WFP has received NUMEROUS reports of Rights violations by our by-law enforcement “officer” Tim Lewis. Victims have allegedly had Tim Lewis trespass on their property, taking photos and looking in windows, all based on “anonymous complaints”.
No one has the authority to trespass and violate your Rights. Your landlord can’t enter your property without giving 24 hour notice, unless you give them consent or if there is an obvious emergency. A police officer can’t entry your property without a warrant or your consent. Your neighbour, a stranger, or the Prime Minister can’t entry your property either.
If the police, Prime Minister and your landlord can’t enter your property without warrant, notice and consent, then a low level town employee certainly does not have that Right. Your council does not have the power to override your Charter of Rights. If the Prime Minister can’t authorize someone to trespass on your property, then reeve neil vincent and his council certainly can’t.
North Huron’s “property standards by-law” has been used to target “dissidents” and anyone that dares speak up. When a freedom of information request was filed to see a complaint that was allegedly filed against a FreePress’er, it was flatly denied by the CAO.
Winghamites and North Huronians continue to be victimized and targeted by an unconstitutional by-law department. Victims have had the North Huron by-law department violate our Canadian Charter of Rights, The Trespass to Property Act, and two UN Covenants to which Canada is signatory.
Under the Trespass to Property Act, R.S.O. 1990, c. T.21, property owners, tenants/occupiers have the legal right to refuse entry to their homes and/properties.
Under the Trespass to Property Act, R.S.O. 1990, c T.21, entry is prohibited without any notice to gardens, fields, land under cultivation, lawns, orchards, vineyards or enclosed areas designed to keep people out.
Trespass Act
3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises,
(a) that is a garden, field or other land that is under cultivation, including a lawn, orchard, vineyard and premises on which trees have been planted and have not attained an average height of more than two metres and woodlots on land used primarily for agricultural purposes; or
(b) that is enclosed in a manner that indicates the occupier’s intention to keep persons off the premises or to keep animals on the premises. R.S.O. 1990, c. T.21, s. 3 (1).
Under section 7, 8 and 9 of the Canadian Charter of Rights and Freedoms all persons have the right to their liberty and security of person and to not be detained by anyone for questioning without their prior informed consent.
Canadian Charter Of Rights And Freedoms
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
8. Everyone has the right to be secure against unreasonable search or seizure.
9. Everyone has the right not to be arbitrarily detained or imprisoned.
Under the Criminal Code of Canada persons have the right to defend their property and person.
Defense of Person and Property
35 (1) A person is not guilty of an offence if
(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;
(b) they believe on reasonable grounds that another person
(i) is about to enter, is entering or has entered the property without being entitled by law to do so,
(ii) is about to take the property, is doing so or has just done so, or
(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;
(c) the act that constitutes the offence is committed for the purpose of
(i) preventing the other person from entering the property, or removing that person from the property, or
(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and
(d) the act committed is reasonable in the circumstances.
Under the Trespass to Property Act, R.S.O. 1990, c. T.21, trespassing is an offence without the express permission of the occupier. Refusing to leave immediately when directed by the occupier is also an offence under the act.
Trespass an offence
2. (1) Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission of the occupier, the proof of which rests on the defendant,
(i) enters on premises when entry is prohibited under this Act, or
(ii) engages in an activity on premises when the activity is prohibited under this Act; or
(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier.
Under the Trespass to Property Act, R.S.O. 1990, c T.21, any person caught violating the the Trespass Act may be arrested by the occupier, occupier’s agent, or police officer without warrant
Trespass Act: Arrest without warrant on premises
9. (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2. R.S.O. 1990, c. T.21, s. 9 (1).
Under the International Covenant on Civil and Political Rights all people have the right to pursue their own economic development and in no case shall a person be deprived of any means of self-subsistence.
International Covenant on Civil and Political Rights: Article 1.
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
Under the International Covenant on Civil and Political Rights no State, person or group shall perform an act that will infringe on any rights or freedoms.
International Covenant on Civil and Political Rights: Article 5.
1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms recognized herein or at their limitation to a greater extent than is provided for in the present Covenant.
2. There shall be no restriction upon or derogation from any of the fundamental human rights recognized or existing in any State Party to the present Covenant pursuant to law, conventions, regulations or custom on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.
Under International Covenant on Economic, Social and Cultural Rights people have the inherent right to freely utilize their natural resources and wealth.
International Covenant on Economic, Social and Cultural Rights Article 25
Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources.
