Bill 146 2009

An Act to provide for a public inquiry to determine the truth about the administration of justice, law enforcement and the ownership of land within the former Haldimand Tract and nearby areas

Preamble

The occupation of Douglas Creek Estates in Caledonia, which began in February 2006, has resulted in a series of standoffs, and has led to additional land disputes in the rest of the former Haldimand Tract and nearby areas.  These events have resulted in violence, injury, fear and intimidation, shutting down development and draining the area economy.  Questions have been raised about why the disorder and associated impacts have been allowed to continue.  Allegations have been raised with respect to political influence in the courts' administration of justice and in the enforcement of the law by the police.  Area residents want to determine the truth about ownership of the various lands in dispute.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Appointment of commission

   1.  (1)  Within 60 days after this Act comes into force, the Premier of Ontario shall recommend to the Lieutenant Governor in Council that a commission be appointed under section 2 of the Public Inquiries Act,

  (a)  to inquire into and report on allegations of political influence in the administration of justice by the courts and in the enforcement of the law by the police with respect to,

           (i)  land disputes and other related activities in Haldimand County, Brant County and the City of Brantford, and nearby areas, and

          (ii)  activities on the Six Nations reserve in the former Haldimand Tract;

  (b)  to determine the facts with respect to the ownership of land in the areas mentioned in subclause (a) (i); and

   (c)  to make recommendations directed to the prevention of attempts of intimidation and related behaviour in circumstances similar to those mentioned in subclause (a) (i), including recommendations with respect to,

           (i)  the improvement of mechanisms to resolve land disputes,

          (ii)  the enhancement of respect for the courts and the rule of law, and

         (iii)  the upholding of land ownership rights in the Province of Ontario.

Commission's term of office

   (2)  The commission shall hold office until three months after the commission's final report is submitted to the Lieutenant Governor in Council.

Removal for cause

   (3)  The commission is removable at any time for cause by the Lieutenant Governor in Council on the address of the Assembly.

Powers of commission

   2.  Part III of the Public Inquiries Act applies to the commission and to the inquiry.

Timing of inquiry

   3.  The commission shall begin the inquiry within 60 days after being appointed.

Reports

   4.  (1)  The commission shall submit an interim report to the Lieutenant Governor in Council within six months after the inquiry begins.

Final report

   (2)  The commission shall submit a final report to the Lieutenant Governor in Council within 12 months after the inquiry begins.

Report to be made public

   (3)  The commission shall make the final report public within 10 days after submitting it to the Lieutenant Governor in Council.

Time limits may be extended

   5.  The Lieutenant Governor in Council may extend the time limits for submitting the interim and final reports, and may extend the term of office of the commission.

Commencement

   6.  This Act comes into force on the day it receives Royal Assent.

Short title

   7.  The short title of this Act is the Truth About Caledonia Act, 2009.

EXPLANATORY NOTE

The Bill requires the Premier to recommend to the Lieutenant Governor in Council that a commission be appointed to inquire into land disputes and other related activities in the former Haldimand Tract and nearby areas.  It is the role of the commission to inquire into and report on the administration of justice, law enforcement and the ownership of land.  It is also the role of the commission to make recommendations directed to the prevention of attempts of intimidation and related behaviour in similar circumstances.  The commission is given powers under the Public Inquiries Act.  Once the inquiry begins, the commission must make an interim report in six months, and a final report in 12 months.