Some other information which pertains to elected officials and enforcement officers of all creeds.
Under the Criminal Code of Canada:
“municipality” includes the corporation of a city, town, village, county, township, parish or other territorial or local division of a province, the inhabitants of which are incorporated or are entitled to hold property collectively for a public purpose;
Under the Criminal Code of Canada, the definition of a municipality means that the municipal corporation may acquire a public assent under sections 10 and 11, subsection 2, part 4. Without having done this there is no authority to exercise any authority by the municipal corporation, as it states:
4. Public assets of the municipality acquired for the purpose of exercising its authority under this or any other Act.
This would include the Planning Act, the Conservation Authorities Act, the Building Code, etc. The property/asset must be for public purposes and/or community improvement. Under the Planning Act there is no authority granted to plan for property which is not an asset acquired/owned by the municipal corporation.
If they haven’t take the “Oath of Allegiance” they are “Personating peace officer” under section
130. (1) Everyone commits an offence who
(a) falsely represents himself to be a peace officer or a public officer; or
(b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.
(2) Everyone who commits an offence under subsection (1)
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.
R.S., 1985, c. C-46, s. 130; 2009, c. 28, s. 2.
Question…does the OSPCA enforcement officers take the oath? Has all conservation authority enforcement, municipal by-law enforcement, building inspectors, etc., taken the oath? If they have then they are in violation when the implement a search without a warrant, because they haven’t the legal authority to implement warrantless entry…if they haven’t sworn the oath then they are open to this breach, of 130 of the Criminal Code of Canada…under the CCC a “peace officer” is defined as:
“peace officer” includes
(a) a mayor, warden, reeve, sheriff, deputy sheriff, sheriff’s officer and justice of the peace,
(c) a police officer, police constable, bailiff, constable, or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process,
25.1 “public officer” means a peace officer, or a public officer who has the powers of a peace officer under an Act of Parliament.
Under the CCC “property” is defined as:
(a) real and personal property of every description and deeds and instruments relating to or evidencing the title or right to property, or giving a right to recover or receive money or goods,
(b) property originally in the possession or under the control of any person, and any property into or for which it has been converted or exchanged and anything acquired at any time by the conversion or exchange,
(c) any postal card, postage stamp or other stamp issued or prepared for issue under the authority of Parliament or the legislature of a province for the payment to the Crown or a corporate body of any fee, rate or duty, whether or not it is in the possession of the Crown or of any person;
8. (1) The provisions of this Act apply throughout Canada except
(a) in Yukon, in so far as they are inconsistent with the Yukon Act;
(b) in the Northwest Territories, in so far as they are inconsistent with the Northwest Territories
(c) in Nunavut, in so far as they are inconsistent with the Nunavut Act.
(2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of
(3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament. R.S., 1985, c. C-46, s. 8; 1993, c. 28, s. 78; 2002, c. 7, s. 138.
Municipal by-laws are not an act of parliament.
21. (1) Every one is a party to an offence who
(a) actually commits it;
(b) does or omits to do anything for the purpose of aiding any person to commit it; or
(c) abets any person in committing it.
(2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any
one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence.
R.S., c. C-34, s. 21.
72. (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a
breach of the peace.
(1.1) For the purposes of subsection (1), it is immaterial whether or not a person is entitled to enter the real property or whether or not that person has any intention of taking possession of the real property.
(2) A person commits forcible detainer when, being in actual possession of real property without colour of right, he detains it in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person who is entitled by law to possession of it.
(3) The questions whether a person is in actual and peaceable possession or is in actual possession without colour of right are questions of law.
R.S., 1985, c. C-46, s. 72; R.S., 1985, c. 27 (1st Supp.), s.
10; 1992, c. 1, s. 60(F).
122. Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or
breach of trust would be an offence if it were committed in relation to a private person.
R.S., c. C-34, s. 111.
128. Every peace officer or coroner who, being entrusted with the execution of a process, wilfully
(a) misconducts himself in the execution of the process, or
(b) makes a false return to the process,
is guilty of an indictable offence and liable to
imprisonment for a term not exceeding two
R.S., c. C-34, s. 117.
When obtaining warrants…
131. (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation,
by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.
430. (1) Every one commits mischief who wilfully
(a) destroys or damages property;
(b) renders property dangerous, useless, inoperative or ineffective;
(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property;
(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.
380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or
valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence
exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.
385. (1) Every one who, being a vendor or mortgagor of property or of a chose in action or being a solicitor for or agent of a vendor or mortgagor of property or a chose in action, is served with a written demand for an abstract of
title by or on behalf of the purchaser or mortgagee before the completion of the purchase or mortgage, and who
(a) with intent to defraud and for the purpose of inducing the purchaser or mortgagee to accept the title offered or produced to him, conceals from him any settlement, deed, will or other instrument material to the title, or any encumbrance on the title, or
(b) falsifies any pedigree on which the title depends,
is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
**all legal counsel and peace officers should be very concerned with section 385, as it would seem there is/has been instances of lawyers refusing the deliver up deeds, etc., and the Land Registration Reform Act, violates this section.**
386. Every one who, as principal or agent, in a proceeding to register title to real property, or in a transaction relating to real property that is or is proposed to be registered, knowingly and with intent to deceive,
(a) makes a material false statement or representation,
(b) suppresses or conceals from a judge or registrar, or any person employed by or assisting the registrar, any material document, fact, matter or information, or
(c) is privy to anything mentioned in paragraph
(a) or (b),
is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
R.S., c. C-34, s. 344.
387. Every one who, knowing of an unregistered prior sale or of an existing unregistered grant, mortgage, hypothec, privilege or encumbrance of or on real property, fraudulently sells the property or any part thereof is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
R.S., c. C-34, s. 345.
423. (1) Every one is guilty of an indictable offence and liable to imprisonment for a term of not more than five years or is guilty of an offence punishable on summary conviction who, wrongfully and without lawful authority, for
the purpose of compelling another person to abstain from doing anything that he or she has a lawful right to do, or to do anything that he or she has a lawful right to abstain from doing,
(a) uses violence or threats of violence to that person or his or her spouse or common law partner or children, or injures his or her property;
(b) intimidates or attempts to intimidate that person or a relative of that person by threats that, in Canada or elsewhere, violence or other injury will be done to or punishment inflicted on him or her or a relative of his or
hers, or that the property of any of them will be damaged;
(c) persistently follows that person;
(d) hides any tools, clothes or other property owned or used by that person, or deprives him or her of them or hinders him or her in the use of them;
(e) with one or more other persons, follows that person, in a disorderly manner, on a highway;
(f) besets or watches the place where that person resides, works, carries on business or happens to be; or
(g) blocks or obstructs a highway.
WILFUL AND FORBIDDEN ACTS IN
RESPECT OF CERTAIN PROPERTY
428. In this Part, “property” means real or personal corporeal property
429. (1) Every one who causes the occurrence of an event by doing an act or by omitting to do an act that it is his duty to do, knowing that the act or omission will probably cause the occurrence of the event and being reckless
whether the event occurs or not, shall be deemed, for the purposes of this Part, wilfully to have caused the occurrence of the event.
(2) No person shall be convicted of an offence under sections 430 to 446 where he proves that he acted with legal justification or excuse and with colour of right.
(3) Where it is an offence to destroy or to damage anything,
(a) the fact that a person has a partial interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage; and
(b) the fact that a person has a total interest in what is destroyed or damaged does not prevent him from being guilty of the offence if he caused the destruction or damage with intent to defraud.
R.S., c. C-34, s. 386.
337. Every one who, being or having been employed in the service of Her Majesty in right of Canada or a province, or in the service of a municipality, and entrusted by virtue of that employment with the receipt, custody, management or control of anything, refuses or fails to deliver it to a person who is authorized to demand it and does demand it is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
R.S., c. C-34, s. 297.
Director Canadian Justice Review Board
Director of Research Ontario Landowners Association
President All Rights Research Ltd.,
I am not a lawyer and do not give legal advice. Any information relayed is for informational purposes only. Please contact a lawyer.
“EMINENT DOMAIN. – So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community. If a new road, for instance, were to be made through the grounds of a private person, it might perhaps be extensively beneficial to the public; but the law permits no man, or set of men to do this without consent of the owner of the land…Besides the public good is in nothing more essentially interested, than in the protection of every individual’s private rights…”
Blackstone Commentaries, 2:138-9