Is freedom to travel or common law real, Do i have the right to drive with no license
-
3rdStriker333
- Newbie
- Posts: 4
- Joined: Sun Mar 13, 2011 9:36 pm
- Location: milton ontario
Freedom to travel
Is freedom to travel or common law real, Do i have the right to drive with no license
-
admin
- Site Admin
- Posts: 1126
- Joined: Tue Nov 13, 2007 4:04 pm
- Location: Guelph, Ontario, Canada
- Contact:
-
Posting Awards
Moderator
Re: Freedom to travel
Following the Laws in the Country you live in is a Must. If you don't like the Law you can try to lobby and change it. However, by thinking elsewise you would only be breaking the Law and be subjected to the consequences. Also remember that ignorance of the Law is not a defense. In Canada, you don't have the right to drive without a license or insurance. Now if you want to travel on foot, there's no law that would stop you from doing that! ;)
Following the Laws in the Country you live in is a Must. If you don't like the Law you can try to lobby and change it. However, by thinking elsewise you would only be breaking the Law and be subjected to the consequences.
Also remember that ignorance of the Law is not a defense.
In Canada, you don't have the right to drive without a license or insurance.
Now if you want to travel on foot, there's no law that would stop you from doing that! 
Re: Freedom to travel
There have been court decisions that deemed driving to be a "near right" - that is, you are entitled to use public highways subject to legislation passed in the interest of public safety (this includes the licensing system). As far as I'm aware, none of those decisions have come from the Supreme Court of Canada and several recent case law I have read seem to contradict those decisions (i.e., they considered driving to be a privilege). Like Admin says, you are guaranteed the freedom to travel. As long as you have some mode of transportation available to you, I don't think your rights have been violated. Common law and the Charter's Mobility Rights only allow you to travel freely; they are not a guarantee that all modes of transportation be available to you.
There have been court decisions that deemed driving to be a "near right" - that is, you are entitled to use public highways subject to legislation passed in the interest of public safety (this includes the licensing system). As far as I'm aware, none of those decisions have come from the Supreme Court of Canada and several recent case law I have read seem to contradict those decisions (i.e., they considered driving to be a privilege).
Like Admin says, you are guaranteed the freedom to travel. As long as you have some mode of transportation available to you, I don't think your rights have been violated. Common law and the Charter's Mobility Rights only allow you to travel freely; they are not a guarantee that all modes of transportation be available to you.
-
hwybear
- High Authority
- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
-
Posting Awards
Re: Freedom to travel
I would substitute out travel for word of mobility (own two feet) Don't think there is any right to any transportation at all - this is why city buses are not "free".
Squishy wrote:
Like Admin says, you are guaranteed the freedom to travel. As long as you have some mode of transportation available to you, I don't think your rights have been violated. Common law and the Charter's Mobility Rights only allow you to travel freely; they are not a guarantee that all modes of transportation be available to you.
I would substitute out travel for word of mobility (own two feet)
Don't think there is any right to any transportation at all - this is why city buses are not "free".
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Re: Freedom to travel
Yes, I was including "own two feet" in my definition of travel and transportation. "Mobility" would be a better word for it.
Yes, I was including "own two feet" in my definition of travel and transportation. "Mobility" would be a better word for it.
-
OPS Copper
- Sr. Member
- Posts: 355
- Joined: Thu Aug 27, 2009 10:06 pm
-
Posting Awards
Re: Freedom to travel
Do not waste your time. I am willing to bet he is a freeman of the land and will not be convinced no matter what we say. I have run into them at work and they are dangerous. A lot of them are tied to extreme views and are well armed.( the one I dealt with was and many in the USA) http://www.exploringinfinity.com/2010/0 ... formation/ OPS
Do not waste your time. I am willing to bet he is a freeman of the land and will not be convinced no matter what we say. I have run into them at work and they are dangerous. A lot of them are tied to extreme views and are well armed.( the one I dealt with was and many in the USA)
http://www.exploringinfinity.com/2010/0 ... formation/
OPS
Similar Topics
Featured Topics
Is LOCAL TRAFFIC defined in HTA
Hi... I recently got a ticket for disobeying a sign but the sign was a ROAD CLOSED - LOCAL TRAFFIC SIGN. The officer told me that I had disobeyed a posted sign but my argument was that I was local traffic since I was looking for a friend who lived around that area... was actually lost and happened…
road camera
Today I was driving towards the intersection Derry Rd. and Creditview Rd in Mississauga. When I enterend the intersection, the traffic light just turned from Green to Amber. It was little bit raining and I judged i can not stopped there. I was driving straight through on amber light then when I got…
u turn
Hi,
i need some help here.I made u turn @ warden costco.There is sign for no u turn,but i didn't notice it and i made u turn as i saw there was one car ahead of me doing the samething.
anyways this is my first time so i don't know what to do.Should i pay it off or fight it.and i am curious about if…
Demerit points and insurance
Hey everyone,
I have a question re demerits and insurance. When do these appear? The day I get the ticket or when I pay it? I got a ticket with demerit points last week. If I make any changes to my insurance will they see it on my record before I pay/fight the fine?
Thanks in advance 
plaincloths officer stopped me for not checking
So I just left my house and stopped at a STOP sign from my street turning left (it was not an all-way stop). I stopped and checked my right then left and did not see any cars and started my turn. All of a sudden a jeep appeared to the right of me about 3 seconds later driving very close. I…
i am in police foundations, did i ruin my career path by...
Bac above zero, g2 driver, 24 hour suspension. Had half a beer and drove 1 hr later. Failed breathalizer. I am in police foundations college course, did i ruin my future career? First offence, otherwise clean.
I am looking for an officer/ex-officers input.
Thank you
Does this mean my ticket got cancelled?
I got a ticket one day by making an illegal left turn, but police officer give me 2 copies of tickets. one is Certificate of Offence, the other is Offence Notice.
I went to the internet website to pay my ticket on the 15th day of my Offence date, the system still shows that my ticket is not in the…
Disobeyed a sign? Need some advice please...
Hi there
Two days ago, I was exiting the 401 ramp on the highway and then entered on the highway ramp again. There is no sign indicating that you CANNOT go through? There are lane markings and a sign with the lane marking, and I was in the middle lane with the arrows pointing left and right. so I…
Careless Driving charge... HELP
OK so this is what happened:
I was driving home in the city, in the centre lane when the van 2 cars ahead hit her brakes hard which made the guy in front of me slam on his brakes and then I slammed on mine. However i was unable to stop in time and hit his car and his car hit her van. We call got out…
Improper left turn on Old Stock Yard & W Toronto Street
I got my first traffic ticket (after two parking tickets out of which one was cleared) after a year of getting my G2 license. I feel fairly confident that I'm not guilty. The officer said that it was a T intersection, and I was bumper to bumper to the car ahead of me. According to him, I should've…
