Gen X at 40

Canada's Favorite Blog

Comments

Paul of Kingston -

Curious that the Chippewans would claim access and ownership over the built structures and not just their land. I recall similar arrangements in BC where the cottagers were given the option of removing there buildings or selling them to the band. All sounds a bit bungled.

Alan -

Not curious at all. Buildings become fixtures to the land unless the lease states otherwise.

Ben (The Tiger) -

I was just going to ask about fixtures... silly cottagers, they should have removed their buildings before the lease was up.

Alan -

It is just another example, if a little strained, of that old chestnut <i>nemo dat quod non habat</i>.

Ben (The Tiger) -

Good for the Chippewans. Property rights are the lifeblood of a free society.

"Get off my land!" :p

Hans -

Is it Friday already?

sean liddle -

I remember hearing of the dispute quite a while ago on CBC. Apparently (as I remember it) it isn't as cut and dry as it sounds in that the lease has not exactly expired yet. Therefore how can anyone claim ownership under Canadian law and lay claim to the lands and the buildings etc. leasees the chance to remove their belongings. Just seems wrong.

Alan -

Actually, the leases terminated 13 years ago according to this report from the Toronto Star from January 2007 copied here:<blockquote class="smalltext">The Gibbs family was one of the first to build on the stretch of waterfront on the southern side of Hope Bay. Although the land was part of the Cape Croker reserve, they made their lease payments to the federal government. All the leases expired in 1995 and since then negotiations between Ottawa and the Nawash to reinstate long-term leases could not be resolved. "It wasn't us negotiating. It was out of our hands," said Gibbs. The cottagers continued to make their lease payments to the federal government until 2005, when the Nawash band council voted to again designate the subdivision for leasing. But that fall, a new chief and council were elected who did not agree to the vote, effectively ending the leasing arrangement. Last May, six-month temporary permits were issued. In return for the six-month permit, the Gibbs family paid around $3,000 in rent, double the lease payment of other years. But Gibbs doesn't think the issue is about money. "If it was about money, all they would have to do is tell us how much they want," he said. Paul Nadjiwan, chief of the Chippewas of Nawash, said in a statement that the cottagers were informed when the six-month permits were issued that they would not have any legal rights to use the land when the permits expired. Gibbs said that in the years since 1995, his father had remained confident a new long-term lease agreement would eventually be reached, so the government letter came as a total surprise.</blockquote>So, again, <i>nemo dat</i>...

sean liddle -

Well, then I sit corrected. The implications made on CBC last summer by the residents differed quite a bit from reality.

Post a Comment: Your Friday Bullets For Cabin Fever Weekend

Email addresses are not displayed with your comment and will not be shared.
Allowed tags are: <em>, <strong>, <code> and <a href="url">. All other tags will be displayed as plain text.