Huron County Needs To Base Its Decisions On Law, Not Just An Opinion by John Schwartzentruber

Published March 1, 2017

When Bev Hill recently questioned county council about the lawfulness of the Huron Natural Heritage Plan, Warden Ginn claimed that they “absolutely have the right” to make any regulations the county wants for private property. (Note: We recognize that a municipality has complete autonomy to regulate public property. That authority ends where private property begins. That’s the law.)

The warden drew support for his view from a legal brief that was clearly labeled as “Legal Opinion…” It began with these words, “Summary: Our firm has been asked to provide an opinion…” And that is exactly what the county got – the opinion that past Warden Gowing solicited from law firm Garrod and Pickfield whose practice is in “Environmental, Municipal and Planning Law”. The presenter, Peter Pickfield, did a good job of delivering what the county asked for. However, for those who examined the content of his presentation, it was clear that what he delivered was “an opinion” – just as advertised on its cover.

So, that is why some were amused when the warden then dismissed a solid rebuttal (for Pickfield’s brief) by Elizabeth Marshall of All Rights Research as “…well, just an opinion”. Ms. Marshall may well be one of Ontario’s most knowledgeable experts on property law, and anyone familiar with her work knows better than to dismiss it as “…well, just an opinion”. Where Pickfield compiled a suitable collection of loosely-related case law, Marshall outlined and explained the actual laws which delineate the limitations on the powers of municipal government.

Think of it this way: suppose we were to ask two people to explain how a car works. The first, a professional racer, jumps into his machine and squeals off in a cloud of blue smoke, shouting “That’s how it works!” The other is an automotive engineer who explains the function of the engine and its connection to the wheels through the drive train. Volume vs. clarity. Which one taught you the most?

THE STRONGEST CRITIQUE of the warden’s words, “…well, just an opinion” might come from within county council. By his leave, I refer to the published words of one of county council’s respected members, Councillor Jim Donnelly. Although now retired, many will recognize and remember him as the Honorable James M. Donnelly, a highly-acclaimed lawyer and retired Ontario Supreme Court judge. We are all enriched to have available to us an autobiographic record of his past work.

In his book “Donnelly on Law, Vol III”, he states “It is incontrovertible that opinions are for hire”, followed by the observation that such occasionally “can be exposed for the chicanery that it is.” (p.263). Donnelly then refers to the amusing character in legal lore – “Nickolodian Charlie”, where you “Plug in a nickel and get any song you want”. Violà, Donnelly’s wisdom borne of experience shows the folly of hiring an “advocate” opinion, an opinion based on a predetermined bias rather than on the foundation of underlying fact or law. The county plugged in our nickel, bought the song they wanted, and are telling us to dance to their tune.

In summary, we know that there is no stronger judgment to which one can be subjected than that which is passed upon us by a respected peer, unless maybe that of an actual judge.

The County needs to base its decisions on law, not “…just an opinion”.

3 Responses to “Huron County Needs To Base Its Decisions On Law, Not Just An Opinion by John Schwartzentruber”

  1. Giuseppe (Joe) Giuliana March 24, 2017

    Well done Bev Hill for questioning and contesting county council about the lawfulness of the Huron Natural Heritage Plan. Also well done OLA members that came to your aid.
    Had it not been for all of you, another false/fake law would have been entered into the county’s books.
    I wonder how many times provincial, regional and municipal governments have gotten away with such deceitful tricks?

  2. Grace Joubarne March 1, 2017

    The legislative tricks that were installed into the Criminal Code, the Municipal Act and the Land Titles Act are the reason for all our problems. The Attorney General whose job is to prevent this violation of the International Law was complicit and continues to be complicit in the installation and continuation of these legislative ‘tricks’.

    No matter how many Crown Patents you have, you will never have absolute title–and therefore all the rights and freedoms that go with having absolute title over your property –until and unless these legislative slights of hand are removed.

    You cannot remove these legislative tricks unless you are (a) extremely wealthy with a lawyer who actually understands the entire problem all the way back to the Universal Declaration of Human Rights and you have a Judge to adjudicate that is NOT part of the conspiracy which is almost impossible to find, or (b) a Party is in power who is dedicated to the restoration of all human rights in the province through legislative correction.

    Now that the mainstream parties have strangulated us politically and economically, there is only one other way and that is a grassroots political revolution that will put into power a Party of the people. Grassroots party is dirt cheap to build…$10 membership, signing a form to collect the 1000 endorsement signatures and then spreading the momentum far and wide by talking and voting.

    Please consider that extremely intelligent, hardworking property owners and supporters have worked so hard for decades and are still, in the bigger picture, losing ground…there has to be another way that we are not considering, right? Most people fighting private property rights issues are getting up there in age…since they do not teach any of this to our youth, who is going to replace the warriors?

    I am telling you there is another way and it is much faster. It requires nothing but pulling together to build a grassroots Party dedicated to all of us. For more information please contact me at 613-422-7027 or email me at info@UPOntario.com.

    Less then 2 million voted out of the 9.5 million eligible to vote in the last election…people will not vote until there is some decent party to vote for, with expressed and reliable solutions for all…the UPOntario has that…all we need is grassroots support…signature on this endorsement form so we can clear the arbitrary Elections Ontario hurdle installed to discourage challengers, no fee, no committment: http://media.campaigner.com/media/45/455530/Form%20P-4%20FINALwithname%20added.pdf Petition Form

    Many thanks for considering all this.

  3. Art Jefford March 1, 2017

    In My Canadian Property, My Monarchy Her Majesty Queen Victoria in a “Two Party Contractual Agreement” binding The 1st Party Her Majesty’s Windsor Family Heirs forever in a “CEDED” Crown Land Titleholder Grant Patent to the 2nd Party The James Dunbar Family now legally “Assigned” to My Arthur Jefford Family with Granted sovereign Rights, Entitlements,and Freedoms to My 92 acres, Manor Home and Manor Lands now known as The Village of Sundridge, in The Township of Strong, Part of The District of Parry Sound, Ontario, Canada. (refer SCC Decisions on issues)
    As The Monarchy ceded Titleholder to My private lands no other individual called The Corporation of; (a) The Corporation of The Village of Sundridge, or (b) The Corporation of The Township of Strong, or (c) The Corporation of The Province of Ontario, or (d) The Corporation of Canada, or (e) The Queens Representatives Govener General for Canada, or (f) The LieutenantGovener of Ontario, or (g) The 1st Party Signatory Of even Her Majesty The Queen …CAN NOT with out your the Other 2nd Party prior concentrate change our contractual agreement
    Note! (A Corporation can only administer i’s own assets) (Once The Queen has ceded to others as agreeing to help The Empire secure all of Canada for The British Empire, All The Queens men can onl administer Her retained Crown lands)
    My Canadian Government Officials claim they have the right to seize all my lands, buildings, contents, belongings, vehicles, boats, aircraft, businesses, work, jobs, food and water and evict us undesirables out of Their Community on to the street homeless and now even remove or mailing or communication address after raiding 3 successive properties
    Our Canadian Lives have been Devastated by My CanadianGovernment TERRORISM breaching Canadian Legislation Bill C51 “Anti-Terrorism Act” in it’s “Definition of Terrorism” Canadian Criminal Code Section 83.01 over 20 sections multiple times.
    In addition My Monarchy Corporation Governments Operating as a criminal Organization breached My Magna Carta Section 39, My Canadian Constitution and My Canadian Charter Rights and Freedoms
    My Canadian Badly Acting Rogue Bull Government Officials Like ISISTerrorists bull dozed their ancient heritage at Nimrud and Pymera Syria My Canadian Government bull dozed My Canadian heritage site in a similar TERRORIST ACT
    Respectfully The loss of One Persons Rights and Freedoms … Is the Erosion of The Rights and Freedoms of All Persons
    What do U Think?


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