Please share that we have posted #446 of the Municipal Code which the Town of Fort
Erie says gives them their authority to clean up unsightly properties under
their control.
Please Share that those in charge of the Town of Fort Erie see's the Municipal Code as giving them carte blanche to do anything they wish, to anyone they wish, and to confiscate any and all private property they find on their selectively targeted property.
https://newsalertniagara.blogspot.com/2021/02/who-authorized-destruction.html
Please Share that the Town of Fort Erie uses the Municipal Act to operate in a disgusting and thuggish manner with the blessing of the Doug Ford Conservative Provincial Government and our so-called judicial system.
https://newsalertniagara.blogspot.com/2019/11/unjustified.html
Perhaps some enlightened individual can point to the clause that allows municipal authorities to confiscate a persons 'Tools of their Trade' or seize and scrap customer's licensed and plated vehicles or to hold customer's vehicles for ransom?
Perhaps some enlightened individual can point to the clause that allows police officers the right to trespass on private property without a warrant?
Perhaps some enlightened individual can explain why bylaws officers are decked out with 'intimidating NRP look-alike uniforms and as an untrained sergeant no less?
https://newsalertniagara.blogspot.com/2021/03/justice-in-lawless-frontier.html
What can we expect next? Armed bylaw officers maybe or the specter of the 'NRP Armored Tank' to help quell victimized innocent Citizens!
Innocent Citizens must be ready to expect anything once their Ontario and municipal government turns on them!
https://newsalertniagara.blogspot.com/2020/02/government-plunder.html
The only protection for the Citizen is at the ballot box at election time once each Citizen finally learns the risk of an authoritative government!
Please tell everyone that News Alert Niagara apologizes if this article seems one sided! It certainly would be our preference to give the Town of Fort Erie's side of their conduct. Unfortunately, the Town of Fort Erie is far to arrogant to speak on their own behalf regarding their choice of action or their activities.
However, the Town of Fort Erie, like anyone else, has every right and opportunity to make comment in the comment section provided at the bottom of the article just the way Citizens have to communicate with their civic leaders.
The difference is that the 'News Alert Niagara' posted comments are available for all to see even without the prompting of the Ontario Ombudsman's Office!
Remedial action
this or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense. 2006, c. 32, Sched. A, s. 184.
Entry upon land
(2) For the purposes of subsection (1), the municipality may enter upon land at any reasonable time. 2006, c. 32, Sched. A, s. 184.
Recovery of costs
(3) The municipality may recover the costs of doing a matter or thing under subsection (1) from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 2006, c. 32, Sched. A, s. 184.
Costs added to tax roll
(4) For the purposes of subsection (3), a local municipality shall, upon the request of its upper-tier municipality, add the costs of the upper-tier municipality to the tax roll. 2006, c. 32, Sched. A, s. 184.
Interest
(5) The costs include interest calculated at a rate of 15 per cent or such lesser rate as may be determined by the municipality, calculated for the period commencing on the day the municipality incurs the costs and ending on the day the costs, including the interest, are paid in full. 2006, c. 32, Sched. A, s. 184.
Lien for costs
(6) The amount of the costs, including interest, constitutes a lien on the land upon the registration in the proper land registry office of a notice of lien. 2006, c. 32, Sched. A, s. 184.
Same
(7) The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued at the rate established under subsection (5) to the date the payment is made. 2006, c. 32, Sched. A, s. 184.
Effect of payment
(8) Upon receiving payment of all costs payable plus interest accrued to the date of payment, the municipality shall register a discharge of the lien in the proper land registry office. 2006, c. 32, Sched. A, s. 184.
The amendments to the Human Rights Code recognize, subject to specific limitations at law, the right to own property, whether real or personal, the right to peaceful enjoyment of one's property and the right to freedom from search of one's real property and home and from seizure of one's personal property located there. Those rights have long been recognized at common law but are largely missing from the Canadian Charter of Rights and Freedoms.
ReplyDeleteWHAT— Human Rights Code?
WHAT— RIGHTS to OWN property?
WHAT— PEACEFUL ENJOYMENT?
WHAT— Freedom from search?
I have been on property for more than 20 YEARS!!!
You bring me one person I have caused physical harm to.
I enjoyed this property (USED TOO).
Unfortunately because of my medical and 70% chance of death the city took my life away.
Everything I worked my life for and was so happy I could leave to my 2 boys, and now grandson has been “STOLEN “ from me.
I have already been to the suicide clinic and made my will out.
Stay calm Mr. Desmarais, Help is on its way!
DeleteI have been trying to stay calm...I have been trying to get my property back. Been to police station and they tell me they can’t help till they re-open after COVID-19. Will be too late, all will be gone as they have already cut the lock and stole some contents. It has been a month and I have had no legal aid or even call back.
DeleteI am waisted my time being here and emotionally hurting my sons.
Watch your back .... people that are capable of this sort of thing are worrisome! Premier Ford needs to hear about all of this but if the media doesn't pick up the stories ....... it sends the wrong message .... that this is perfectly normal to trespass, steal people's goods without telling them where it was taken .... in short.... not making them responsible for their actions.
ReplyDeleteA couple days went by after they stole my 53 foot tractor trailer I had some belongings in it with locked back doors I found the location where they brought it to locks were cut items inside were stolen. I have made many requests to come and get it they have now blocked it in with massive stones and I have no access to it it has been a month and I have had no reply.
DeleteLooking on the property I also found my forklift tractor.
If what they removed from my property is what they considered “SCRAP” why have they given possession to someone else, with all my belongings.
By no means does this represent democracy. Canadian Civil Liberties must be informed to stop this.
ReplyDeleteCheck out the full page article in the OLA magazine Page 41
ReplyDeleteI have. From Marlene Black.
ReplyDeleteI have been trying to contact legal support and have had no response.
They took everything I worked my life for.
ReplyDeleteI waisted my life. I will no longer...
Found my tractor trailer, lock cut went to police station to charge theft charges........sorry we are closed due to COVID-19.
ReplyDeleteWaisted my life....
The Province of Ontario states:
ReplyDeleteThat powers related to by-law enforcement include:
* powers of entry for purposes of inspection to determine if a by-law is being complied with, and to search for and seize evidence WITH A WARRANT
The supreme court of Canada commented upon Property Rights in Canadian law as follows:
ReplyDeleteAngie - Canadian jurisprudence has traditionally recognized, as a fundamental freedom, the right of the individual to the enjoyment of property and the right not to be deprived thereof, of any interest therein, save by due process of law.
Section 26 of the charter stipulates that:
The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights and freedoms that exist in Canada.
Case law has construed this section to mean that the common law protection of Property Rights is at least not threatened by the Charter. Only the inclusion of property in the Charter, however, would enable an individual whose property rights have been infringed to have recourse to the enforcement section of the Charter. Subsection 24(1) states in part that “[a]nyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court… to obtain such remedy as the court considers appropriate and just in the circumstances.”
It has been argued that consistency demands that those fundamental rights now guaranteed by our Constitution - life, liberty and security of the person - be given their natural and essential correlate, the enjoyment of property. Some argue that to omit and deny the right to property is to diminish and indeed render meaningless the right to life, liberty and security of the person at present guaranteed by the Charter. Property and the right to enjoy it are essential features of a democratic society. The right to own and enjoy property of all types allows Canadians, whether self- employed or wage earners, to enjoy the fruits of their endeavours.
ReplyDeleteIt has been argued that consistency demands that those fundamental rights now guaranteed by our Constitution - life, liberty and security of the person - be given their natural and essential correlate, the enjoyment of property. Some argue that to omit and deny the right to property is to diminish and indeed render meaningless the right to life, liberty and security of the person at present guaranteed by the Charter. Property and the right to enjoy it are essential features of a democratic society. The right to own and enjoy property of all types allows Canadians, whether self- employed or wage earners, to enjoy the fruits of their endeavours.
ReplyDeleteSection 7 of the Canadian Charter of Rights and Freedoms
ReplyDeleteUnder The heading of “Legal Rights”, the section states:
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Security of the person
See also: Security of person
Third, there is the right to security of the person, which consist of rights to privacy of the body and its health and of the right protecting the “psychological integrity” of an individual. That is, the right protects against significant government- inflicted harm (stress) to the mental state of the individual. (Blencoe v British Columbia (Human Rights Commission),2000)