We are in the final stages of preparing a Constitutional Challenge based on our Pre-Confederation Crown Grants, also known as Letters Patent.
Our goal is to reestablish and have acknowledged and respected the rights given and granted to the original grantee by the reigning Sovereign, his heirs and successors, when our land was alienated from the Crown and put in private ownership.
The purpose of our original grants was to gift land to settlers and soldiers, have the land worked and made productive, and in return the land was ours to use as we saw fit subject to the common law. The grants after Confederation were granted by the Province of Ontario, and as such are subject to the regulation and policy of the province, but ours were granted before the Province of Ontario existed and as such, were never “in” the province. You see, the Crown could not give the Province of Ontario or the Dominion of Canada what it had already given to those original grantees. Our grants are “matters of record”. They form the root of title and as such are the first entry in the land Register of our Registry System. They are contracts between the original grantees and the Grantor, being the Sovereign of the Crown, his heirs and successors. These two party contracts, along with any deeds form the basis for this challenge and with each passing day, we are more confident than ever that we will be successful.
What will this mean to you, the current owner of land granted before Confederation. First and foremost, provincial statute, provincial policy and bylaw may no longer apply to your property. It will not mean that you can do anything you like, but it may mean that you may reclaim the rights you were deeded which include the right to sever acreage if you so desire, the right to dig a pond or put up a barn, the right to quiet enjoyment without restriction by conservation authorities, heritage designations, the Niagara Escarpment Plan and the greenbelt, to mention a few.
Common law implies both common sense and common to the area. Most importantly, common courtesy and respect for the neighbouring property owners. Your grant will never allow you to divert water from your neighbours property, or block the sunlight. It won’t allow you to disturb his quiet enjoyment in any way. But if you choose to use your property in a way that doesn’t offend your neighbour, you may, as your granted rights allow as stated on your patent/Grant.
A number of Landowners from the Niagara Landowners Association and the Hamilton/Halton Landowners Association have been researching our grants for years. Led by Tony Kaluzny, we have found proof of the original intent, SCC rulings that confirm our position and original statute from the Sovereign that expresses the rights of the grants going forward. We have put in tens of thousands of hours and tens of thousands of dollars. This is how we got started.
Now we need your help. We calculate this could cost $100,000. The faster we are able to get the money to proceed, the faster we will have our property rights issue resolved. Please contribute and help us get this done!