Manitoba RM takes Farmers Land

[Fransisco]

Here is one for all of you who believe that Canada isn't a Socialist country.


<b>High court approves RM’s expropriation
Farmer’s land to become tourist site</b>

Mon Oct 1 2007

By Kevin Rollason
The province’s highest court has ruled a municipality has the right to expropriate a farmer’s land to turn it into a tourist attraction.

In a unanimous decision, the Manitoba Court of Appeal has given the green light to the Rural Municipality of Ellice to expropriate 288 acres of pasture land owned by 86-year-old Arthur Fouillard.

Reeve Guy Huberdeau said he hopes this is the last of the court proceedings so the municipality can begin developing the site of the Fort Ellice trading post on the Assiniboine River.

“We’re hoping to take possession of the land almost immediately,” Huberdeau said.

::

The RM and the community of St. Lazare have wanted to develop the site for years, even having a plan to put an interpretive area and fairground there, but after negotiations with Fouillard appeared to go nowhere, the RM’s reeve and council decided to go ahead and expropriate the site, including the road the family built to access their property.

The Fouillard family owns about 3,500 acres of property, including land with the ruins of the trading post.

Last year, Marcel Fouillard, Arthur’s son, told the Free Press that the family had offered to sell 100 acres to the municipality. But while a mediator hired under the Expropriation Act agreed to the family’s proposal, the RM turned it down and went ahead with expropriation.

The family went to court and last year a Court of Queen’s Bench justice agreed with the RM. The family appealed that judgment, but in a 20-page decision, the Appeal Court rejected their arguments.

[Fransisco]

Anyone want to take a guess at what would happen to these guys if they set up a 'Caledonia' style blockade?

[Fransisco]

Thugs, that RM is being run by a bunch of thugs. Dirty, rotten, stinkin', <b>THUGS!!</b>

[Jay-mo]

Something like this sends a clear message to land owners. If you find something of historical significance on your land and you're not prepared to give it away, make sure you either hide or destroy whatever is on your land to keep the government from robbing you.

[silverback]

There has been a lot of talk around these parts of wanting to travel to Manitoba to visit such a tourist attraction. I would say even 1 or 2 people a year might be interested in these "ruins".

Canada at its worst.

[wd9]

Land owner, right. Don't pay your taxes and find out how much of an owner you really are!

[broker]

wd, what do you think should happen if you don't pay your taxes?

[agstar77]

This discussion would be better under rural issues.

[Burbert]

Don't you know that in the Dominion of Canada, there is no right to the private ownership of anything. The bill of rights has no provision, indicating that anything can be privately owned. The Crown can swoop in at any time, and take everything that you possess, your combine, your grain, your house, your car, your dog, your cat, your boots, your carpet, your gun, your ammo, your door, your floor, your roof, your walls, your windows, your furnace, your insulation, your wood, your hood, all of it, if it wants too. Guess freedom does have a price after all

[charliep]

Burbert

Should stay out but under your thinking, what is the difference between farmland and wheat?

[broker]

Burbert, "your" an idiot...maybe they'll take you!

[Fransisco]

"In this sense, the theory of the Communists may be summed up in the single sentence: Abolition of private property. – Manifesto of the Communist Party - Karl Marx and Frederick Engels"

[TOM4CWB]

Burbert,

I agree the courts have not generally respected private property rights... unless the property is held by special interested people...

But what about what the LAW in Canada does say?

here it is... and Madam Justice Loiuse Arbour no less said she thought it was sad the Canadian Judicial System didn't apply this law:

PART I

BILL OF RIGHTS

Recognition and declaration of rights and freedoms
1. It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely,

(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law;

(b) the right of the individual to equality before the law and the protection of the law;

(c) freedom of religion;

(d) freedom of speech;

(e) freedom of assembly and association; and

(f) freedom of the press.

Construction of law
2. Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgment or infringement of any of the rights or freedoms herein recognized and declared, and in particular, no law of Canada shall be construed or applied so as to

(a) authorize or effect the arbitrary detention, imprisonment or exile of any person;

(b) impose or authorize the imposition of cruel and unusual treatment or punishment;

(c) deprive a person who has been arrested or detained

(i) of the right to be informed promptly of the reason for his arrest or detention,

(ii) of the right to retain and instruct counsel without delay, or

(iii) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful;

(d) authorize a court, tribunal, commission, board or other authority to compel a person to give evidence if he is denied counsel, protection against self crimination or other constitutional safeguards;

(e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations;

(f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause; or

(g) deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.

Burbert... name a good reason why this "Bill of Rights" should not count and apply to "Private Property Rights" in Canada?

[sumdumguy]

Maybe there is a good case for elected judges, rather than political appointees.

[Fransisco]

If I put on my Devils advocate horns on the loophole is right here...

"(a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof <b>except by due process of law;</b>"

That's what allows governments to steal.