To Be or Not to Be?? That is the Question!


 

 Bruce the Blight

Bruce the Blight

 

The MTO is in the business of providing a way for us to get from point A to point B. The problem is they think those points are the same for everyone!

They think we all live, work, shop and visit at either A or B. 

Try and get a permit to open a driveway for a business half way between A and B.

If you are one of the rare successful ones you better have money left over for a sign permit after you clear the message, illuminaqtion, location, size, font and color of the sign with the MTO. We can’t have signs distracting people getting from A to B.

 Try and get a permit for a driveway or to build a home half way between A and B.

Can’t have that! You might create a hazard with your mailbox or have kids that need the school bus to stop and that would slow down people getting from A to B.

 Now let’s consider Hepworth point A and you decide to build a home and live there.

Better not try and build on Elizabeth St. on a vacant lot! Even though it’s zoned residential and taxes are assessed as residential it’s really zoned “future development” and you can’t have a building permit.

Well why not – you are the future and your home is the development, right?

Actually no, since future development really means there is no development in the future unless you qualify by making some kind of change to the property.

OK, what change or changes are required? That’s where it gets complicated! 

The County says the property is residential and the Town says it’s future development but the County has to make the changes, but can’t even talk about it without researching why it’s future development for about 3 weeks, but “Try the Conservation Authority” in the meantime but don’t forget the property is within 1200 ft. of the highway and the MTO must be involved but you’ll probably have to go to Committee of Adjustments for change in lot size and do a Karst study and do a drainage plan and look for possible future sink holes but for God’s sake don’t mention the “Modular” parts of your new home that started life as shipping containers since the Town has a bylaw outlawing them!

Enough buts there to fill Jimmy’s ashtray! 

Oh, screw it! Let’s try and build at Wiarton as point B and drive unobstructed by school busses and mail delivery to work in Hepworth point A!

But…. There’s about five people in Wiarton who object to any new development there and they don’t even have infrastructure for a 4-plex in place yet and they object to new infrastructure and they don’t want anything to progress till they die and they’re not ready to die yet and there’s no work in Hepworth anyway and……..!

 Oh, screw it! I’m moving to Tuktoyaktuk and I’ll look for work building igloos or hunting seals until global warming turns my front yard into beachfront!

 It’s a world full of regulations people, but it’s for your own good don’t you know, to protect you from having to sue anyone later if anything should happen – and despite, or maybe because of all the permits and regulations, things happen! You already need a permit to piss and they’re working on a regulation to stop you from pissing into the wind!

BAAAAAAAAAAAAAAAAA

Bruce

Indecision May or May not Be Our Problem!


 Bruce the Blight

Bruce the Blight

Wow!! Yet again we send a message to the Investment world that this town is not open for business!

Have you been to Foodland lately if not take a canoe! The roof is leaking so bad that you play dodge the bucket when trying to navigate the rapids in the freezer section!

Foodland has been trying for the last five years to build a new store next to Tim Hortons only to be met with objections and red tape! What is the matter with you people!!!

A thirty thousand square foot store would create jobs, tax revenue and oh yeah variety!! The new store is being cited as the cause for reduced property values as one of the major complaints! Wow there is a thought!!

The area the proposed store is in features a bunch of old houses that have long outlived their economic life in the first place. There is no value there! Your position in that regard does more to devalue property in all of the town as you are killing new investment in the community and telling the world that you are in fact a bunch of hillbillies that doesn’t give a damn about the future of this community let alone the needs of the community! It proves that your only concern is your pocket-book as you may or may not be able to sell you worn out shack to some sucker that cannot afford anything else!!

The other issue proclaimed is traffic problems!! Oh Gee I guess you have never been outside your shack in the summer. We already have traffic problems beating down the lineup at Timmy’s every morning let alone in the summer when the citiots arrive. Have you never tried to shop at Foodland in the summer? Oh wait I bet you go to Owen Sound to shop at NoFrills to save 15 cents on a loaf of bread!!!

When you succeed in pissing away yet another opportunity for growth and investment in our community and you find that you now have to go to Owen Sound for groceries you will be whining that there is no growth here.

When you see other businesses leave town because of the NYBY attitude and there are no services available because of a declining tax base which will really reduce property value who will you blame then!!

No Job, no Airport, no grocery store, no future!!! Get a grip you bunch of Hicks!!!

BAAAAAAAAAAAAAAAA

Bruce

 

 

 

 

 

 

 

 

A bird in Hand is Better than two in the Bush!


Bruce the Blight!!

Bruce the Blight!!

As Forest Gump would say “Stupid is as Stupid does”

The blind leading the blind in the Town of South Bruce Peninsula maintains their incredible display of incompetence making this community look absolutely stupid in the eyes of the investment community!

The town has yet again insulted yet another investor looking to develop the Airport with a 100 million dollar investment creating over 1,000 jobs.The offer was made and the town didn’t respond!

With unemployment in this area at its highest point in history, real estate prices dropping like a stone, businesses leaving one right after the other you think they might give some thought to responding to an interested party??

 Six years ago the town failed to respond to an offer for the airport for $2,000,000 cash, six years later they don’t respond to a million dollar offer! I have a hard time believing that the elected ones are that irresponsible.

They are now seeking a new manager for the airport. The old one will not continue at $80,000.00 per year plus expenses. HMMMMM! Seems like a fair pay cheque to plow snow and pump gas.

Let me think 800 acres of prime real estate with an airport licence and you are loosing 200 grand a year on it.If we ignore everybody maybe it will go away!!! NOT!

The average house price n Toronto is 1 million dollars, maybe we could trade the airport for two houses What a score!!!

But not to worry Janice has got paid parking back!!! That will save us!! At the very least it otta scare away any tourists that were thinking of coming up this summer!!!

Just think install new ticket dispensers for parking ($18,000 each) at Sauble then hand them over to the Natives when they win the land claim!! There is vision!!!

Would the last one leaving this area please turn out the lights!!!!

BAAAAAAAAAAAAAAAAA

Bruce

 

 

 

 

 

 

 

 

Craig Gammie …Master of Half Truths!


Mr. Gammie posted the following comment in response to my posting:

Sauble Land Claim The Gift That Keeps On Giving!

Bruce:

The Saugeen Ojibway First Nation may have filed a lawsuit claiming 66 feet. But they don’t own it. Only if and when the courts say they own it will they own it.

Both SOFN claims are groundless.

Craig Gammie

It is easy to understand, given statements like his, why the Indians say “White man speak with forked tounge!

Craig, the facts are:

The Royal Proclamation of 1736 granted everything north of highway 21, (a line between the mouth of the Potawatomy to the mouth of the Saugeen river and all points north to Tobermory) to the First Nation People. Again, in 1851 the Royal Declaration declared exactly the same.

The Crown agreed to reserve the same for the First nations people.

In 1855 the Natives signed a surrender treaty wherein which the Natives agreed to surrender to the British provided that the land of the Peninsula would be held by the Crown “In Trust” to the benefit of the Natives. The Crown was to build a road from the mouth of the Saugeen to the mouth of the Potawatomy, a one mile strip of land between the two points was allocated for that purpose.

The Crown sold the land in the one mile strip and did not give the funds to the Natives. Further to that, and as part of the Surrender agreement, the road allowances were allocated subsequent to a survey of the said land. As part of that, there was a road allowance decreed encompassing a road along the shoreline around the whole of the Peninsula allowing 66 feet in from the waterline to be paid for when the roads were opened, this never happened either. Further to that the Natives were allocate an 11 kilometer stretch of water out from the shoreline around the entire peninsula. This fact is acknowledged and embrace by the BNA of 1867 and reaffirmed when Trudeau brought it home.

In the Land Claim of 1994 the Natives, have honoured all Crown Patented lands but have demanded the return of the unopened road allowances and payment for the utilized road allowances.

The Natives have take their action out in the Haig at the World Court, as they believe they will not obtain a fair Trial in the Canadian system. Something I believe to be true.

Mr. Gammie states: “Only if and when the courts say they own it will they own it.” Let me think about this for a minute…We as a Country, have agreed to do something, reaffirmed it in the BNA and in our Constitution,  pissed backwards and have said in essence… I know we said we would but you have to prove we said we would in a Court, that we pay the Judges.Oh and by the way we are going to keep all the money until you prove we said it while we argue every little point. “

There are 226 outstanding land Claims in the Province of Ontario today! The Courts and the Government have displayed outright contempt and racism towards the Natives historically. We as a people, represented by our Government have trapped the natives on reserves plundered their land, the same land that we promised to hold for them in trust, stolen any and all benefits from the trust and now we want to go to Court and make them prove that we are not all a bunch of lying thieves before Judges that we pay. Sounds fair to me!!  NOT!

Remember we as a people took two generations of the Native children, placed them in residential schools and brain washed those same children into believing that they were second class scum of the earth then sent them home to their families on reserves that were underfunded and poverty stricken and now we wonder why they are fighting back!

Yes Craig you are a true Politician! Tell everyone what they want to hear, get what you want, then deny everything until it is proven in a court, which you control, that you said it. You really have proven that you should never be elected in my opinion!!!!

Definition of TRUST in Canada

In common law legal systems, a trust is a relationship whereby property is held by one party for the benefit of another. A trust is created by a settlor, who transfers some or all of his or her property to a trustee. The trustee holds that property for the trust’s beneficiaries. Trusts have existed since Roman times and have become one of the most important innovations in property law.[1]

An owner placing property into trust turns over part of his or her bundle of rights to the trustee, separating the property’s legal ownership and control from its equitable ownership and benefits. This may be done for tax reasons or to control the property and its benefits if the settlor is absent, incapacitated, or dead. Trusts are frequently created in wills, defining how money and property will be handled for children or other beneficiaries.

The trustee is given legal title to the trust property, but is obligated to act for the good of the beneficiaries. The trustee may be compensated and have expenses reimbursed, but otherwise must turn over all profits from the trust properties. Trustees who violate this fiduciary duty are self-dealing. Courts can reverse self dealing actions, order profits returned, and impose other sanctions.

The trustee may be either an individual, a company, or a public body. There may be a single trustee or multiple co-trustees.

The trust is governed by the terms under which it was created. In most jurisdictions, this requires a contractual trust agreement or deed.

Say what you are going to do and do what you say you are going to do! Otherwise you are just the lying scum of the earth!

The oath of Office is a promise not a formality!!!!

BAAAAAAAAAAAAAAAAAAAAAAAAAA

Bruce

Sauble Land Claim The Gift That Keeps On Giving!


Bruce the Blight

Bruce the Blight

 

When is enough, enough??

Yabder4 raised the issue a week ago and I, at his urgings made some calls and got some info with respect to same.

What is at issue is where exactly the Saugeen Reserve ends. Is it at 6th street or at its present position?

THE PROVINCIAL GOVERNMENT IS LEADING THE FIGHT AGAINST SETTLEMENT OF THE CLAIM!

The Native side is that they have the original Survey and Notes and the Province says they have a newer more better survey showing the opposite!

Now I could only get our costs back to 2002 as I cannot not seem to get any information on what Amabel Township has paid:

DONNELLEY AND MURPHY
2002 $12,036.03
2006 $15,280.14
2007 $11,033.49
2009 $6,974.10
2010 $4,082.44
2011 $2,050.63
2012 $7,076.59
2013 $48,230.19
2014 $50,712.54
TOTAL TO DATE $157,476.15

DONNELLEY AND MURPHY is the Law Firm acting for the Town.

The fact of the matter is we continue to pay on a Moot point!

The Royal Proclamation of 1736 and the Royal Declaration of 1851 acknowledged the whole of the Peninsula as owned by the Natives. The Surrender of 1855 acknowledge same in the treaty.

Where the Reserve ends from our standpoint is irrelevant. The Saugeen Ojibway Nation owns 66 feet in from the waters edge and 11 Km out from the waters edge. So let us for a moment assume that the Province is right. The Natives lose. They then put up a fence  66 feet from the waters edge, we have no beach! Guess we showed them!!!!

A joint management agreement as proposed by the Feds sees no fence either way!

We spent so far arguing about nothing in excess of $150,000 over 12 years, who knows what was spent before that.

We have no idea what the Feds spent nor do we know what the Province has spent! Wait a minute we are the Province and the Feds and they operate on our tax dollars.

We are fighting against ourselves!

Let us assume that the Feds and the Province spent at least the same, being grossly conservative that would equate to half a million dollars to think about what we have no right to in the first place!

Bankers, Lawyers and Thieves!!!!

BAAAAAAAAAAAAAAAAAAAAAAAAAA

Bruce

Mayor John (Cod Liver) Close Responds to Questions!


 

 Thank you Mayor Close!
Better late than Never!
Out of all the answers received to date, this is by far more better! Direct and positive albeit not as far as I would like!

John Close

12:30 PM (45 minutes ago)

to me
Good Questions Bruce!
 
As mayor for the past four years I have fallen into the habit of letting others reply before I speak. I apologize if my reply is late.
1)Are you prepared to sign and honour the Oath of office and the Oath of Allegiance
 Yes to the Oath. I believe that this is required to show the public that I am accountable.
2)Is it your position that Provincial Regulations pertaining to property use are binding on Private Property?
The courts are upholding the Building Code, Planning Act and other provincial legislation. Until the courts rule otherwise provincial regulations are enforceable.
3)Is it your position that Municipal By-Laws are enforceable on private Property?
There are two types of by-laws that may come into play on this question. First there are general by-laws that are enacted for the general health and safety of a community. These by-laws shall only be enforceable if they relate to a Federal Act and/or a Provincial Act. Other by-laws would apply to public space only. A municipality can ban smoking from a park but they cannot ban you from smoking in or on your property.
4)What is your economic Recovery Plan for this Community?
My economic recovery plan is lengthy but not complicated. If we had a manufacture in our town that employed a hundred people we would never treat them the way we treat our small business, tourism, quarries and agricultural business. Land use planning has a place to allow all people to develop a business or live without the fear of a dynamite plant opening next to your home. Having said that our municipality needs to know what we have and actively search for those types of business that we are missing.
In order to grow into the future we need ultra-high speed fiber optic internet. We have no idea as to the jobs our youth will create in the future but it will be based on high speed connections, the likes we have not yet seen. We need the infrastructure, such as high speed internet, to open up our doors for business to incubate the jobs of the future.
Yes there are other items to install and correct but the driver for our economy shall be the internet, and the first community in will see the fastest growth.
5)Has any compensation been paid to anyone including the TSBP for the expropriation of Highway #6 in 1965?
Compensation for Highway 6? Only when they widened the Hwy. north of Wiarton in the late 50s or early 60s.
6) How do you intend to reunite the Communities within the Town of South Bruce Peninsula?
Unity
Unity is a major issue in our community, an issue that will take years to deal with. We have tax payers in our smaller neighbourhoods that feel left out, that see no improvements. This is one area for a public committee to be established to search for the core problem and find some solutions. 
Amalgamation came with no instructions and many communities continue to struggle with community unity. We need to define who we are and build pride from the ground up.   
The best so far!
Would that be with Property Rights and a positive stance against Provincial intervention? HMMMMM!
BAAAAAAAAAAAAAAAAAAAAAAAAAA
Bruce

Time to Review and Score The Answers Provided By Candidates TWSBP! Part 1


Bruce the Blight

Bruce the Blight

 

Now remember I am not a lawyer! I am just a schmuck from the Bruce Peninsula that wonders, so this article is merely my opinion! I have just witnessed 8 years of wasted time and effort and the erosion of our rights as a people.

I find it amusing that the people that are running for election in the Town of South Bruce Peninsula, with the exception of the few, are all hot to trot to get your vote, but not interested in answering any questions.

Now, I may be an opinionated, old redneck, only interested in myself, as some have said, but I have to think, that if I were running for office, I would take advantage of every opportunity to get my message out!

Apparently it is a good thing I am not running as I would be wrong according to the responses, to the questions I posted.

Let us discuss and review the questions asked and answers given to question 1 and 2:

1. Are you prepared to sign and honour the Oath of office and the Oath of Allegiance?

It is mandatory for someone elected to sign the oath of office, which in turn provides an allegiance to Her Majesty. If in fact you swear the oath and allegiance, your are stating you will uphold the honour of the Crown ahead of all else, amongst other things.

I note that every single Candidate that answered the questions said yes to question 1,  with the exception of Craig Gammie! Mr. Gammie said it was “a silly question” implying that it was not worth answering! HMMMM!

Our laws are based on British Common Law, whose foundation is that of the Magna Carta.The Magna Carta was brought into being by the Land Barons, to control the Crown, who at the time, was taxing the people to the extreme, amongst other things negative to property ownership. The Crown had input on this document and it was amended many times by way of agreement between the people and the Crown.

Now this gives rise to question #2:

2. Is it your position that Provincial Regulations pertaining to property use are binding on Private Property?

The wealth and prosperity of this country was built on Property. All the natural resources are part of the land. Agriculture would not be if there was no land to farm nor would there be a forestry industry if there were not rights to the timber growing on the land. By the same token water, minerals, oil and gas etc. are all part of the land. Without Real Property we have nothing but the right to pay taxes!

Canada was built by people coming here to get land ownership. This was encouraged and promoted by the Crown, who provided Land Patents to entice  people to emigrate here. Land ownership was the motivation! Ownership provided security and opportunity. To own land meant you had a future. Most could not even dream of owning property in the old country so they came here for that chance. We have all been lead to believe that ownership was and is security.

In 1792 The Constitution Act was created to divide Canada into 2 separate Provinces, Upper and Lower Canada, which introduced English Law pertaining to “property and Civil Rights”.

“(18)  …..and to introduce English Law as the Rule of Decision in all matters of Controversy, Relative to Property and Civil Rights”

It also supported the Granted and patented private property rights, under section 9:

“(IX) Provided always, that nothing in this act contained shall extend, or be construed, to any lands that have been granted by his Majesty, or shall hereafter be granted by his Majesty, his heirs and successors, to be holden in free and common socage.”

The British North American Act, 1867

The Preamble of the BNA it expresses that our constitution and our country is to have a constitution “similar in Principal to that of the United Kingdom”.

The BNA Section 12 “All Powers, Authorities and functions which under any Act of Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia or New Brunswick, are at the Union vested in…
The concept of the Union or amalgamation under one superior corporate entity is in fact expressed in the preamble of the BNA.

Since the Provinces is in reality a corporation, created by letters patent, one must look to the meaning of provincial property.

Section 109. All lands, mines, minerals and Royalties belonging to the several Provinces of Canada, Nova Scotia, and New Brunswick at the union and all sums then due or payable for such lands , mines minerals or Royalties, shall belong to the several Provinces of Ontario, Quebec, Nova Scotia, and New Brunswick in which the same are situate or arise, subject to any Trusts existing in respect thereof, and to any interest other than that of the Province in the same.

Section 109 clearly states that the Provinces own the revenue that can be created from public/Crown lands being sold or used to create revenue from the mines and minerals that are reserved in the land patents. Private property is addressed under “subject to any trusts existing in respect thereof and to any interest other than that of the Province in the same.”

The Draft BNA was created at the Quebec Conference in 1864. In the draft was the instruction and the intent of section 109.

56. All lands, mines, minerals and Royalties vested in Her Majesty in the Provinces of Upper Canada, Lower Canada, Nova Scotia, New Brunswick and Price Edward Island, for the use of such Provinces, shall belong to the Local Government of the Territory in which the same are situate; subject to any trusts that may exist in respect to any of such lands or to any interest other of other persons of the same.

This in fact means that the Province cannot interfere with any other persons “interest” and/or any ”trusts” not of the Province.

“The Queen in right of Ontario has no right, title or interest in and to lands described” (Ontario (Attorney General) v Roundtree Beach Assn., 1994). The Queen/Crown has removed the crown domain through letters patent, ergo there is no authority to be transferred to the Province.

Section 117 “The several provinces shall retain all their respective Public Property not otherwise disposed of in this Act, subject to the Right of Canada to assume any lands or Public Property required for Fortifications or for the Defense of the Country.”

In the case of A.G. v. DeKeyer’s Royal Hotel, 1920, p. 28 it is stated “ Since the Magna Carta the estate of a subject in lands or buildings has been protected against the prerogative of the Crown.”There were provisions that “private Property” could only be used or regulated with fair compensation being paid, even during times of war.”

Since Section 125 of the Act says that Federal property and Provincial property are exempt from taxation, it stands to reason that if we pay taxes on the land we must be owners of the land ergo we must be owners of private property.

The BNA Section 12 “All Powers, Authorities and functions which under any Act of Parliament of Great Britain, or of the Parliament of the United Kingdom of Great Britain and Ireland or of the Legislature of Upper Canada, Lower Canada, Canada, Nova Scotia or New Brunswick, are at the Union vested in…

So now we have Candidates that have agreed to sign their Oaths of Office and Allegiance to the Crown, if they are elected, in doing so they have stated that they will,  in essence, Honour the will of the Crown!

The Crown, has willed in the legislation above, that Private Property is outside the Jurisdictional control of the Province. Therefore if the Candidates intends to honour their oaths then they must answer question 2 with a Definite NO, failing which they are not honouring their oath’s.

To allow the Province to impose regulations that restrict the right of utility of property owners within the Municipality, abrogates their responsibility that they pledged to uphold.

Think about it, we lost Giant Tiger, Canadian Tire (about 100 jobs) and god knows what else when the MTO would not allow  or provide a turning lane on the south end of town on Highway 6. Regardless of what the Province says Highway 6. from Alvanley to Wiarton is within the boundaries of the Town of South Bruce Peninsula. The Province signed off on that in 2004 when they approved our Master Plan. The regulations being imposed by the Province is over stepping their authority and our elected representatives surrendering to the Provinces will is an example of the failure of our elected representatives to protect our interests.

All Candidates said yes to Question 2 with the exception of Turner! So in saying yes, they are in fact telling you that they have no intention of honouring their Oaths but still want you to vote for them! Oh wait, Gammie said “the question is not relevant to a Municipal election!” Hog wash!

How can you as a voter and taxpayer allow someone to represent you when they have, before being elected, lied to you, by not adhering to the oath they have agreed to swear?

If they do not understand the law in place, they have a responsibility to educate themselves with respect to the law. If they are to blatantly disregard their commitment, by giving lip service to the Oath, then they are not capable of representing you in an honest, responsible manner!

It seems that those running in this election, generally have taken the position, that if one of us would fight their battle (their job)with respect to the Province over stepping their authority and win, then they would support the victor. The fact of the matter is that it is their responsibility as an elected official, is to protect you, not the job of the taxpayer to fight their battle, which they pledged to do, in the first place. The ultimate winner is you the taxpayer as your rights as a property owner prevail. If indeed you are happy with the Province dictating what you can or cannot do on your property then why in Gods name are we paying for a Municipal Government.

The only way the Province or the Municipality can control private property is to first purchase it, then regulate it, then sell it with the restrictions registered on title, this in fact is the law. Other than that they have no rights to the property that was not owned by the Province or the Municipality at the time of the Union Act of 1851 or the British North American Act of 1867. These Statutes were and are, the will of the Crown as it was proclaimed in the passing of the legislation.

The reality of the situation is, that if you are running for office, your first responsibility is your allegiance to the Crown, then to the Taxpayers, not the will of a Provincial body interested in protecting their interests ahead of all else. If you cannot understand this you cannot fulfill your obligations sworn too and subsequently cannot in good conscience govern!

We are expected to obey to the letter of the Law, we are entitled under the Charter 15(2) to be treated equally in Law, however how is that possible if in fact the financial costs are so high that the Province can use your tax dollars to fight you in enforcing your rights given by law.

Our Municipal representatives are to protect us with our tax dollars from economic oppression and restrictive controls by the senior levels of government. If they cannot or will not do so then we have no need for Municipal Government or ownership of “Private Property” thus making the efforts of forefathers moot!

Tomorrow I will address from my perspective, the answers of Question 3 and 4 by our Candidates.

Think before you vote!!!

BAAAAAAAAAAAAAAAAAAAAAA

Bruce