Libertarian Statement on Ontario Clean Water Act (May 12, 2009)
Statement
I helped compose this statement on the Clean Water Act in 2006. I’m trying to post as much material as possible – old and new – in order to get these ideas across, and to provoke discussion about freedom and individual rights. Notice again that the system we live in is the exact opposite of these ideals and the statement is just contradicting everything about it.
Legislation is all about tying us down and controlling everything. Laws are being used to bind us and the system called “democracy” gives it all perceived legitimacy although it doesn’t come from the people at all.
Every voice that remains silent in the face of this onslaught from the State of various kinds of legislation – federal or provincial – is acquiescing or consenting to what is done. That’s how it looks to the Establishment:
Libertarians Declare “Clean Water” Act a Dirty Trick
July 26, 2006 – The Ontario Libertarian Party considers Bill 43, the “Clean Water” Act, to be a serious threat to property rights and simple justice, and insists that it be withdrawn. While we agree that clean water is essential to human life, there is no justification for the draconian measures proposed in Bill 43. Incidents of contaminated drinking water have been rare and can be readily addressed by existing legislation. This Bill is a sledgehammer “solution” to a mosquito problem and will create more problems if it is enacted. It is clear that this Bill is an attempt by the government to gain centralized control over private land.
Nowhere in the Bill is there a definition of “clean water,” or what constitutes a threat, significant or otherwise, to clean water. This will be left up to committees appointed by conservation authorities. These committees must prepare “Source Water Protection Plans” defining what remedies will be required.
There is no provision in the Bill for input or appeal by landowners who will be affected. The decision by the Minister of the Environment is final. The Bill requires municipalities to appoint “Permit Inspectors” to implement the Source Water Protection Plans, as approved by the Minister of the Environment. The Bill gives the inspector the right to enter private property without consent of the owner or occupant and without a warrant. If the owner refuses entry, the Permit Inspector may obtain a warrant and obtain police assistance to use whatever force is necessary.
Landowners may be required to buy a permit to use the water on their property. They may be prohibited from activities that have caused no problem in the past, and be required to ‘fix’ perceived problems at their own expense or pay heavy fines for non-compliance. A business may be forced to cease operations (without compensation) if their activities are deemed to be an existing or potential threat to source water. The Bill also gives municipalities the right to expropriate land without compensation. There is no process for appeal, and individuals may not initiate any legal action against the government or its agents to stop an injustice. Even bankruptcy will not protect an individual from costs imposed by this Bill.
“This is a dirty trick to play on our farmers,” declared Jim McIntosh, Treasurer of the Ontario Libertarian Party. “This bill gives McGuinty the ability to steal land from them.”
The Ontario Libertarian Party believes that respect for property rights are essential for individual freedom and prosperity, and that government should protect our property rights. Those rights include the right to continued use of water flowing onto ones property. If someone else infringes on this right by making the water unusable, that person should be required by the courts, not some government bureaucrat, to correct the problem and/or provide compensation. Landowners have a vested interest in protecting the quality of water on their property.
Bill 43 makes it clear that the Ontario government has no respect for property rights and has no intention of protecting them. It also reflects a total disrespect for due process and justice. Some of the unintended consequences of this Bill will be to render large areas of farmland unusable, bankrupt many landowners, and increase the price of Ontario produce. The Ontario Libertarian Party appeals to all citizens who believe they should have the right to use their property as they wish – as long as they do no harm to anyone else or their property – to tell their MPP’s they are opposed to Bill 43!
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References:
1. Bill 43 2005: “An Act to protect existing and future sources of drinking water”, www.ontla.on.ca
3. Statement by Randy Hillier, Ontario Landowners Association, June 10/06, www.canadafreepress.com
4. Statement on Bill 43 by Christian Farmers Federation of Ontario, www.christianfarmers.org
5. Scheduled Hearings on Bill 43. Week of August 21. www.ontla.on.ca
May 12th, 2009