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#19035
ANTI-SEMITIC COVENANTS stripped by a judge from certain QUEBEC LAND TITLES 2020/01/25 00:40  
On December 4 2019 a Quebec civil judge struck down a 60 year old GENTILES ONLY covenant on title at the request of a homeowner. ( citation is below )

To clean his lot's title for resale, a home owner in St-Jean-sur-Richelieu 40 Km south of Montreal, applied to get rid of the GENTILES ONLY restriction on his land title ( as well as several others - no commerce ; minimum construction ).

But he was only able to persuade the removal of the GENTILES ONLY covenant. The civil judge ruled it had been registered later than Quebec law prohibiting such, and was contrary to public policy.

After La Presse broke the story on January 14/20, it was picked up by Canadian Jewish News and ultimately Canadian Press & the CBC where it shocked viewers on the National News Jan 23/20.

There are highly uncomfortable aspects including comments by the surviving 99 year old son of the late covenantor /common developer. There's also that it was only in 1989 & 1999 that the developer's name went onto a street & park, re-naming of which the municipality promises to consult !

There's no reference to any owners association fighting to maintain the GENTILES ONLY covenant.

That's the absolute opposite to the 1948 victories hard fought & won by Ontario's Beach of Pines Owners Association into Canada's Supreme Court where they lost when the clause was struck down on a narrow technicality ( was figuratively people zoning, not land-use zoning / not capable of running with title ). Some U.S. versions hang around even today despite such being illegalized by the U.S. Supreme Court in Shelley v. Kraemer 1948 334 US 1 (1948)

Dec 4/19 Quebec Superior Court decision Nadeau c. Habitations Jeandami inc., 2019 QCCS 5273 issued Dec 4/19 http://canlii.ca/t/j3x15

Jan 15/20 The Canadian Jewish News “Clause prohibiting Jewish property buyers or renters in eastern Quebec city still existed – until recently” by Janice Arnold https://www.cjnews.com/news/canada/anti-jewish-servitude-found-on-the-books-in-quebec-town

Jan14/20 La Presse “Saint-Jean-sur- Richelieu : interdit de vendre aux Juifs “ par Philippe Teisceira-Lessard
https://www.lapresse.ca/actualites/202001/13/01-5256690-saint-jean-sur-richelieu-interdit-de-vendre- aux-juifs.php
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#19038
How some communiies used restrictive covenants on title 2020/02/01 18:00  
. . . to exclude on the basis of race, religion, national origin etc . . . as if accepting such on legal titles could legitimize some sort of right to freedom of association or freedom to contract as argued successfully 70 years ago in the Ontario courts on the way to Canada's Supreme Court.

Lots of other voodoo however still gets argued on the basis of site-specific condo or Building Scheme documents. Amongst the targetted groups have been Irish.

And the format may have been subtle ( eg In 1960 an owners group lost a famous judicial attempt to enforce a 19th century restrictive covenant barring resales to other than certain U of T graduates unlikely to be "diverse" in that period . . . )

from “The Secret History of New England’s Sundown Towns” :

". . . Sundown towns were municipalities that prevented African-Americans or other minorities from lingering after dark. . . James Loewen, a sociologist who taught at the University of Vermont, discovered thousands of sundown towns. He found them throughout the United States, including New England. Beginning in the 1890s, New England’s small towns and rural communities drove African-Americans into urban ghettoes, James Loewen contends.(see Sundown Towns: A Hidden Dimension of American Racism)

Restrictive Covenants

Small towns kept out not just black people, but Jews, Catholics, Greeks, Italians, Indians, even trade unionists and gays. They used violence and intimidation and restrictive covenants and mortgage practices . . .

In 1905, restrictive covenants began appearing in property deeds. They typically stated, “No portion of these premises shall ever be sold to or occupied by anyone other than members of the white or Caucasian race.” Then they often added, “Nothing in the foregoing shall preclude live-in servants.” - unquote

Well worth an online read :

The New England Historical Society : “The Secret History of New England’s Sundown Towns” https://www.newenglandhistoricalsociety.com/secret-history-new-englands-sundown-towns/
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