or patent as prescribed by the Crown.
The designation was in fact listed on the deed, grant or patent registered on the title of the property. Fact of the matter is like any form of government, municipalities cannot do indirectly what they cannot do directly.
We have to understand that Municipalities and the Provinces are merely Corporations owned by the shareholders (citizens), run by a Board of Directors (Councils) that are elected by the shareholders. The Municipalities were not created by the Province. They were created by the Crown by way of Letters Patent.
Today, we are faced with more and more restrictions imposed by a government or government body, turning those restrictions into cash flow for them. Permit fees, licence fees, property taxes, inspection fees, application fees, processing fees, not to forget fines, application fees, land use fees, sign permit fees, encroachment fees and the list goes on. This is not going to stop until we stop it!
With ownership comes the responsibility to protect what you have. If you don’t protect your property rights, they have no value. If those rights had value you would protect them. Fact of the mater is that property ownership is fast becoming a liability because of the erosion of our rights. Our complacency has resulted in the creation of “land the liability”.
As our rights diminish, the value of the land declines, assuming there is value. The future dims and the potential dies.
As long as we as a people, insist on ignoring the history of our Common Law and demand more laws to control our neighbors without challenge or review, we will see the elimination of private property ownership as defined by Common Law. Remember if a law or by-law is created to control something it is also controlling you!
British Common Law is the very root of our society. We must fully understand that unless property is owned by the Crown in right of Canada, the Crown in right of Ontario, public lands owned by the Federal, Provincial (commissions and agencies etc.) and Municipal corporations (local boards), or property where the actual property owners have knowingly (without demand for permission/license, trickery, or duress) has entered into an agreement with said corporations, there is no regulatory authority without full compensation. We have to know that not even those elected or their staff have any right to violate the Constitution or the Criminal Code of Canada.
The fact that we allow our governments to create regulations that never see the light of the legislature, there will be laws that counter existing laws. The people creating the regulations, in the majority of the cases, are using templates that nobody reads or researches before they make the regulation. Our Elected representatives even on a local level, are plagued with mountains of paper each week, two days before the meetings. They cannot possibly read all the material, let alone research it, before they vote on it.
Our elections are popularity contests that anyone can run regardless of their knowledge base. They may win the election by catering to one special interest group or another to gain power. If you have enough money you can buy what ever you need to influence the outcome of any election.
Our Municipal governments are the means to effect change. We have to educate them as to what their job really is, as their direction has been manipulated by the Province to that of a puppet through our complacency.
If we let the civil service continue creating laws by way of regulation, we are surrendering by acquiescence and our grand children will pay the price.
THIS IS OUR LAND! NOT THEIRS! WE MUST TAKE CONTROL AND TAKE IT BACK, ON NO UNCERTAIN TERMS!
Educate yourself and stand up for your property rights. They are your property rights! Granted by Patent of the Crown forever. This is our land.
We have to start on the Municipal level. The grass roots and then work up.
It has been found that the law schools of this country have not been instructing lawyers in historical law, the law of equity or the common law.
To quote Laura Legge, a prominent lawyer and past treasurer of the Law Society of Upper Canada:
“And, in my opinion, having been a lawyer for fifty-six years, if you don’t understand the law of equity, as well as the common law, how in the world can you be a lawyer in our legal system?”
That tells a story!