[sust-mar] Sperry's Beach
tom_d at chebucto.ns.ca
Tue Mar 7 20:20:33 EST 2017
NS Minister of Justice and Attorney General
Re: Sperry's Beach
Dear Minister Whelan;
Further to my previous messages on this subject:
In the interim, we have obtained a copy of Order in Council 2015-318,
dated September 25, 2015. After considerable research in the
Bridgewater Land Registry, no deeds or other transactions related to
the OIC have been registered in the eighteen months that have passed
In the summer of 1997, the Department of Natural Resources was
obviously in need of some reassurance re their on-going relationship
with Himmelman. Instead of availing themselves of the Crown legal
counsel available to the Department, they decided to expend public
funds ("with respect to Fees and Disbursements ...my title searcher
spent 32 hours ...costs amount t0 $599.00. I would appreciate being
permitted to bill my time at 10% of my searcher's time, or 3.2 hours
at my regular rate of $200.0 per hour + HST") to hire a private-sector
"On behalf of the Department I would like to hire you to determine the
strength of the Himmelman title for the area"
August 20, 1997
The response is dated January 13, 1998. The Department of Natural
Resources has continued to rely on this "opinion" to justify their
relationship with and support of Himmelman ever since:
"the area below Drew's Hill Road is held by the Himmelman family ...
Department of Natural Resources and Department of Justice staff have
again reviewed J. Patrick Morris' opinion together with the maps and
deeds referenced. We concur with his conclusions"
for Richard Hurlburt
December 3, 2004
"the historical, geographical and statute support offered in your
response would have been considered by Department research staff,
solicitors and surveyors subsequent to Mr. Morris' opinion. Our
research would have been based on accurate and original evidence.
Additionally, we do not take issue with the Morris report"
March 24, 2005
"We concur with his conclusions" ... "we do not take issue with the
Morris report" ... early precursors of the current 'alternate facts'
meme: since the Morris report clearly reaches the unequivocal
conclusion that Himmelman, as of January 13, 1998, _did not_ hold
title to either "the Sperry's Beach spit" or the shore lands between
the former coastal road and the Petite River / Atlantic Ocean.
Nor has any effort been made to acquire title in the now 19+ years
that have passed since.
It is simply beyond my capacity to comprehend the motives of
Department of Natural Resources staff to put their Minister at 50/50
risk of the embarrassing position of having to 'report and recommend'
to his peers that the Governor in Council rescind his earlier
recommendation. For seventeen years prior to the existence of
2015-318 DNR had on file a bought-and-paid-for document which should
have caused them to demand that "the aforesaid parties are able to
certify title to the land in a manner deemed sufficient by the
Department of Justice" be the prime required precondition to even
opening discussions regarding the conveyances authorized in 2015-318:
not an after-thought "if" parameter. I have great difficulty
understanding why this is not a Regulatory requirement in _any_
transaction involving public and private land: Step One: produce
'certified true copy' of certified title documentation; Step Two:
I had originally (26 Feb 2017) written "to request your immediate
intervention in this transaction, to bring it immediately to full halt
pending full disclosure of the circumstances leading to and
particulars of this "land swap" To that I will now add a full
investigation of the Department of Natural Resources staff who have
played a role in this since its earliest beginnings. We have on file
every piece of correspondence between our community and any government
agency or agent involved since this "trade" or "swap" was first
proposed back in the early 90's, every media report printed, and a
battery of photographs of various aspects of the events that have
occurred, and are more than willing to share, should you invite our
I yet again hope to hear from you at your earliest convenience.
More information about the sust-mar