Since Canada is a British Colony and the only real law which governs the people is God's law, Common Law dictates that everyone has the right to free travel unobstructed by any person(s) places or thing's. Driving is a right instead of a privilage in this case. Also, in accordance to the Black's Law dictionary the definition of a driver is anyone who engages in commerce. Commerce meaning taking money and such like a chauffeur, taxi driver etc. My question is then , why do we need a license to drive up we are not engaging in commerce.
Since Canada is a British Colony and the only real law which governs the people is God's law, Common Law dictates that everyone has the right to free travel unobstructed by any person(s) places or thing's. Driving is a right instead of a privilage in this case.
Also, in accordance to the Black's Law dictionary the definition of a driver is anyone who engages in commerce. Commerce meaning taking money and such like a chauffeur, taxi driver etc.
My question is then , why do we need a license to drive up we are not engaging in commerce.
Nonsense. Your entire argument is taken apart piece by piece in Meads vs Meads, you can read about it at your leisure. http://www.albertacourts.ab.ca/jdb/2003 ... 571ed1.pdf In the meantime, wishing that something is so does not make it so.
Nonsense.
Your entire argument is taken apart piece by piece in Meads vs Meads, you can read about it at your leisure.
Such "freeman of the land" arguments have been around for a while and have never gotten anywhere in Court. The ideology is based on a very narrow, selective interpretation of laws that are convenient to the movements beliefs. Its certainly not a belief or strategy thats supported on these forums. A good read for anyone considering such an approach is the above mentioned divorce case involving a self-declared "freeman on the land" heard by Chief Justice John Rooke. He wrote a 185-page analysis of the freeman arguments and their legal implausibility. Here's the ruling in non-PDF form: http://www.canlii.ca/en/ab/abqb/doc/201 ... qb571.html And here's a NP article on the ruling: http://news.nationalpost.com/2012/09/28 ... -movement/
Such "freeman of the land" arguments have been around for a while and have never gotten anywhere in Court. The ideology is based on a very narrow, selective interpretation of laws that are convenient to the movements beliefs. Its certainly not a belief or strategy thats supported on these forums.
A good read for anyone considering such an approach is the above mentioned divorce case involving a self-declared "freeman on the land" heard by Chief Justice John Rooke. He wrote a 185-page analysis of the freeman arguments and their legal implausibility.
You sound like one of those kooky Sovereign Citizen rejects. For those who are unaware of them, here is a related video about how they operate: http://www.youtube.com/watch?v=d_y-gLm9Hrw
You sound like one of those kooky Sovereign Citizen rejects.
For those who are unaware of them, here is a related video about how they operate:
Stanton is correct when he points out you're attempting to use a very narrow and selective view of the law. Regardless, lets lay it out for you... The Constitution Act of Canada (Commonly called refered to as "The Charter") is what gives individuals their legal rights. Section 6 gives you the right to remain in Canada or to move from province to province. Section 6(3) however puts limits on those rights: (3) The rights specified in subsection (2) are subject to (a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and (b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services. Another section that may apply is Section 9, which focuses on arbitrary detention. While I'm sure you would argue that by not being able to drive that it is impossible for you to excersize your right to move from Province to Province, there is nothing anywhere that says you must be able to excersize your rights in whatever fashion is most convenient to you. Therefore, take a bus, plane, horse, bicycle, skateboard, roller-blades, snowshoes, skis, or simply walk. Without a valid driver's license, you're not allowed to drive. The law for driver's licenses and the fees behind them are to protect all people on the roads and sidewalks. The rules ensure people know how to drive safely, even if they choose not too. And the money helps to pay for maintenance to those roads, emergency services for those injured on the roads, and for enforcement to reduce those injuries. So feel free to test your argument in court. My guess is you'll only annoy the judge and the fine will be increased, meaning that more money is collected for keeping our roads safer.
Stanton is correct when he points out you're attempting to use a very narrow and selective view of the law. Regardless, lets lay it out for you...
The Constitution Act of Canada (Commonly called refered to as "The Charter") is what gives individuals their legal rights. Section 6 gives you the right to remain in Canada or to move from province to province. Section 6(3) however puts limits on those rights:
(3) The rights specified in subsection (2) are subject to
(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and
(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.
Another section that may apply is Section 9, which focuses on arbitrary detention. While I'm sure you would argue that by not being able to drive that it is impossible for you to excersize your right to move from Province to Province, there is nothing anywhere that says you must be able to excersize your rights in whatever fashion is most convenient to you. Therefore, take a bus, plane, horse, bicycle, skateboard, roller-blades, snowshoes, skis, or simply walk. Without a valid driver's license, you're not allowed to drive.
The law for driver's licenses and the fees behind them are to protect all people on the roads and sidewalks. The rules ensure people know how to drive safely, even if they choose not too. And the money helps to pay for maintenance to those roads, emergency services for those injured on the roads, and for enforcement to reduce those injuries.
So feel free to test your argument in court. My guess is you'll only annoy the judge and the fine will be increased, meaning that more money is collected for keeping our roads safer.
I've seen this bullcrap before so I'm going to lock the thread. In fact, when I lived in Michigan, one of the organizations I volunteered for helped track and monitor Freemen/Sovereign Citizens, so I'm quite familiar with their tactics. Simply put, the nonsensical garbage on the OP is pure fiction and no court in Canada accepts it. Black's Law Dictionary is not Canadian legislation. If you think it is, you are wrong. This forum is here to help people understand and fight traffic offences, and/or get a better understanding of traffic laws, safety practices and driving. We are NOT here to act as a soapbox for neurotic anti-government fringe groups. Also, for your information, Canada stopped being a colony in 1867.
I've seen this bullcrap before so I'm going to lock the thread. In fact, when I lived in Michigan, one of the organizations I volunteered for helped track and monitor Freemen/Sovereign Citizens, so I'm quite familiar with their tactics.
Simply put, the nonsensical garbage on the OP is pure fiction and no court in Canada accepts it. Black's Law Dictionary is not Canadian legislation. If you think it is, you are wrong.
This forum is here to help people understand and fight traffic offences, and/or get a better understanding of traffic laws, safety practices and driving. We are NOT here to act as a soapbox for neurotic anti-government fringe groups.
Also, for your information, Canada stopped being a colony in 1867.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
Need some help as i was given a old version yellow ticket(Form4) with improper left turn by an officer last week, which is old version printed by 2009. Then two days later, the officer found me giving a new version ticket with color green(Form4), printed by 2012. The details on face pages for two tickets are similar, but back sides are different. My question is first yellow ticket is effective or…
I was charged of speeding, but I don't know what the radar Decatur Genesis II Select Directional VIP is? please let me know what kind device is this and if any one have the manual can you give it to please pleaseeeee.
Recently I got a ticket for disobey sign under the HTA. From where I turned on to the street, the sign was visible for less than 10 metres, during which time I was performing safety checks for upcoming turn. ( I'll post full details after I first get some advise. )
What is the best defense for this? I took some digital pictures but my camera does not do .raw photos and at that time I had not…
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it.
I was driving on a two-lane Trans-Canada route where the indicated speed limit was 90 km/h and following a car for about 15 minutes. That car was going between 70 to 80 whenever there was a curve or a hill going up ahead. Passing was either not permitted or not safe in those sections. However, whenever there was an opportunity to pass that car, the driver would increase its speed to about 115…
My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow…
I went to Huntsville for buying a horse trailer in Thursday.
Got 1 ticket of careless driving nearby east gate of Algonquin Park. They police said he received a complaint that my pickup truck hit the road shoulder and disturbed some gravel dust.
I found a police car traced me, so I turn to a roadside motel. After I parked my vehicle, and heading to motel office, the police car arrived gently…
My trial for a speeding ticket is coming up. I have followed recommendations off ticketcombat website and have sent 3 disclosure requests (without phone number) and have received nothing. At the day of trial it will be about 10 months since the ticket was issued.
I guess the first step will be to ask the court for an adjournment during the Motions, "Your Worship, I would like to ask for an…
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
a few years ago, I posted about getting a 19+over ticket and said it was a ridiculous ticket since it was down a hill and everyone drives that 10-20 over.
Everyone here claimed I was outrageous to be driving over the limit by ANY amount and I was driving wildly for doing so. Since those two years have passed, I've stuck to the speed limit...guess what happens?
About a month ago, I got a funny situation where a cop made a u-turn to stop in a very showy fashion (that scared and surprised me) because he almost hit me while doing that.
Anyhow, he claimed that he metered me while he was driving towards me so he said his car is equipped to meter opposite coming cars as he drives. I filed the ticket and I was convicted within few days - an…
My wife got a speeding ticket on a construction zone on Hwy 400 and I went to court to try to defend her.
I ordered the disclosure request and got it on the first trial.
The first trial my strategy was to say there was conflict and misunderstanding of road signs. The prosecutor told me I could not confirm that since I personally wasnt there the day of the offence, and my wife has to…
So I had a guy turn across my lane into his driveway and I hit him. I'm going to court solo so I need any information at all regarding proceedings.
I clearly saw two police officers on scene and got disclosure from only one of their black-books even though they both took notes, one from me and one from him. He got a ticket which I will explain in the next paragraph. I don't see any driving history…
So Again, I really don't know how I'm attracting attention to myself, but I am.
Saturday at 1:30 in the morning I was pulled over on the 400 for 142 in a posted 100 Zone. Honestly, I know I was speeding, but I thought maybe 110-120 (I'm trying to clean up my act.) Anyways, Pulled over, Ticketed, Explained 3 options on the back, and we departed on our way.
Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.)
It's only $20 but I was ticked off 'cause I don't park in front of fire hydrants and don't…
I have been charged with driving under suspension due to medical reasons, It was suspended in Mar and In apr I got a new car put it on the road and the License Breau said nothing to me to let me know it was still suspended. I have been to court 2x for this matter first time I asked for adjurnment to seek a resoultion, 2x I went I ask for another adjurnment to seek a resolution because the CA had…