Facts Are Facts or Is Fiction Reality!


 

Bruce the Blight!!

Bruce the Blight!!

 

The fact of the matter is in the Province of Ontario, a Municipality is now a Creature of the Province! This has not always been the case!

In the beginning, there was to be only one supreme legislator that being the Government of Canada, the Province and the municipalities were to govern what was within their areas, under the supreme legislator. BNA preamble Section 109.

The provinces were to rule by charter every thing it owned as was municipalities. That is to say that direct ownership of a piece of property was governed by the owner of same. There was no jurisdictional control over any thing that was not owned by the Corporation be it the town or the province.

The province and the town are Corporations owned by the shareholders (TAXPAYERS), the corporations are operated by an elected board of Directors, (members of Parliament and town Councils). The Directors appoint management, the Civil Servants, to operate the corporation in the best interests of the shareholders (taxpayers) under the direction of the Board of Directors IN THE BEST INTEREST OF THE SHAREHOLDERS!

As time passed and government grew and taxes grew faster than revenue, we as a people lost tract of what government was and was supposed to be.

How many times have you heard “There should be a law!” Well I got news for you, there now laws countering and conflicting each other. You cannot pass a law that does not affect you!

The Province, in its wisdom, moved to amalgamate towns in the late 90’s. They issued the newly created municipalities with new Provincial corporations, thus extinguishing the historic Royal Charters, and putting the new municipalities totally under Provincial Control.

Could someone tell me how this act was in the best interest of the shareholders of the town?

This gave the province control over any and all transfer payments from the Feds amongst other things. Those transfer payments were to be to the benefit of the shareholders, not to the benefit of the Province.

Suffice to say that if the Province wants to implement something that the municipalities don’t particularly like, the province withholds transfer payments until such time as the Municipality agrees. Sounds to me like legal extortion.

The Supreme Legislator in Canada is the Federal Government, this has not changed! However, if the Province over steps its authority it is law, until someone opposes it. Then and only then will it be challenged. The only force you have to effect a challenge  and subsequent change is the Supreme Court of Canada! Price of admission — About a Million dollars.

The Province downloads liability to the Municipality by way of regulations passed. Regulations are generated by bureaucrats that flavour anything they need or want to justify their positions and gives them more control. The regulations have never seen the light of the legislators. So our elected representatives have absolutely no say on any of the regulations passed. Sounds to me like the tail wagging the dog!

We as Canadians do have a Charter of Rights and Freedoms (Constitution Act) Article 15 (2) states we are all equal in Law. However, in the Town of South Bruce Peninsula, which encompasses Wiarton, Hope Bay, Red Bay, Sauble Beach, Hepworth and Allenford, there are two very different laws pertaining to property Rights. If you are in   have Commercial property and want to put up a sign advertising your business, you must first get permission from the Ministry of transportation whose regulation dictate size colour, location, font and message, then you must get a permit from the Town after you manage to get approval from the MTO.The same rules apply in Hepworth. If in fact you want to build a house or a business, you must have the approval of the MTO and a Building Permit from the MTO and then and only then may you apply to the Town for a building permit, without the MTO Permit the municipal permit is worthless.

If however you have a business in Wiarton, you do not require an MTO permit for anything 300 meters north of Elm Street and 300 meters south of County 13. This is funny as all are in the Town of South Bruce Peninsula but refered to as Wiarton.

Now if the Town issues a Building Permit to you in the said communities and you do not have a Permit from the MTO, the MTO will order the town to issue a Stop Work Order until you have a Permit from MTO. This in law makes obtaining a building Permit from MTO a condition precedent to obtaining a Town Building Permit. The Town cannot take your money without advising you in writing that an MTO permit is required before your Town Permit is valid. For the town to issue a permit without advising you of the MTO requirement is simply fraud!

The Municipality is obligated, since it is a creature of the Province, to follow Provincial Policy. Simply put, every bylaw, building permit etc must adhere to the Provincial Policy or the municipality will face repercussion by the Province.

The MTO has by way of regulation declared jurisdiction over all land within 400 meters on each side of the highway which has never been within or owned by the Province. Since the Province never owned it it is not Within as defined by the BNA of 1867 or the Union Act of 1851.The Province has never expropriated the land but yet controls all rights of utility by way of regulation contrary to the provisions of the BNA and the Expropriation Act.

The Municipality is paying high-five figure salaries to Department heads that are to know and understand the legislation that they are to enforce. If the CBO issues a building permit without an MTO permit in place, the Town is responsible for the error and any damages caused.

If in fact there is a Crown Patent in place with respect to the land involved, and that Patent has no restriction on it, the owner of that land is not required to follow any of the regulation imposed. When the Crown sold the Patented Land the only laws that apply are the Laws that were in place on the date of issue. You cannot sell something twice!

The Crown issued Land Patents for years after confederation. For the most part the Province ignores Patents out of choice until such time as the Supreme Court rules against them. So it is common practice for the Province to challenge everything and settle prior to a Ruling by the Supreme Court. Commonly referred to as motioning you into bankruptcy.

If our elected representatives hire an unqualified person to run a department and that unqualified person makes a mistake the town is responsible. We have errors and omissions insurance in place for just that reason.

In the alternative if a CAO of the Town conspires to implement harm to someone using or ignoring legislation to their own gain the town is liable for those actions and the CAO is liable to the town’s damages thereto.

If someone is wronged and litigates for damages we should not chastise that person we should condemn the players involved and make right the wrong done! Anything else is just wrong!

BAAAAAAAAAAAAA

Bruce

 

 

 

 

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Mr. Speaker a Point of Order!


A recent comment on this blog from Ralph Boston, attacking Jim Turner, had a few statements in it that were definitely libelous and from my own experiences with Jimmy were untrue and definitely defamatory.

I posted the comment simply because I believe in letting people speak their mind and let the chips fall where they fall, but I do have limits.

I have to protect myself and the owners of this blog, from batshit crazy people who have lost sight of the purpose and intent of this blog and post criminally libelous comments.

I never intended this blog to be anything more than a POLITICAL commentary, a bitchfest about what bad government and the simple serpents do to us. It is a way to get information, both facts and opinions, ON POLITICS to the people, sometimes in words that newspapers won’t allow, and have a little fun doing it. I respect the anonymity of people who post here and expect others to do the same.

 Ralph Boston, your vicious and obscene personal attacks will not in the future, be posted as written and sometimes not at all.  There was no way to edit your latest comment to make it acceptable, I posted it with reluctence. If you want to get even with someone, have the guts to go kick his ass after looking him in the eye. Don’t use me!

 I checked out every post and comment from my friend the Martian and except for when he gives his opinion, every fact is in the public domain. It’s all in newspapers, council recordings, the Walkerton Courthouse or on Google for anyone who looks, including your twitter info.

 I asked the Martian (Not to be confused with Jim Turner) what he thought about your post and he said “It is what it is” and reminded me not to argue with stupid people since you can’t win because they’ve had more practice being stupid.

BAAAAAAAAAAAAAAAA

Bruce

A Martian Comeback!


The question was: “how can people be virtually kept in the dark about something that affects their lives their pocketbooks and even more important their vote?”

Not one person who cares enough to comment!

Not one person pissed off at press indifference.

Not one “how do we find out more?”

Not one suggestion as to what we do about it!

 

The answer, as they say, is self-evident.

 

Mayor Janice Jackson, in dismissing as “of little consequence” the challenge to the election of her Deputy Mayor, the ability and judgment of her Clerk/Election returning officer and the legal bill to her taxpayers, seems to have read the mood of the public perfectly – they don’t give a damn when someone bends them over!

Congratulations Miz Mayor you really are, as you claim, “All about the people”!

 

Is everyone out there smoking so much dope that you’ve become one? Please, switch to cigarettes – they do only slightly more damage to your lungs and usually allow you to stay aware long enough to realize you’re getting screwed

 

 

  1. Miz Mayor, I hear that Councilor Craig and Councilor Ana were spotted at your place in Owen Sound. HMMMMMM

I may be naïve but if the report is true, I have faith that you were getting together to bake cookies. (Ana brought the windmill cookie cutter and Craig brought the nuts)

Only someone who subscribes to conspiracy theories would suggest you got together for a “special council meeting” in violation of the Municipal Act.

Maybe get Craig to wipe his pocket recorder for that day – just in case the Ombudsman comes a calling – we know the press won’t.

 

the Martian

The Martian Speaks Again…


 

When Senator Joe McCarthy held the communist witch hunt hearings in the U.S. in the 1950s broadcaster Edward R. Murrow informed the public about the nonsense and that was the end of Joe McCarthy.

Walter Cronkite had an opinion on the Vietnam War, made it known to the public and that was the end of the fighting.

Does anyone remember Paul Harvey closing his broadcasts with “And now you know the rest of the story”?

Woodward, Bernstein and Nixon are names forever united in journalism history.

Investigative reporters made Mike Duffy a household name with their reporting on the disgraceful senate spending scandals.

Without media informing the people, would anyone know about the shameful, multi-million dollar gas plant closings by the Ontario Liberals?

 

A well informed public is the best, perhaps the only defense against a government that overreaches its authority, engages in shady dealings or otherwise screws the pooch.

Why then has no one in any local media followed the story of a councilor in South Bruce Peninsula challenging the election of the Deputy Mayor?

Tips to broadcasters produced nothing. Information provided to print media has resulted in one story that, while it did detail many of the previous legal challenges issued by this same councilor, only scratched the surface of the latest one.

 

Unless you happen to be one of the few “in the know”, have heard the rumors or read the heading of Item 4.3 of the Feb. 3rd council agenda dealing with –“(Invalidation of the 2014 Municipal Elections for the Office of Deputy Mayor)” you would have no idea of the whole truth of what’s going on even if you read the papers every day or faithfully listen to local radio.

 

In the day of the 24hr. news cycle, exploding social media, bloggers on every corner, how can people be virtually kept in the dark about something that affects their lives their pocketbooks and even more important their vote?

 

Is the 15 second soundbite, the 140 character tweet, the need to write the story to please the lawyer so you don’t get sued, to be the new standard in journalism and public information? Have seekers of truth, purveyors of the whole story, those past giants of the media been replaced with pale imitations in understaffed and poorly budgeted newsrooms whose job is to fill 92 or 106 seconds of airtime?

 

Walter, Paul and Edward R. must be spinning in their graves!

The Martian

My Favourite Martian Says:


and the truth shall set you free

Can anyone guess why Councillor Craig Gammie is on the outs with every other councilor at the table?

Is it the new beard he’s sporting that caused council to declare him an “island on his own”?

Is it possible he was called an “ass” and an “S.O.B” by others at the table because of his charm and wit?

Is it conceivable they got tired of him shouting “Point of Order” every time he didn’t understand the rules of procedure at the council table?

Is it because he seems to really like the sound of his own voice and council meetings now last from 1PM till past the 9:00PM curfew, sometimes as late as 11:PM?

All valid reasons but not the real one!

Seems Craig is up to his old ways less than two months after being sworn in as a councilor. On Tuesday the 27th of January he served a writ on the Town Clerk and has filed a legal action to set aside October’s election. (filed in Walkerton case #2-15)

     But wait! Not his election, not Janice Jackson’s election, not Ana or Mat’s election – he only wants Jay Kirkland thrown out! And why does he think a duly elected member of council should be removed?

Well, Craig seems to think he can read the minds of the voters who live in trailer parks and apparently believes: 1) they all voted for Jay and 2) their vote is illegal.

I can understand Craig believing he’s Kreskin The Great, but I don’t understand that he can’t believe his own eyes and ears when he sees and hears that Elections Canada and the Ministry of Municipal Affairs both agree that people who lease a trailer park space for a year count just as much as people who lease an apartment or house for a year.

I’m tempted to call him bi-polar, delusional or just plain nuts but not being a qualified psychiatrist I’ll pass on that and let you judge for yourself. While you’re thinking, ask yourself how much this will increase the Town’s legal bills and how that will help reach the 10% tax decrease Craig promised you when he asked for your vote.

Now a newspaper article claims Craig is going to withdraw the court action because someone advised him to. HUH! Don’t know who’s advising Craig but I bet it’s not Betty Hall. She’s out there telling everyone she’s going to be the new deputy mayor!

Sorry Betts – you lose again!

At the same meeting during a break Mayor Janice Jackson launched a tirade of foul language at the only member of the public who seems to have the time and will power to attend the marathon council sessions.

A question for Mayor Jackson: Is your version of open and transparent government achieved by yelling at the public “Are you out of your f***ing mind and “What were you f***ing thinking” in front of half a dozen witnesses? Could it be that if you yelled at Craig he might bring legal action against you too Miz Mayor?

With a couple of exceptions this council is a clown show!

The Martian