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
Freedom to travel
Is freedom to travel or common law real, Do i have the right to drive with no license
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.
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
speeding ticket!
Am really confused about this one, this morning i got a reduced speeding ticket (80km speed in 60 zone), and in the ticket the cop wrote 10km over the speeding limit.. and it has the 'R' code in it.. and the cop said i need to pay this and it doesn't have any points on it..
im fine with paying the ticket which is only 40 dollars but my biggest concern, will it show in my record ? or only tickets…
Received Notice of Trial - need advice on next step
I got a ticket for driving with handheld device in Oct 2015 and I had requested for a trial. Yesterday I received the notice of trial (notice is dated 26-Jan-2017, court of trial is Newmarket, ON) and trial date is Mar 8, 2017. Today, I have sent in a registered request for disclosure (i.e on 29-Jan-2017).
I am requesting advice with the following -
My trial date is Mar 8, 2017 and the insert with…
safe highway merge
I was cruisin on the 401 with about 50 others at 120 kph.
Some-one gets on the entry lane and speeds up to 60 kph and merges.
Now I am amidst 50 cars that have to avoid hitting this a--hole.
I don't know?
Any ideas?
Cheers
Viper1
Trial Adjourned, No video evidence, Cop will show up
Hello Members,
My trial for "Driver failing to wear seat belt" was adjourned as I had not received disclosure before the trial.
The cop was present (I agreed to the same new trial date the cop will be returning for on another individual's adjournment).
Both the cop and the prosecutor advised me of video evidence, however the lady in room 12E (Toronto; 60 Queens) showed me that the disclosure I…
OVER 49km/h in DVP
Hi everyone.
Need some help here for the 1st time speeding ticket?
Sunday morning 12:10am when I was going home from work I was doing bit speeding on Gardiner. I was going with about 130km/h. I know its fast. I always take the same way and I know where the cops hide. They always hide entrance of the highways. If I will do speeding I always look my back and did look this time too. I took gardiner…
Careless Driving Summons Under Part I as result of accident
Hello All,
I just have a question in regards to the summons Under Part 1 I received for an rear end accident:
I was driving on the 2 lane road, and the car in front of me suddenly stopped, I had seen the car, and so I started to brake, however I heard noise from the back and looked int o the rear view mirror and saw a huge "truck" so I decided to go right, took the feet out of brakes but couldnt…
Can the HTA be enforced in a mall parking lot
I have searched and I know the general rule is no, barring criminal charges or tresspassing. So let me use 2 specific issues I have.
1) I have some business in some area malls after hours. Once I have pulled into the mall lot on the way to the closest door I rarely stop at stop signs unless there is a car or person nearby. (i do not carelessly speed, i do show caution, just do not fully stop) Can…
2 tickets I'm scared
In June at 401 London and Wellington I got hit twice, speeding which I didn't realize I was doing and cell phone. The Officer made me open my purse and show him my phone. I was going to meet a Rep of my Company in Kitchener, he called I answered. WRONG! The Officer wasn't even nice. My record was clean and he slapped me twice. I sat in the car and sobbed for 20 minutes as I was scared out of…
Who Are You?
Hi there.
I wanted to "reply" elsewhere...but the more appropriate areas were "locked" to replies....so, here are a couple of questions...from a newbie to this site:
1. Who ARE you? (I'm a little edgy about conversing on a forum whose ownership is not stated anywhere on an "About" page") No offense intended whatsoever. Just like to know who I'm talking with/in front of.......your honor! 
2. Can I…
Caught doing 138 in an 80 zone
Details of the offence:
I was following a Black Jeep for about 15 minutes on County Road 503 in the Township of Minden with the cruise control set at 87Km/hr
I didn't feel comfortable driving behind the Black Jeep since it limits my view of the road up ahead (at around 7PM on a Sunday)
I decided to pass when safe (just outside of Gooderham and before Irondale),
I was travelling eastbound downhill on…
RIGHT Hand Turn from Middle Lane on Red - Opinions/Facts
Scenario:
You are coming off of a highway exit and there are 3 lanes: right hand lane for right hand turn; middle lane for left AND right turn (but no straight thru since it is only a three-way intersection); and left lane for left hand turn. You are first in the middle lane, signalling to make a right.
CAN YOU make a right hand turn from the middle lane on a red if the traffic is clear?
I have…
Trial/disclosure strategy for Speeding ticket
Hey everyone first off I'd like to say great website, I have been reading and it is very useful
I'm posting today as I'd like to get some feedback on my situation and have a couple of questions. Please excuse the vagueness in some areas - I don't want my case to be identifiable given the small town.
So I was driving up north and was pulled over by an OPP SUV for doing 31 over. Cop drove past me,…
Section 37(1) - Drivers under 16 prohibited
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?
144(18) - proceed before green - bicycle
Hey everyone,
I was heading northbound on my bike downtown on friday. After the east/westbound lights went red and after a long pause I decided to get a head start and proceed before the light changed to green. About a block north of me an officer stepped out of an unmarked cruiser and pulled me over and gave me a $180 ticket. Now I see on this site that I should have been given points for it..but…
Ridiculous Insecure Load Ticket
Hello,
Got a ticket Saturday for insecure load. The officer was a real jerk and unfair. I had nothing hanging out the sides and the load wasn't that high. Just taking some junk to the dump. I was doing 40 on Ashley St in Foxboro, 4 ways on taking my time and nothing was going to fall out. I'm thinking about fighting it. Anyone experienced this before?
Thanks very much for reading!!
What can I drive!?
So I got convicted of a dui.. I have been riding my bike in the snow and taking the bus. I am a driving enthusiast and I will be going to the race track all summer but I NEED to drive something right now!
I have done lots of research and even an electric assisted bike that a 16 year old can drive legally on the road is not an option to someone with a dui suspension.
Now I also considered a farm…
100kph in a posted 80kph zone
Hey this is my first ticket so as much information that people can provide will be appreciated. I was making the drive home going around 90kph(in a 80) behind what I knew was an undercover police car. The cop abruptly pulled to the side and pulled back in behind me to pull me over. Now I reduced my speed to below 80 when the cop pulled to the side but he claimed he had me clocked at 109kph and…
Looks like I was screwed today - "Unsafe Lane Change" - NOT!
Hi all,
So I was heading home to today and I was in the left lane of the off ramp, some lady cut across her lane of traffic and across the off ramp median and hit the back side of my car! After a few meters of bumping (I was dazed and confused) I stopped the car.
I call 911 and was told to move the car to the shoulder.
Cop comes, interviews both of us, and lets the lady go! The cop proceeds to give…
Disabled person parking ticket - $350!! Help!!
My partner got a ticket for parking in disabled parking, and we don't want to pay! So far all I can come up with is this:
Halton Hills (where he got the ticket) Parking bylaw (1984-0001) Section III item 12 (c) says:
(c) A designated disabled person parking space shall be distinctly indicated in
accordance with the Regulations of the Highway Traffic Act.
But I can't find anything in the HTA about…
116KM/hr in 100KM/hr seriously?
An undercover cop, well not sure if he was even a cop to be honest, maybe a constable pulled me over after I passed him shortly after a construction zone. He asked me if I was in a rush and said that he was going 105 and I was going 120. It seems mostly from our conversation that he was pissed off that I passed him, because he never told me that I was speeding. None the less the ticket says…
Parking 3M of Firehydrant
Hi,
I got this ticket last year in toronto and received court date recently.
Basically I parket on a street where there are marked spots for car parking but they were all faded with only the white edges showing. I assumed I was in the correct spot when I got out. I never noticed the fire hydrant in the bushes.
When I returned I saw the ticket and then noticed the fire hydrant and when I to the…
Form 4 Offence Notice - content
Hi everyone,
I would like to know if anybody could tell me what "V" stands for on the Code section of the Form 4. I think that it will be useful to understand what information is on this form in order to make a decision on what option we should chose.
Carrying two insurance cards Ontario
Carrying two insurance cards Ontario
A friend was charged with possessing two proofs of insurance, the expired card along with a valid card.
I recall visiting this subject some years ago and found some reference under the HTA, but I cannot find any reference now.
What if any regulation in Ontario states that you are only allowed to carry a single proof of insurance.
I know myself that I will often…
Red light fail to stop under section 144 (18) HTA
Hi Everybody,
I recently received a ticket for red light fail to stop under section 144 (18) of the Highway Traffic Act at the intersection of Dupont St. and Dufferin St. in Toronto with a set fine of $150 and total payable of $190. I think I entered the intersection on a yellow, however that is not the way the officer saw it. During the traffic stop the officer was polite bordering on friendly…
Moore St near Bayview (HTA 182 (2)) A couple of questions...
Got my first ticket last Thursday and I have a couple of questions. I was driving westbound on Moore St. (west of Bayview) and made a left onto a residential street at a 4-way stop sign. It was my first time driving through that area - was driving my girlfriend to a wisdom tooth surgery.
The police were set up to catch people, as that intersection had a no left turn sign from 7-9 am (buses…
