We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; (Permits) which is the stage of the darkest periods of human history, the stage of rule by brute force.
Evidence of ultimate inversion is glaring when governments go out of its way to deny its citizens their rights under the 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 get to say otherwise?
Rights provided by the crown do not provide an exception favouring squalid provincial governments desperate for more of other people’s money!
Rights denied are rights denied and is the foreboding of the total destruction of the traditional way of life Canadians have enjoyed and have every right to expect.
Worse, the whole concept of denying rights is rapidly catching on among municipalities as a quick way of confiscate money to cover their fiscal failure.
Of the many sordid incidents already written and available on the Niagara Landowners web-site, one most discouraging examples of ‘Rights Denial’ is the Municipality of Haldimand, Ontario abuse of their elderly citizens Mr. and Mrs. John Tobey. Mr. John Tobey is a retired pastor and Mrs. Anne Tobey is a retired teacher.
Their Web-page says; Welcome to haldimand County… a grand experience.
Not so grand for the Tobey couple. The Haldimand County Mayor - Ken Hewitt
and his merry men, sent his ‘Money Finder’ to trespass on the Tobey farm
as if he had that right.
His Money Finder testified that the Tobey’s rebuild was of insufficient quality
predicated, no doubt, on his entering (Trespassing) the structure.
The mayor’s Money Finder ordered that a perfect working septic system be
replaced on the basis that the current system could no longer handle the
fallacious increase of the same number of residents. Because the Money Finder ordered the new septic system he added two separate extra fees amounting to well over $600 because the delivery would pass over Haldimand Roads.
Governments like that of Mayor Hewitt who knowingly and deliberately ignore our laws will be guilty of malicious prosecution. Governments like that of Mayor Hewitt will find that the legal cost of malicious prosecution will not be tolorated by their electorate!
The Following is a report from an NLA member…
I have attached a journal Mr. Tobey wrote since his first encounter with the local bylaw officer.
He keeps it updated, documenting his many attempts to resolve his ongoing issues with the local municipality.
Mr. Tobey is aware that we were going to make an effort to interest a journalist at the Sachem Newspaper, to cover his story. I have his permission to share his journal with you. He is appreciative of effort to assist him with resolving his never ending dispute with the
local municipal officials.
Mr. Tobey tried to make an appointment with county Mayor Ken Hewitt, who refused to see him. Mr. Tobey has made every attempt to follow Perri Pasquale’s (building inspector) advice re: needs a building permit. Mr. Tobey applied for the building permit and to this day the county has refused him one.
Mr. Tobey has been to court 18 times. His story is heart wrenching when he tells of the time the bylaw officer lied on the stand regarding the material Mr. Tobey used for his addition; stating it was used material. The result of this lie was that Mr. Tobey had to pay a hefty fine to the court.
The stress is showing on Mr. Tobey. He is not as strong in voice or energy as he was last year. Count the many times he’s been in court in 2014 and you will get a sense of what that is doing to him, then factor his age into the equation and it is a wonder that he’s still alive.
Unfortunately, Mr. John and Mrs. Anne Tobey are not able to find the strength due to age and health issues, nor have the money (fixed income) to do the David and Goliath fight with their county. Mr. and Mrs. Tobey wanted to rebuild an addition to their house which has resulted in a never ending nightmare for them.
The two should be remembered for all their good work they have done for their community (ran a food bank for 20 years, assist the homeless with shelter to this day); rather than have to deal with an unrelenting bylaw officer in Cayuga.
Hardly susecptable to Flooding
50 Feet above grade
Perfectly good building materials
Following is the disturbing log of 78 year old John Tobey, a victim government rights abuse...
23Stop work order – “Get permit”
3Cardi Construction – hauling earth to Caledonia 6Drew Cherry + 1 – from Grand River Conservation Authority – got permit
and paid $370.00
24Go to Cayuga Office re: get a permit 25Go to Cayuga Office re: get a permit
26See builder - Paul Douglas
25Paul Douglas came - gives advice
12 Mario Cardi brought some lumber 16Work on drawings, etc. 18Permit denied when taken to Cayuga office
13 Engineer – Joe Cohoan came from Brantford to estimate – between - $2,000 - $4,000 – no guarantee
21Received registered letter from County
14Cayuga Court at 1 p.m.*
12Talked with Martin Architect on Reserve – not an engineer 13Called Engineer Dean Glennie (played telephone tag) 19Talked with Charles McVety – who recommended Brian Spencer of
20Sent fax to B. Spencer 23B. Spencer came to measure building 26Toronto to see B. Spencer
13Called Brian Spencer 14Prepare paperwork for court 15 Cayuga Courthouse – 1 to 2 p.m.*
4Cayuga Courthouse – 9:30 a.m. – 11 a.m *.
23 Phone call to B. Spencer – make 3 copies of plans 24To Cayuga office for permit – denied
19Septic tank evaluators came – plans drawn up by Lyle K. of Mattice
19Phone call to Brian Spencer 20Ram Williams mobile is sold and moved out 21To Paul Douglas for advice 24Cayuga Court – 9 a.m. to 11 a.m. (remanded to December 5, 2012)* 25To Toronto to pay Vico Engineering for stamp, etc.
15Toronto – B. Spencer – cheque for $500.00
5Cayuga Court – 2 p.m.*
30Cayuga Court at 9 a.m. * 30To deal with R. William’s Mobile (not getting a permit for it)
13 To Caledonia for photos of house addition 13Cayuga Court at 1:30 p.m.*
13Received report from Vicor Engineering stating that drawings are “as built” 14Fran from Larry’s Backhoe to draw-up plans for septic system 14Cayuga office with all necessary plans – turned down by inspector 15Cayuga court at 9 a.m.*
22Phoned Dean Glennie again – phone tag – drove over to see him
3 – 4 times – not home
23To Jarvis to pick up complete septic plan from Larry’s Backhoe 23To Cayuga with plans (Municipal Office) 24Cayuga Court – 9 a.m. Fine levied for parking. R. Williams Mobile without
a permit - $500 fine) *
14Called Denis Ogden re: engineer – he suggested Zoron Engineering 15Visit to Bob Mackey 19Phoned lawyers and engineers 20To Hamilton – talked with Heather McKinnon, lawyer – 11 a.m. 24Called Zoron Engineering 26Called Zoron Engineering 27Make deal with Zoron Engineering 28 Cayuga Court – 9 a.m. * 28Called Zoron on phone – “no deal”, he said. 28Inspector Perry dePasqualie lied about what was in building – ‘used
28Judge levied fines of $900.00 + $900.00 + $600.00 = $2,400.00 – tear building down
21To Niagara Landowners meeting from 1 – 5 p.m.
20Court order delivered in a.m. re: permit
4To Hamilton to see lawyers 7Phoned lawyers in area 7Called Cindy Moyer – re: lawyers assistance – joined for $500.00 7Called Mayor Ken Hewitt 8Cayuga court – 10 a.m. – remanded to July 22nd * 15See Rob Yanch in Cayuga – engaged him as lawyer 21To Hamilton to develop pictures of building 22Cayuga court at 10 a.m. *
5Worked on drawings 8Phoned Aiden Tuite Construction – suggested Dick Featherstone Engineer of
11To Milton – engaged Feathersone 26Featherstone came at 10 a.m. – measured
15Feathestone + 1 came at 11 a.m. 23Rent cement saw for $80.00 30Cayuga court 10 a.m. *
30To Milton – Featherstone plans
24Cayuga court – “Don’t need to go.” Lawyer *
9Cayuga court *
5Beamsville – David Honey – get booklet 5Toronto – to make copy 11Silverdale Community Centre – for meeting – 7 – 9 p.m. – OLA – advice, etc.
4Bob Yanch (lawyer) came to farm 8Met David Honey in Cayuga (Tim Horton) re: plan for court 9Cayuga court 9:30 a.m. to 11;30 a.m. (David Honey and 4 other
people came) *
18Called Bluewater re: septic – told to send pictures of house and plans 24Called office for permit (Perry in Dunnville) 25Called office - paid $3, 845.00 for permit, but don’t get permit 28Waterdown – OLA meeting at Legion – 1 p.m. to 5:30 p.m. 31Cayuga court – 2 p.m. (Dave Honey and Bruce came) postponed to May 5 *
9Toronto – copies of paperwork
4Dick Featherstone came re: parging and paint on the basement walls and
5Cayuga court – 10 a.m. – remanded to June 2nd because septic sig is old * 13Silverdale Community Centre – OLA meeting 15Bill VanRavenswaay came to house 19Bill VanRavenswaay came to house 20Meeting with Erika, Preston and Willy 26Dean Glennie came 28Call Featherstone
2Cayuga court 10 a.m. * 10Attended OLA meeting at Silverdale Community Centre
NEXT COURT DATE TUESDAY, AUGUST 25, 2015 AT 2 p.m.
55 Munsee Street, North
Cayuga, ON N0A 1E0