Ontario finally withdraws charges against homeless woman who built her own cabin

Locutus

Adorable Deplorable
Jun 18, 2007
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Darlene Necan says she'll be heading 'home' to shovel the snow and move into the cabin she built in Savant Lake, now that the Crown has withdrawn charges against her. (CBC)


The one-room cabin has no heat and no running water, but Necan says she's proud to call it home. (Two Row Times)


Darlene Necan, a homeless woman from northern Ontario, plans to move into the cabin she built herself after the provincial government withdrew its charges against her in court today.

The First Nations woman was facing charges from the Ministry of Natural Resources and Forestry for breaching the Public Lands Act and was facing more than $10,000 in fines after constructing a one-room cabin on Crown land where her parents once lived in Savant Lake, Ont.





But when Necan opted to go to trial rather than pay the fines, the government dropped the charges, 18 months after they were first laid.


"The Crown is of the view that it is not in the public interest to proceed with these charges," Crown counsel Scott Dunsmuir wrote in a letter to Necan's lawyer on March 17. "In this case the public expense of a lengthy trial does not appear to be justified when weighed against the gravity of the offence."

Necan said the decision means she'll finally have a home.

"I am happy, said Necan. "This means a lot to me, because I'll be going home to where I grew up. I'll be going home to never be kicked out for any reason."


Necan is a member of the Ojibway Nation of Saugeen, but she has been unable to acquire housing in that community, about 400 kilometres northwest of Thunder Bay, since the reserve was created in the late 1990s.

The 55-year-old spent years camping out when it was warm enough and sleeping on relatives' couches during the winters, dreaming of a place of her own.


In 2012, Necan and a few others who are also unable to acquire housing on the reserve helped build a cabin for an elder who was living in a chicken coop in Savant Lake. The following year, using donated materials, she started building her own plywood structure nearby.
The government has not issued Necan a permit for her house, a typical requirement on Crown land, but her lawyer Michael Leitold said that after the withdrawal of the charges she's free to move in.

It's not a precedent-setting case, because it never made it to trial, but Leitold said Necan's unwillingness to be pushed out of her own homelands is a good example for others.

"Politically and socially, I think we can all draw a lesson from the fact that grassroots organizing and grassroots efforts to try and achieve small victories can succeed," he said. "I hope that inspires others to take a stand against colonialism and oppression."


Ontario withdraws charges against homeless woman who built her own cabin - Thunder Bay - CBC News
 

Cliffy

Standing Member
Nov 19, 2008
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Nakusp, BC
Good for her. This country was built on squatting. And who the hell is this nebulous Crown anyway? Most Canadians think it is the Queen or land held in trust by the Canadian government, but it is not.
 

petros

The Central Scrutinizer
Nov 21, 2008
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Low Earth Orbit
I'd assume they waived the application for a land use permit.

Land use permit
gives the right to conduct a specified activity on the land for up to 10 years, but does not give ownership of the land or interest in the land
no extensive and/or valuable improvements to the land are planned
land cannot be used for loan security or collateral
no future financial or environmental liability is anticipated as a result of the intended land use
rights granted by a land use permit are not transferable and there is no right of renewal

https://www.ontario.ca/rural-and-north/buy-or-rent-crown-land

All she had to do was go through proper channels.
 

Nuggler

kind and gentle
Feb 27, 2006
11,596
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Backwater, Ontario.
I'd assume they waived the application for a land use permit.

Land use permit
gives the right to conduct a specified activity on the land for up to 10 years, but does not give ownership of the land or interest in the land
no extensive and/or valuable improvements to the land are planned
land cannot be used for loan security or collateral
no future financial or environmental liability is anticipated as a result of the intended land use
rights granted by a land use permit are not transferable and there is no right of renewal

https://www.ontario.ca/rural-and-north/buy-or-rent-crown-land

All she had to do was go through proper channels.


Maybe she wants it for more than 10 years.
just sayin.
Was following this when it first came out.
Glad she has a home now
Would be nice if more people did.