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 Haldimand a distance of 70km about a 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.
But they do and it gets worse!
All this made me swear to myself that I would attend
the ‘final 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!
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.
The problem I see here is that there are 2 streams of law. Legislative Law and common Law.
ReplyDeleteYears 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.