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
I have a problem and not sure what the hell to do about it. Few days ago I was stopped on a street going westbound against blinding afternoon sun following the flow of traffic. I drive a taxi for living in Toronto and have ACZ driver's license. I have a perfect record both for professional as well regular demerit points. I haven't been pulled over as a matter of fact in some 15 years for…
I have recently gone to court for a speeding ticket issued by an OPP officer. As it stood, the officer forgot to sign the ticket. So at my trial, before I made a plea, I pointed this out to the justice of the peace and asked that the ticket be quashed. I was asked to produce my copy of the ticket, which I gave and the JOP then agreed with me and dismissed the case. Before he did so, the…
I got pulled over (along with about 10 other cars) for going through a road closed sign. I had just pulled out of a parking lot pretty much right beside the road closed sign, and with about 4 cars behind me there wasn't much I could do but go through, so I think I have a good chance of fighting it. However, on my ticket under the Signature of issuing Provincial Offences Officer, it's left…
So here's my situation, any advice would be appreciated.
On June 26, 2013 I received a ticket for 25 over in a 60 zone
In early October I received my notice of trial (Feb 25, 2014)
In early January I sent in my request for disclosure
In late January I received a letter to pick up my disclosure, however when I picked up my disclosure it wasn't typed (I had requested it to be) and I needed…
Is there a legal requirement to report an accident to the insurer?
Scenario
- 2 vehicle accident
- each vehicle has less than $1000 damage
- each vehicle has damage roughly equal to insurance deductible
- a police Accident Report was completed
In this scenario the drivers decided to repair their own damages. But are they legally bound to report the accident and damages to the insurer? ...and out of…
I will be representing my wife at her speeding trial next week. Mostly everything is pretty much run of the mill but since she wasn't speeding we will be having her take the stand. Since this opens up the opportunity for the prosecutor to cross examine, I am just wondering if anyone here knows what kind of questions we should expect from the prosecutor in order to best prepare.
i got pulled over by a cop this morning in my kids's school zone for failure to stop at a stop sign. i am thinking of fighting this ticket, but i noticed that on the ticket itself it only says "disobey stop sign - fail to stop" and there is no mention of the demerit points. a co-worker mentioned to me that a ticket should state how many demerit points i am being docked. i know the Highway Traffic…
Alright, so this happened back awhile ago on June and I haven't appeared in Court. However, I would like some inputs and advice before I get into this battle.
Back in June I got a Speeding Ticket claiming I was going 100km/h on Blackcreek going south towards Lawrence. The Speed Limit there is 70km/h.
At this point of time, it was roughly traffic hour around 4-5PM. Coming off of the Highway, and…
Ive already done searches, read the act as best i can but still haven't read a complete answer. Where in the HTA does it state that the front license plate must be attached to the front bumper? I have it on the passenger sun visor (if ppl remember the old temp permits that taped to the pass side of windshield) i figured that this spot would be the same. However now they have got rid of…
My son was returning from school and was just entering the driveway when another vehicle hit the rear end. Police writes a ticket "fail to yield from private drive" 139(i). He is going to fight this ticket and made an application for disclosure. The trial is next week and he still hasn't received the disclosure.
He checked with the court last month and they said that they will call when disclosure…
i was travelling on the 401 (posted speed 100km/h) in the far left lane, when i caught up to a vehicle going ~110km/h. I patiently waited for the vehicle to move over a lane, but they did not. The vehicle behind me moved to the center lane to pass, but because he was a safe distance behind me, i moved into the middle lane ahead of him to pass the slower moving car. When I accelerated, i…
So I was returning from my honeymoon in Montreal, and was cruising down the 401 just inside the Ontario/Quebec border. I was passing one of the Onroute stations and saw an OPP cruiser. I checked my speed and I was doing 120. A few kilometers up the road the cruiser pulled me over and told me I was clocked doing 132 by the aircraft. I was a little surprised to see the ticket was for the full…
I made a right turn during prohibited hours (7am-6pm) in Toronto. I was ticketed by a COP who was specially watching for that trap.
After I've received the ticket HTA144(9), I discovered one of the seven digits of my license plate was incorrectly written on my ticket. I was thinking about to make a First Attendance at the court office to see the prosecutor for a reduced charge...any advice or…
Have been busy and haven't had much time to follow up on this...
Went to court having not received disclosure (and was not organized enough to apply for a stay), so the trial was adjourned. They photocopied the officer's ticket and notes and provided a log sheet from the plane. I've sent another request for the rest of the disclosure items.
So here's my question -- can an officer amend the ticket…
I am not sure if my case is really a case of " mis-use parking permit" and need some advises on whether i should fight the ticket. Here is what happened:
During the labor day long weekend, I took my parents to diner at a local shopping mall. (my father's hip was broken in 2016 and he's been on wheelchair since, the permit is in his name and I been using the permit to help him for doctor's…
I have a court date coming up where I need to subpoena one of the officers that was present when I got my ticket. The issuing officer didn't include the fact that the second one was present at the time in his report (disclosure) but did give me the second officers name and badge number after the judge told him to do it.
What I'm looking for help with is the process of me getting to…
I got pulled over on a 4 lane section fo Highway 7... Thank god I didn't get a stay at home ticket as well or my car impounded.
Officer clocked me at 156 km/h he decided not to impound my car and give me a 149 km/h since it was my first offence and he said I was polite and respectful. I would give this officer a 5/5 review if I could, very polite and respectful.
Long story short, I was driving from Toronto to Ottawa and around Napanee with my friend in two separated cars, the officer was parked on uturn. He followed us turn his light on and got between us and pulled us over, he told me that i was running at 152 km/h without showing me his LISAR. they suspended my and my friends license and impounded the two cars for 7 days. This was a Friday in January…
I'm unsure on what to do here. I was under the impression that I could request a stay on the day of trial because disclosure was not given to me in an adequate time. I requested disclosure 2x by fax, 5 months ago.
I read on ticketcombat that I had to file a motion 15 days prior to the trial to request a stay of proceedings.
Does anyone else get blinded by fog lights on rural roads? I don't seem to have a problem with them on lighted streets, but the badly aimed fog lights or ones with a poor cutoff really get to me when driving the Escort. I just came back from a 20-minute drive, and every single pickup truck had fog lights on, and forced me to focus on the bottom right of the road. My windshield is clean and…
