LANDOWNERS GEAR UP TO PROTECT THEIR RIGHTS

This ran in the Sun

By Brian Lilley, Parliamentary Bureau

OTTAWA – A group dedicated to protecting property rights for landowners said it is encouraged by the legal victory of an Ontario family that faced massive fines for “improperly” using their own land.

The Ontario Landowners Association has plans to keep pushing for recognition of property rights after a town council in Clarington, Ont., dropped charges, and possible fines of $50,000, against the Jaworski family.

The family’s crime: hosting 72 people at their farm for a seminar on freedom.

“It’s good to see landowners win a case like this,” said Deborah Madill, executive director of the Ontario Landowners Association.

The OLA is trying to educate landowners across Canada about a little known legal document called Crown Land Patents. The patents are the original contract between the crown and the person who acquired the land from the government as Canada was settled.

Those contracts are still in effect today, even for people owning small suburban lots that form only a piece of the original property.

Bob Mackie wasn’t among the lucky contenders. He has been fighting an attempt by the Niagara Escarpment Commission to shut down his archery business. The NEC ordered Mackie to stop all archery activities and remove a sign, portable classroom and an addition on his home.

He lost his case before a Justice of the Peace and was fined $15,000.

“The Justice said she did not have authority to rule on the Patent Grants,” Mackie told QMI Agency.

Mackie points to his patent, dating back to 1798, as his legal defence. Land patents have been upheld by the Supreme Court and in several Superior Court decisions, but Mackie said many court officials don’t know how to deal with the patents.

“Most times, a simple issue is dragged out so long that the defendant is bankrupted or gives up,” Mackie said.

The OLA claims that holding a copy of the patent for your land can help fight intrusive bylaws that might infringe on your property rights, such as bylaws outlawing the cutting down of even a single tree on private property.

Not all land is covered by a land patent, but the often-ancient documents do apply across Canada and the OLA has been working to build resources to help landowners exercise their rights.

Do you have an overly intrusive bylaw in your town? Email us – brian.lilley@sunmedia.ca

http://www.torontosun.com/news/canada/2011/02/15/17288966.html