Friday, 25 September 2015

CRIMINAL COURT



During the summer of 2015 I received a report from a Niagara Landowner association (NLA) member regarding the plight of 78 year old farmer, pastor and 20 year operator of private local food bank Mr. John Tobey. The NLA member’s report and the Tobey log can be viewed here.

Motivated by the report regarding the disturbing story and the accompanying log written by Mr. Tobey, I decided to drive from St. Catharines, Ontario in the Region of Niagara to Cayuga, Ontario in the Region of Halton a distance of 70km and 1 hour drive.

I met with Mr. and Mrs. Tobey at their farm and with their permission I was free to roam around with my camera. With every step and with every click of the camera I thought of every charge that the municipal ‘Money Finder’ dumped on the Tobey’s. I burned at the thought that a municipality would treat an upstanding octogenarian couple as though they were some low-life criminals to be milked for their cash. 

Realizing that the municipal gang had the Tobeys corralled by a squalid legislative system that does not apply to private property owners. To the chagrin of financially strapped provincial, municipal and conservation authorities, private property rights fall under COMMON LAW.
If the highest law in the land says a property owner has property rights as dictated by a crown instrument known as the land patent grant, then how and when did lower courts (or anyone else) get to say otherwise?

But they do and it gets worse!

All this made me swear to myself that I would attend the ‘fine sentencing’ court hearing on September 15, 2015 in Cayuga, Ontario. 

I attended the Cayuga Court of Legislative Law and found that indeed things did get worse; much worse!

Mr. Tobey’s lawyer showed up and began talking to Mr. Tobey about his penalty phase for missing one of his 19 court dates, some of which were canceled by the court without notice.

I asked his lawyer, Robert Yanch, why Tobey was charged under legislative law, which does not apply and that ‘he shouldn’t even be here’. Lawyer Yanch asked ‘what country I come from?’ He seemed to be oblivious as the meaning; Crown Patent Grant.

Let me describe the tiny courtroom. The justice sits facing us; then 2 ladies facing each other followed by the opposing lawyers facing the bench and then the spectator gallery that seats 10. In fact I had to sit so close behind the defense lawyer that I was struck by his chair as he stood up. Mr. Tobey sat, slumped to my left; two NLA members sat behind against the Wall and a retired OPP Officer sat with his back to the wall across the aisle supposedly as security! 

Then it really went downhill when Tobey’s Lawyer, Robert Yanch and Lawyer Patrick Mahoney began to speak in such hushed tones that the spectators had no chance of following the proceedings. Could it be that they were concerned with an audience or the fact that NLA members were present? Perhaps their possible concern regarding witnesses to their modus operandi would explain their wanting to turn the November 20, 2015 Court date into a private telephone set-up to conclude their business of relieving Mr. Tobey of $10K.

Aside from the novelty of trying to avoid witnesses to their shabby treatment of Mr. Tobey; it could be accepted that Mr. Tobey’s Lawyer Mr. Yanch, who appeared not to be aware of the Crown Patent Grant and/or that it should be considered, might, by some stretch of the imagination, be absolved of this part of the equation. 

But what about Lawyer Patrick Mahoney standing there advocating for the penalty even before the court concluded its findings? 

Patrick Mahoney has his name on the shingle of the largest and most prestigious law firm in St. Catharines, Ontario! The law firm of Sullivan Mahoney actually involve themselves on both sides of cases regarding Land Patent Grant issues. 

Could it be that because Lawyer Mahoney is well acquainted with court rulings upholding Crown Patent Grants, he now wants to speed up the Legislative Law process to get to Mr. Tobey’s money?
  
Noticing Lawyer Patrick Mahoney ranging far and wide to act as Crown Collector raises the specter of Matthew Hopkins, Witch finder or persecutor Javert in Victor Hugo’s Les Miserables.

 It also raises the question as to why a respected Lawyer like Patrick Mahoney would stoop so low as to become a money collector for a municipality that would act the way this municipality has acted toward Mr. and Mrs. Tobe.

Like 20 court dates for a couple of octogenarians!

Even if the Legislative Law did supersede the federal Crown Land Patent, which it does not, according to higher court rulings, this type of action toward so many innocent Canadian Citizens, is nothing short of criminal and should be investigated.

1 comment:

  1. The problem I see here is that there are 2 streams of law. Legislative Law and common Law.

    Years ago politicians were mostly lawyers that understood common law ( Law of the Crown) and knew the limits of their authority. Today politicians can be and are anybody, but sadly are not knowledgeable of Common Law. They pass Legislation, with good intent but in the process overstep common law. Common Law dictates rights to the person of their land, but Legislative laws are not reviewed by the courts. Sadly the affected individual must fight through the lower courts at their cost to have the injustice heard in Superior Court that knows and understands Common Law. Mr. Tobey's case currently is being heard in the lower courts that cannot rule on Common Law.

    If you were to read the decision of Kaluzny vs the Town of Grimsby June 19th 2015 the District Court states that matters of the Crown Grant cannot be heard in District Court and must be heard in Superior Court as it is beyond the District Court jurisdiction. Mr. Tobey is in his right, but sadly the Town of Haldimand does not understand Common Law, prerogative of the Crown, which Grants the land owner the right to his land, Heirs and Assigns Forever. The system is then one of Tyranny as it knows of no limits to theirf Authority and thus the very persons who are bearing down on Mr. Tobey act righteous thou ignorant of the intent of the Crown, which in many cases have sworn an oat of allegence to uphold the will and prerogative of the Crown.

    Without checks and balances the legislators have become elected dictators that cannot be approached.

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