Office of The Ministry of The Attorney General
Office of The Ministry of The Attorney General
McMurtry-Scott Building,
720 Bay St, Toronto, ON
M7A 2S9, Canada
[email protected]
Mr. Doug Downey; office or the Attorney General to THE QUEEN IN RIGHT OF THE
PROVINCE OF ONTARIO
This consent comes by each citizen granting a settlement of land at birth subject to overreach
by a trust for sale in equity2. England and the laws of England are founded on a land tenure or
land trust system. Each person when born has a certified live record of birth which constitutes a
settlement under the Settled Land Act3 and represents that grant to the English land tenure
which founded Canada’s system of law and government. Within that act are the rights of settlors
and duties of the trustees to the settlements/settlors.
I, being born in Ontario and having the birth settlement accepted and stamped in this province
am a settlor within the province of Ontario. The registrar having accepted that settlement as
co/trustee represents the one with the duties to the settlor. It is my intention to have my capacity
as settlor under the Settled Land Act 1925 determined and your duty as trustee under that same
Act determined and acknowledged.
1 Commentaries on the Laws of England (1765-1769) Sir William Blackstone book 1, CH6. 5 “a
political or civil monarchy, which arises from mutual consent; (of which last species he asserts
the government of England to be)”
2 Report on Basic Principles of Land Law, Ontario Law Reform Commission (1996) “As already
mentioned, a different scheme applies where a settlement is subject to a trust for sale. In this case, the
relevant provisions are in the Law of Property Act 1925”
3 Report on Basic Principles of Land Law, Ontario Law Reform Commission (1996) “The Settled Land
Act, 1882 applies to any “settlement” except where there is a trust for sale”
NOTICE OF RIGHT EXERCISED AND REQUEST FOR DETERMINATION
S. 16(1)(ii), S.9(2) and S.108(2) Settled Land Act 1925
Dear Mr. Doug Downey; office or the Attorney General to THE QUEEN IN RIGHT OF THE
PROVINCE OF ONTARIO
I am writing to you today in your capacity and function4 as agent for the crown and ask if you are
trustee for the purposes of the Settled Land Act 1925. If you are not then please indicate who
is.This notice and subsequent request is in accordance with the notice requirement outlined
within the Settled Land Act 1925. 5
The Settled Land Act 1925 is law in Canada due to the rules of reception of English law at the
time of Canada’s incorporation.6 As a descendant born in Ontario having a settlement there, the
laws of England by reception are my birthright7 of which I am now asking for a determination of
right as settlor as per the Settled Land Act 1925. Whether you believe me to have a right as a
settlor or not it is your duty to make a determination either way.
Attached is my Birth certificate (certificate No. ) signed by the Registrar General for Ontario as
evidence of overreach by imposition of a trust for sale, as well as the STATEMENT OF LIVE
BIRTH (registration ##/certificate #) as evidence of the original settlement. These records
4Ministry of the Attorney General Act R.S.O. 1990. S.5(d) Functions “Shall perform the duties and
have the powers that belong to the Attorney General and Solicitor General of England by law or
usage.”
5 Settled Land Act 1925 S.(16)1(ii) “Where any person of full age becomes entitled to require a legal estate in the
settled land to be vested in him in priority to the settlement, by reason of a right of reverter, statutory or otherwise, or
an equitable right of entry taking effect, or on the ground that his interest ought no longer to be capable of being over-
reached under the powers of this Act, the estate owner shall be bound, if so requested in writing, to transfer or create
such legal estate as may be required for giving legal effect to the rights of the person so entitled;”
6 The reception of English law 1977 Vol. XV, J.E. Cote pg. 49 117 Kielly v. Carson “But they (privy
council) said the inhabitants of a settled colony have the same rights and immunities as British subjects,
and the settlers’ descendants have”
7 Act of Settlements 1700 ch.IV “And whereas the Laws of England are the Birthright of the People
thereof and all the Kings and Queens who shall ascend the Throne of this Realm ought to administer the
Government of the same according to the said Laws and all their Officers and Ministers ought to serve
them respectively according to the same”
establish a settlement was granted as defined by the Settled Land Act 1925 and are the
grounds for my request of determination of right as settlor within the Act.
Upon receipt of this Notice a declaration of my right as settlor within the Settled Land Act is to
be issued by your office within 30 days of this request/notice’s issuance. It being a fact that I am
now no longer abstaining from my rights as setllor8. As such, being of full age and entitled by a
reason of right of reverter on the grounds that my right ought no longer be capable of being
overreached under the powers of the Act.9 I am binding you (the estate owner) to give legal
effect to my rights as settlor under the Act by way of a declaration of right.
Any attempt at overreach is unlawful as of the issuance of this notice, and as a result any
breach of my rights as settlor under the Settled Land Act by you or any officer, employee or
agent of the crown is liable to tort.10 Common law is now and always claimed in this matter and
equity ought not take priority now or at any time in the future in regards to the same.
If your understanding is such that your duties do not include the rights of settlor within the
Settled Land Act then a response to say so and indicate who you believe holds this duty under
the Act, is requested.
The Attorney General Ontario - THE QUEEN IN RIGHT OF THE PROVINCE OF ONTARIO - is
entrusted with the powers and charged with the duties that belong to the offices of the Attorney
General and Solicitor General of England by law or usage11, is also charged with the settlement
of all instruments issued under the great seal12 and shall regulate and conduct all litigation for or
against the Crown, or any department of the government, in respect of any subjects within the
authority or jurisdiction of Canada13
The condition precedent (the happening of the event) is found within s.106(2) Settled Land Act
1925, whereby, an estate or interest limited would continue if that person were to abstain from
exercising the power or right, discharged from liability to determination or cesser by or on
his exercising the same.
8 Settled Land Act 1925 S.106 (2) “For the purposes of this section an estate or interest limited to continue so
long only as a person abstains from exercising any such power or right as aforesaid shall be and take effect as an
estate or interest to continue for the period for which it would continue if that person were to abstain from exercising
the power or right, discharged from liability to determination or cesser by or on his exercising the same.”
9 Settled Land Act 1925 S.(16)1(ii) “Where any person of full age becomes entitled to require a legal estate in the
settled land to be vested in him in priority to the settlement, by reason of a right of reverter, statutory or otherwise, or
an equitable right of entry taking effect, or on the ground that his interest ought no longer to be capable of being over-
reached under the powers of this Act, the estate owner shall be bound, if so requested in writing, to transfer or create
such legal estate as may be required for giving legal effect to the rights of the person so entitled;”
10Crown Liability and Proceedings Act, 2019 Se 8.1 (a) Crown Liability “Except as otherwise provided under this Act
or any other Act, the Crown is subject to all the liabilities in tort to which it would be liable if it were a person, a) in
respect of a tort committed by an officer, employee or agent of the Crown;”
11 Ministry of the Attorney General Act, s.5(d)
12 Department of Justice Act, s.5(c)
13Department of Justice Act, s5(d)
This notice meets the precedent condition as proscribed in the Settled Land Act and the event
having now happened, binds the office of the Ministry of the Attorney General to perform the
duty of determining the right by declaration, so complying with the Settled Land Act, to confirm
that MY FULL NAME has in fact executed a right as settlor and is in fact discharged from the
liability of an estate or interest limited in trust (trust for sale) under the settlement.
In order to to ensure the rights and duties of the parties mentioned are honoured and
performed, a written response to this notice is required within 14 days, followed by a written
determination of right as settlor to follow no later than 30 days from the issuance of this notice.
A failure to respond to this matter within 14 days and to perform the duty as required by the
Settled Land Act within 30 days is considered a delinquency of duty under the Settled Land Act,
Department of Justice Act and the Ministry of the Attorney General Act. A petition to the court in
order to establish the rights within the Settled Land Act and if necessary an application to the
court under common law in order to enforce the duty to perform of the office of the Ministry of
the Attorney General will be sought.
A written response via email is to be issued within 14 days and sent to [email protected]
Regards,
_______________________
FULL NAME HERE
Settlor to the settlement by way of reverter not subject to a trust for sale