Monday, October 15, 2007

Could the answer be this simple?

A letter to the editor in today's Spectator suggests two methods be used for dealing with Caledonia-type issues - Preventing the Crisis.

The first is to "ensure the provincial government stops issuing licences and permits to build, mine, etc. on native or contested land without the permission of the First Nations concerned..."

This is something that has puzzled me since the Caledonia occupation/reclamation began. How did those building permits get issued in the first place. Isn't the Ontario government extremely negligent here?

The second suggestion by Mr. Sorger is that the Feds speed up the land claim resolution process. I think that one is easier said than done, but you do wonder why this seems to drag on. Of course, why take millions, if you're willing to hold out for 'billions'?

* * * *
Backgrounder - Interesting but complicated history here - Difficult to Resolve.

Related: Native Protester's lawyer using obscure treaty to derail CH case. (Spectator)


John M Reynolds said...

It is the municipality that issues building permits.

Joanne (True Blue) said...

John, isn't the province involved in title registration?

Lemon said...

I did something on this a while ago.
Land Title is a provincial jursidiction and service.
Land Claims Mess

Joanne (True Blue) said...

Land Title is a provincial jursidiction and service.

Thanks for clarifying that, Brian.

John M Reynolds said...

The province incorporates the business looking to build.

A quick look through the municipal act:
It does mention that the planning act comes in for rezoning, but zoning bylaws (23.3) must be done by council. Upper-tier municipalities may confuse the issue a bit, but the ability to issue permits rests with the municipality.

69. (1) 6 Railway systems of railway companies incorporated under federal or provincial statutes.

As well,

158. (1) The Minister may make regulations,

(a) exempting any business or class of business from all or any part of a by-law providing for a system of licences under any Act, including self-regulated businesses;

(b) imposing conditions and limitations on the powers of a municipality under this Act to provide for a system of licences with respect to a business;

(c) prohibiting municipalities from imposing on any business, in respect of which a provincial certificate has been issued, a condition on a licence requiring testing on the subject-matter of the certification. 2006, c. 32, Sched. A, s. 82.

The planning act:
has a definition of "provincial plan," but if the area is not

I did not go through any regulations, nor through the new city of toronto act.

In a nutshell, the problem is not the issuing of permits, but the sale of the land itself.

Joanne (True Blue) said...

In a nutshell, the problem is not the issuing of permits, but the sale of the land itself.

Which is under the jurisdiction of the provincial government, right?

P.S. - To the anonymous person who just left a comment... Perhaps you could try rephrasing it, in a less racist manner? Thanks.

bluetech said...

Joanne...only slight did the elction go in the Caledonia area? It was non-news before the election, and I don't recall hearing the results as being a 'statement' to Mcguinty in that area.

Möbius said...

It takes a lot of time because lawyers get paid by the hour.

Really, does it take 10-15 years to find the appropriate historical documents, reasonably interpret their meaning, and make a judgement?

Joanne (True Blue) said...

Bluetech, I'm puzzled about that too. I'm assuming that the Conservative candidate won. The Liberals probably felt there was no hope there.

Very cool site here. Is Toby Barrett in the Caledonia area? If so, it was a landslide.

Anonymous said...

Thanks Joanne. I had already visited that site but I'm not sure how to identify that electoral district. Isn't it strange that we have dig this info up...and we thought Caledonia was going to be an election issue..ha!

...what election?

Joanne (True Blue) said...

Bluetech, it puzzles me too. I thought we'd be hearing a big uproar after the election.

Maybe they've simply given up hope.