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Thread: Caught With No Insurance

  1. #101
    bolly's Avatar
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    Re: Caught With No Insurance

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  2. #102

    Re: Caught With No Insurance

    Quote Originally Posted by JavaFan View Post
    ^ happy it was a pleasant experience having your civil rights violated
    Police in Ontario do not need PC to perform a document check. They can't go fishing while you're pulled over though.
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  3. #103
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    Re: Caught With No Insurance

    Quote Originally Posted by Evoex View Post
    Police in Ontario do not need PC to perform a document check. They can't go fishing while you're pulled over though.
    yup, actually it's Canada wide
    SCC ruled that although the unlawful detention from a non-PC stop was against the Charter
    the benefit to public safety outweighed the minor trampling of our Constitutional rights
    I'm not good with them deciding what Charter rights are important and what aren't
    Quote Originally Posted by xrljoel View Post
    The guy with a Che Guevara avatar introduces sensibility to a political discussion???

  4. #104

    Re: Caught With No Insurance

    Quote Originally Posted by JavaFan View Post
    yup, actually it's Canada wide
    SCC ruled that although the unlawful detention from a non-PC stop was against the Charter
    the benefit to public safety outweighed the minor trampling of our Constitutional rights
    I'm not good with them deciding what Charter rights are important and what aren't
    Which rights are being infringed upon?

  5. #105

    Re: Caught With No Insurance

    Quote Originally Posted by caboose56 View Post
    Which rights are being infringed upon?
    Specifically this one:

    Detention or imprisonment 9. Everyone has the right not to be arbitrarily detained or imprisoned.

    https://scc-csc.lexum.com/scc-csc/sc...m/614/index.do

    In 1990, the Supreme Court of Canada ruled 5-4 that random traffic stops do not violate a person's Charter Rights as long as police are checking for the licence, registration and insurance status, mechanical fitness of the vehicle or the sobriety of the driver.
    Last edited by Evoex; 05-19-2018 at 08:34 AM.
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  6. #106

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    Re: Caught With No Insurance

    Quote Originally Posted by Evoex View Post
    Specifically this one:

    Detention or imprisonment 9. Everyone has the right not to be arbitrarily detained or imprisoned.

    https://scc-csc.lexum.com/scc-csc/sc...m/614/index.do

    They are not violating any rights and can pull you over to check that your documentation is in order.

    This has been challenged in supreme court and upheld in 1990
    R v. Ladouceur. File #20408

  7. #107
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    Re: Caught With No Insurance

    Quote Originally Posted by bigguy1 View Post
    They are not violating any rights and can pull you over to check that your documentation is in order.

    This has been challenged in supreme court and upheld in 1990
    R v. Ladouceur. File #20408
    that is the case law that Evoex quoted in his link

    a right is a right
    the Charter is entrenched in the Constitution
    it is not a political Bill that passed parliament to be possibly overturned by any Judge in the land
    or re-written when we have a change of government

    Article 9 of the Charter guarantees the right to be free from Arbitrary Detention
    just because SCC opines that although our article 9 rights area being violated
    the interest of public safety outweighs a minor trampling
    I don't agree...they are judges that come and go, the Constitution and Charter don't
    arbitrary stops are a violation of our Charter rights

    here is their conclusion:

    While the routine check is an arbitrary detention in violation of s. 9 of theCharter ,
    the infringement is one that is reasonable and demonstrably justified in a free and democratic society.

    Last edited by JavaFan; 05-19-2018 at 06:34 PM.
    Quote Originally Posted by xrljoel View Post
    The guy with a Che Guevara avatar introduces sensibility to a political discussion???

  8. #108

    Re: Caught With No Insurance

    Quote Originally Posted by JavaFan View Post
    that is the case law that Evoex quoted in his link

    a right is a right
    the Charter is entrenched in the Constitution
    it is not a political Bill that passed parliament to be possibly overturned by any Judge in the land
    or re-written when we have a change of government

    Article 9 of the Charter guarantees the right to be free from Arbitrary Detention
    just because SCC opines that although our article 9 rights area being violated
    the interest of public safety outweighs a minor trampling
    I don't agree...they are judges that come and go, the Constitution and Charter don't
    arbitrary stops are a violation of our Charter rights

    here is their conclusion:

    While the routine check is an arbitrary detention in violation of s. 9 of theCharter ,
    the infringement is one that is reasonable and demonstrably justified in a free and democratic society.

    Why do you keep writing “constitution”?

  9. #109

    Re: Caught With No Insurance

    Quote Originally Posted by caboose56 View Post
    Why do you keep writing “constitution”?

    Because canada has one?

  10. #110

    Re: Caught With No Insurance

    Quote Originally Posted by bigpoppa View Post
    Because canada has one?
    Had to go do some googling to see that I’ve forgotten some things.

    I was thinking the term “constitution” was an American thing, whereas we have the CCRF... but we have both

    I’ll see myself out.

  11. #111

    Re: Caught With No Insurance

    Lol
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