There has been a rumour that the fence property has been sold. This has not been verified so consider it as simply a rumour.
Wednesday, September 3, 2008
- With sufficient funds will conduct a legal action for a court decision on the public’s legal rights of access and use of the beach now fenced in
- Continue political pressure at municipal level to ban future fences on the beach
- Continue political pressure at provincial level to get involvement of Attorney General
- Continue political pressure at provincial level to get support for Bill 43
- Lobbied township to put a stop to construction of fence.
- Responsible for township commissioning study on fences in township
- Submitted written input to that study
- Made fences on the beach an issue in the municipal elections
- Participated in public meeting on bylaw amendments regarding fences
- Made deputation to council regarding fences on the beaches
- Numerous letters to and meetings with politicians and staff
- Wrote letters to the following:
- Minister of Natural Resources
- Minister of the Environment
- Minister of Government Services
- Minister of Municipal Affairs and Housing
- Attorney General
- Made fences on the beaches a local issue in the provincial election
- Participated in press conference at introduction of Right of Passage Act
Established connection with Shorewalk Association
- Met with opposition critic on Natural Resources
- Numerous meetings with local MPP Garfield Dunlop
- Discussions with officials of Department of Oceans and Fisheries
- Letters and phone calls with office of local MP Bruce Stanton
- Conducted two general information meetings
- Conducted 6 fund raising events
- Established blog and broadcast email lists
- Retained a lawyer and developed a legal strategy
A number of property owners along the shores of Tiny Township have taken steps to have their properties extended from the original positions to the water’s edge.
For most this is a 2 step process.
Survey to the water’s edge and apply to have the new boundaries confirmed through the Boundaries Act.
A Boundaries Act decision does not deal with ownership nor does it deal with the rights any other person or the public may have on that property.
The owners of the fenced property at Balm Beach have successfully completed Step 1.
Apply for clear or absolute title to be confirmed under the Land Titles Act.
Until a successful application has been completed under the Land Titles Act, the property is still subject to interests in land that others may have by virtue of a pre-existing length of possession or use.
PUBB is not aware that the owners of the fenced property at Balm Beach have started Step 2.
If the owners take Step 2, PUBB intends to file an objection on behalf of the public.
If the owners do not take Step 2, PUBB intends to take legal action though the courts to establish public rights of access and use of the property.
What are our Chances?
There is no sure thing but presently, in Ontario, there are many cases in which the courts have ruled in favour of the public based on the fact that “extended public use” or historical traditional use was a valid objection.
Monday, August 18, 2008
There will be a meeting to seek public input on the new draft Strategic Plan for Tiny Township. The meeting will be held at the Wyebridge Community Centre on Friday, August 29 at 9:00 am.
All those who are interested in the future of Township are urged to attend.
Monday, July 28, 2008
Over the past year, PUBB has worked very closely with its lawyer to develop a legal strategy to establish public rights to the property which has been fenced. We are now seeking to raise $60,000 to commence this process in the courts. Donations can be made to PUBB and sent to PUBB, PO Box 222, Perkinsfield, ON., L0L 2J0.
If, for any reason, the legal action does not proceed, we will return your donation so please include your name and a complete mailing address with your donation.
Why would we not proceed? This best reason would be that the Attorney General for Ontario fulfills his role of “guardian of the public interest” and takes over the case. PUBB will continue to work on that front.
Last week there were two more incidents related to the fence.
On Wednesday night, someone set fire to the fence. There was some minor damage and charring. Fortunately, no one was hurt but if the fire had become out of control, much greater harm could have been done. PUBB continues to speak out against this type of action. We believe that there is a proper and legal way to deal with the matter and we urge people to support us in that action. Below is an excerpt from a press release issued by the local detachment of the OPP. PUBB supports the police in their efforts to bring back order to the community.
“Inspector Rick Philbin, Commander, Southern Georgian Bay Detachment of the Ontario Provincial Police (OPP) wishes to advise the public that there is zero tolerance when it comes to committing criminal acts in his detachment area.
Recent events in Tiny Township involving land disputes have escalated to reports of damage to property and, most recently, arson. The level of risk to human safety is increasing to both residents, the community and to emergency responders. The actions of the very people who are participating in this criminal activity are tarnishing the reputation of the respectable people of our community.
I would like to send a strong message to those in our community who may think this type of behaviour is permissible, it is not and it will not be tolerated! The actions of these hooligans, who must feel they are making a statement, are nothing more then cowards who are lurking around at night, causing damage and putting peoples lives in jeopardy. They are also putting the property and livelihood of other business owners in the area at risk. The deliberate setting of last night’s fire, in such a windy area, could have had catastrophic implications. This civil unrest must stop! Those who feel so strongly about this private property/access issue should take the debate into the legal arena. For those who believe that they have claim of some sort to any property must make their claim legal and official. There is a process that can be taken, my advice is to get a legal opinion.
Our officers will work vehemently to find those responsible for committing these crimes and ensure they are brought before the courts to answer to the charges.”
On Thursday afternoon a teenage boy was attacked while walking in front of the fenced property. The fence owner and his son have been charged with assault.