According to the victim of bureaucratic theft, Mr. Ray Desmarais of the Town of Fort Erie, an unidentified crew along with unmarked heavy construction equipment, came onto his property without written authority, to rob him of all his worldly possessions. https://newsalertniagara.blogspot.com/2021/02/who-authorized-destruction.html
Mr. Desmarais Stated the following: All MY belongings (“SORRY I THOUGHT THEY WERE”) the city removed from the property. Even down to “MY” tools of the trade.
I found some of my “DERELICT, DEBRIS REFUSE at another business in town (almost beside the police station)..
I approached a gentleman there and he told me his shop is just a rental and he would contact the owner and have him contact me. I left him all my contact information, a month now and no reply.
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March 15, 2021 2:24 and 2:26 pm called police to report a theft.
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Left my name and number on voicemail.
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Almost a day later I was called by the police station ( 12:17pm ).
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The officer more or less just laughed at me and said “nothing to be done”.
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I requested the incident number and file.
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“Take it to court”
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All will be gone during timeframe.
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News Alert Nagara supports our Niagara Regional Police but, it is less than comforting to witness police unlawfully trespass or their blindly following the dictates of apparent unlawful and extraordinary conduct by Fort Erie Municipal Authorities even to the NRP, Fort Erie detachment, actually witnessing and ignoring physical assault.
Its even more disconcerting to hear of a cavalier attitude, after the fact, toward the victim as in the case of the improperly targeted Fort Erie property owners.
Excuses for their conduct fall flat in the face of actual ignored prolific eyesore properties cluttering Fort Erie that are clearly visible from street view even across the Street from the targeted Mr. Desmarais!
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Mr. Dan Favero, also a victim of Fort Erie Authorities, wants everyone to know that he does NOT collect Garbage and he sends Proof! .
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Message to Fort Erie Council from one of our readers:
I think all politicians should ask themselves if they want an appointed agent to enter their back yard without a warrant, inspect the trees and shrubs, peer under benches for garbage, check the family cat for bad teeth, etc. They should ask themselves if they would accept a year in jail and a $250,000 fine if a Dense Blazing Star were found there. They should ask themselves if they work for the people or the people work for them.
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Then they should go into the legislature library and re-read (or read) all those acts and regulations that they assume everyone over the age of 16 has the high-speed Internet service, computer, time and memory to be aware of.
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Then they should go into the legislature library and re-read (or read) all those acts and regulations that they assume everyone over the age of 16 has the high-speed Internet service, computer, time and memory to be aware of.
MUNICIPALITIES UNLAWFUL CONTROL OF PRIVATE PROPERTY IN ONTARIO
ReplyDeleteSection 2(4) says “Nothing in this Regulation authorizes a municipality to enter and undertake a work as a local improvement on private property without the permission of the owner or other person having the authority to grant such permission.”
Notice that the Municipal Corporation NEEDS PERMISSION / CONSENT from the PRIVATE PROPERTY OWNER, WITHOUT which THEY HAVE NO AUTHORITY.
Section 8(1) says that the Municipal Corporations scope of power is there so it can "govern ITS affairs." The word "ITS" is a possessive pronoun, meaning you have the power to govern the affairs that BELONG to the Municipal Corporation only.
This maxim can further be confirmed by another section of the Ontario Municipal Act.
Section 9 says “(Powers of a natural person) A municipality has the CAPACITY, RIGHTS,POWERS AND PRIVILEGES OF A NATURAL PERSON FOR THE PURPOSE OF EXERCISING ITS AUTHORITY under this or any other Act.”
Section 9 states the Municipal Corporation has the capacity, rights, powers and privileges of a natural person. A natural person has NO AUTHORITY ON PRIVATE PROPERTY THEY DO NOT OWN, and therefore a Municipal Corporation cannot indirectly give itself authority that it NEVER DIRECTLY HAD IN THE FIRST PLACE. Municipal Corporation powers exercised under by-laws THEREFORE HAVE NO POWER, NO AUTHORITY AND NO CONTROL OVER PRIVATE PROPERTY which the Municipal Corporation does not own.
Georgian Bluffs (Township) v. Moyer, 2012 ONCA 700, DOCKET: C53734
“[20] The action that ‘SHOULD HAVE NEVER OCCURED’ was an action brought by the Township. The appellant successfully defended himself against the most significant element of the claim advanced by the Township – namely, an order that he remove all objectionable items from his 100-acre property. The appellant also succeeded in having the clean-up costs struck from his property tax bill, in establishing that the TOWNSHIP HAD TRESPASSED UPON HIS PROPERTY, and, as we have found, in establishing that the Township had CONVERTED CHATTELS HE "OWNED". "
LIABILITY OF COUNCIL AND EMPLOYEES
I would like to remind you that the Municipal Corporations council, officers, employees and its agents can be HELD LIABLE for any torts that they commit.
Section 448 of Municipal Act says “(Liability for torts) Subsection(1)does not relieve a municipality of liability to which it would otherwise be subject in respect of a tort committed by a member of council or an officer, employee or agent of the municipality or a person acting under the instructions of the officer, employee or agent.“
CONCLUSION
A Municipal Corporation has no power, authority or control over my private property due to the legal maxim expressio unius est exclusio alterius meaning the Ontario Municipal Act specifically grants power, authority and control only to property owned by a Municipal Corporation, and does not grant any power, authority or control over private property.
Any Municipal Corporation by-law or Provincial Legislation attempting to directly or indirectly grant power, authority or control over my private property is ultra-vires as it frustrates the purpose of my Crown Land Patent Grant, the Criminal Code of Canada, and the Common Law.
Any Municipal Corporation by-law attempting to directly or indirectly grant access to my private property is ultra-vires as it frustrates the purpose of the Ontario Trespass to Property Act.
My private property, regardless of its geographic location, is not owned by a Municipal Corporation or by a Provincial Corporation and is therefore not “IN” a Municipal Corporation and is not “IN” a Provincial Corporation and is therefore not subject to any by-laws created by a Municipal Corporation and is also not subject to any Provincial Legislation.
Canadian Bill of Rights
ReplyDeletePART I
Bill of Rights
Recognition and declaration of rights and freedoms
1 It is hereby recognized and declared that in Canada
there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,
(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;
(b) the right of the individual to equality before the law and the protection of the law;
(c) freedom of religion;
(d) freedom of speech;
(e) freedom of assembly and association; and
(f) freedom of the press.
MUNICIPAL ACT, 2001
ReplyDeletePOWERS OF A NATURAL PERSON
9. A municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising it’s authority under this or any other Act. 2006, c 32, Sched. A, s. 8.
Restrictions, motor vehicles
50. A municipality does not have power to pass a by-law establishing a system of permits for motor vehicles or trailers, as those terms are defined in the Highway Traffic Act, similar to the system under Part II of that Act. 2001, c. 25, s. 50.
MUNICIPAL ACT, 2001
ReplyDelete63. (1) if a municipality passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or vehicle on or near a highway, it may provide for the removal and impounding or restraining and immobilizing of any object or vehicle placed, stopped, standing or parked on or near a highway in contravention of the by-law and subsection 170(15) of the Highway Traffic Act applies with necessary modifications to the bylaw. 2006, c.32, Sched. A, a. 27.
Exception
(2). Subsection (1) DOES NOT authorize any action with respect to a motor vehicle on a parking lot on land NOT OWNED OR OCCUPIED BY THE MUNICIPALITY. 2006, c. 32, Sched. A, s. 27.