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
- 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! ![]()
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.
- hwybear
- High Authority

- Posts: 2934
- Joined: Tue Apr 22, 2008 7:21 am
- Location: In YOUR rearview mirror!
-
Posting Awards
Re: Freedom to travel
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".
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.
-
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
Similar Topics
-
-
- freedom to travel
- Posted in Driving While Suspended
- By 3rdStriker333 on
- Replies: 1
-
-
-
-
- Fatal error - wrong travel direction noted on ticket
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By Hemway on
- Replies: 1
-
-
-
- Right to Travel
- Posted in General Talk
- By Jack-Frost on
- Replies: 2
-
-
-
- Attendance (travel) money for summons to witness
- Posted in Courts and Procedure
- By mzone4015 on
- Replies: 1
-
-
-
- Annual Inspection / Yellow Sticker when towing travel trailer
- Posted in General Talk
- By easycamper on
- Replies: 3
-
Featured Topics
No Right Turn - Disobey Sign
Hi There,
I was driving on Eglinton W and turn right on Strathearn (near Eglinton/Allen Road). There was a no right turn (from 3pm to 7pm) sign which I didn't see.
The cop was waiting there, apparently nobody sees the signs but they are there.
I don't believe I have much to do here but, trying to find…
Owner Notification in writing of Vehicle Impoundment Letter
I was presented with a summons to a stunt driving charge on November 1st and the vehicle ownership is under my dad's name for insurance reasons.
It says on my impoundment form there is supposed to be a form mailed to the owner to notify the owner of the vehicle impoundment.
My dad does not yet know…
115km/h on hwy 400
I know this technically doesn't fit on this board (3 demerit points) as it seems that 15km/h over just means a 50 dollar fine, I would like some advise though, I'm not sure how I should proceed.
The incident happened in Feb, driving south on highway 400 near Barrie. I was in the fast lane, doing…
Question regarding debris
Quick question about debris (broken taillights ect) from an accident and responsibility.
If someone hit something that broke off (not cargo), but 30 minutes after the original accident and other cars managed to avoid everything. The debris was avoidable who is responsible for damage to that car.
HELP: Stunt Driving (117 km/hr in a 40) + Speeding sec.128
Need some advice on reaching a plea deal with the prosecutor and how to go about talking to the crown. I'm not here to be lectured ect. I'm aware I made a mistake, and need advice on fixing it. So kindly keep comments about my impulsive decision to yourself.
Backstory:
I'm 19 with a g2 license. Was…
Is this legal (Lighting)?
Hi there,
I was just wondering if this is legal? From what I interpreted from the HTA, it is legal but the wording is very vague.
My car as of right now (stock) has the:
Inner light (closest to grille) as orange (on when parking lights/headlights are on and blink when turn signal is activated)
Outer…
Failure to stop within marked lane
Hello,
First post..... My fiancee this week was in an accident and she was handed a 3 demerit point 154 (1) (a) charge for 115 dollars or something and 3 demerit points.
Demerit points do not matter to insurance companies, convictions do ... is there a chance that she could go to court and the…
68 over ..
I was reading the other topic in this fourm.
I was on hwy 37 trying to make my girlfriends ganadmas mass and I live an hour away and I had an hour to get there so I was going fast but not 50 over untill some idiot got on my tail soo close that I was to concentrated on him that I kept going faster…
NEED HELP - Stunt charge - Some initial questions please
Got stopped for what I thought was going to be speeding, officer apparently had other ideas which needless to say surprised the heck out of me since Im positive I was not going over 150.
Ive done a LOT of reading already on here, Ticket Combat and some specific cases on Canlii (need to look up even…
Disobey Stop Sign ticket - Markham Dec09
I just received my first stop sign ticket in Markham. Has anyone successfully defended a stop sign ticket? If so, what strategies did you use? The officer that pulled me over said I slowed down but didn't stop. I felt that I stopped momentarily. I have no previous moving violations or…