OPP tell CANACE: Land Title deeds do NOT prove ownership

13 07 2008
UPDATED 1100 EST July 23/08

This article is based on an inquiry from a reader, Jim Edgeworth, regarding a CANACE report for which we had yet to post the supporting video evidence. Thank you for your inquiry, Jim. Readers can obtain additional background information from the reference links at the end of this article. 

“I saw an article that quoted an OPP officer as stating ” The Ontario Land Registry is not considered proof of ownership by the OPP. I would like to track that down.

“If true it is a interesting situation. Why register any property with the Ontario Gov.? The Banks will need to review all loans that are secured with Real Estate. The Ontario Gov. will sooner or later exhaust all places to hide from doing the job they were elected to do. The USA is in a mortgage meltdown, Canada could do better with this!”

CANACE REPLY: Hi Jim. Thank you for the inquiry. Yes, it’s quite true.

Here are the links to two videos recorded by CANACE co-founder Jeff Parkinson while Executive Director Gary McHale and Director of Research Mark Vandermaas spoke to the OPP site commander Sergeant Michaud on May 12/08 when a Cayuga builder authorized CANACE to gather evidence to support criminal charges against natives who had shut down their townhouse development. The links can now also be found in CANACE ‘extortion’ charges certified by Ontario Court of Justice. 

Sgt. Michaud explains that Ontario's Land Title deeds are NOT sufficient proof of ownership for the OPP. May 12/08

Video 1: shows, A: the Sergeant explaining that land title deeds are not sufficient to prove land ownership to the OPP’s satisfaction(!) and B: that the OPP is being directed by the Crown Attorney not to enforce the law.

This conversation took place just 5 days after CANACE released its ‘Legalized MYTHS of Illegal Occupations‘ report in which we exposed the utter lack of legal justification for allowing natives to break the law. The sergeant later admitted to us on camera (not included in these clips) that he had read our material. The public should have no doubt that the OPP is very well aware they have no legal basis for refusing to protect land owners.

Video 2: shows the builder asking the natives to leave. They refuse. OPP refuse to arrest.

Note: As noted above, the original video footage from which these clips were taken was used as evidence in private prosecutions by CANACE Executive Director Gary McHale with supporting testimony by CANACE’s Director of Multimedia Production Jeff Parkinson to certify a total of 9 criminal charges against two native protesters for Extortion, Intimidation and Mischief in the Ontario Court of Justice. See reference links at the bottom of this article for additional information.

The implications of allowing landclaim lawlessness to continue are frightening

Is it not frightening to think that persons of a particular race with a grievance can just show up at your property, demand money and the title deed without any proof, without ever going to court and obtaining judgement, and the OPP will refuse to remove or prosecute them?

Even more frightening, even though Six Nations have not brought any claim for the Haldimand Tract into a courtroom, Brantford developers, frustrated with the refusal of police to end illegal occupations, have now banded together to try to get the City to pay portions of their revenues to Six Nations even though the Supreme Court has ruled that third parties have NO duty to consult or accommodate aboriginal concerns during unproven claims. That duty and the liability for failing to do so falls on the Crown and cannot be delegated.

Instead of going after the McGuinty government which DOES have the duty, these developers are trying to hatch a scheme to have municipal taxpayers turn over money to an unelected, unaccountable criminal organization (HDI) which MPP Toby Barrett and Bob Runciman have already accused of extortion:

Two HDI activists have been successfully charged (not yet convicted) with Extortion, Intimidation and Mischief by CANACE Executive Director Gary McHale via private prosecutions. A third native leading illegal occupations in Brantford on behalf of HDI – Steve Powless – was charged by the OPP for punching Mr. McHale in the head during an unprovoked assault that occurred on Dec 01/08 when Caledonia residents were peacefully attempting to protest at yet another new illegal smokeshack that was selling cigarettes to their children.

After two Brantford Police officers were punched on July 14/08 during an attempt to arrest a native protester blocking a cement truck from entering a construction site, Mr. Powless made this outrageous threat against the people of Brantford:

They’re going to have one hell of a fight now,” said Steve Powless, who spoke on behalf of the protesters. “This is going to be Caledonia Part 2. They don’t understand what they’re in for. They [Brantford Police] just have a little rinky-dink force,” Powless said. “I don’t know how they’re going to stop us.”

Hamilton Spectator/Canadian Press, July 14/08: Aboriginal protesters in Brantford vow ‘one hell of a fight’ after arrest  [PDF]

On Tuesday July 15/08 Mr. McHale is going to file additional criminal charges against the main ringleaders of HDI since police continue to refuse to do so.

These are the people who make up the gang to which developers wish to pay not to commit any more crimes.

Dangers of allowing landclaim lawlessness to continue unopposed

As a licenced real estate broker, CANACE co-founder Mark Vandermaas is very concerned about the destruction of confidence in the land titles system, the rule of law and Ontario’s economy that is forcing businesses and politicians to even consider giving in to extortion. The implications of allowing land claim lawlessness to go unchecked are frightening. Every real estate agent, organization and lending facility should know what is happening and understand the great dangers posed by landclaim lawlessness and the blatant, illegal refusal of the police to enforce the law and recognize land title deeds:

The real estate business, as with all businesses, requires the predictability of the rule of law. CANACE is prepared to speak to any real estate or financial organization that is willing to listen in order to help them understand the grave urgency of demanding that the government and police protect both the economy of Ontario and the rights of innocents by enforcing the law and insisting that native protesters take their grievances into the courtroom.

CANACE founders will continue to hold accountable those responsible for failing to uphold the law. We have used and will continue to use private prosecutions to lay charges against those responsible for criminal activities in connection with illegal occupations. We will not allow the rule of law to be destroyed without a fight.

CANACE can help

If you are a builder in the Haldimand/Brant area coping with the intimidation and extortion attempts associated with illegal occupations of your development, please read the material below carefully, especially the ‘Legalized MYTHS’ report, then contact CANACE at info@canace.ca to set up a consultation.

If think your organization would benefit from a private CANACE presentation, please contact us at info@canace.ca to make arrangements. We will be pleased to send you biographical information and a resume of our personal accomplishments.

CANACE is conducting a public presentation based on our ‘Legalized MYTHS of Illegal Occupations’ report on Monday, July 21/08 at 7pm in the Cayuga Lions Hall. This presentation will also cover developments since its inital release on May 07/08.

Mark Vandermaas
Director of Research


  • CANACE report: Legalized MYTHS of Illegal Occupations
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    2 responses

    14 07 2008
    WL Mackenzie Redux

    I have recently written the minister of consumer and corporate affairs asking if an Ontario land titles system deed issued by the province and on file with the registry is backed up by the Ontario courts and the force of law. I intend to pass along the answer (or non answer) not only to interested local MSM and internet sites but in the investment and business communities in Canada and the US. IF there is no force of law backing Ontario land title deeding why develop or buy here?

    I think I know what my answer will be, because like the oily lawyers the current regime employs to pour over statutes looking for loopholes to absolve the government from liability or responsibility, I think I found a statute glitch in the land title’s act where enforcement is concerned. It can work for for any deed holder caught between the OPP abandonment of duty to enforce and the government failing to initiate action on illegal claims and trespass.

    Contact me off line if interested Mark….but being a realtor I suspect you know this.

    CANACE REPLY: Thank you for your comments and offer. Please keep us informed send any suggestion you have, as well as a copy of any correspondence you receive from the Ontario government. If they don’t answer, contact the Ontario Ombudsman.

    14 07 2008
    Jim Edgeworth

    I wonder how the Walpole Island Natives reactions to Shell Oils new refinery in Sarnia is related to Shells change of heart and calling the project off, how much is this part of the ” if I am not sure who owns the land and is there law to protect that ownership” ? If not, it would be foolish to commit Eight ( 8 ) Billion dollars.

    I think I am on firm ground thanking McGuinty and his lack of courage for this loss to Ontario’s economic health. Stay tuned folks this is just the start !

    CANACE REPLY: Thank you for the comment, Jim. We do not know if Shell’s cancellation of the plan is related in any way to native issues. According to the Financial Post, it was due to poor market conditions and surging construction costs, although the article does say it was opposed by environmental groups.

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