A place to discuss any general Highway Traffic Act related items.

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admin
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by: admin on

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! ;)

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Squishy
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by: Squishy on

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.

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hwybear
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by: hwybear on

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
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