[Bouboumaster]

I'm totally for this. There's too many accidents caused by drunktards, enough of this.

[Bouboumaster]

ASLplease ASLplease:

how about the police randomly searching our teen daughters "for safety"?

Don't blame the policemen, blame the parents.

[EyeBrock]

RUEZ RUEZ:

PublicAnimalNo9 PublicAnimalNo9:

Let me repeat myself. I'll happily get pulled over every day and 3 times on Sunday. Driving is a privilege, not a right.

Owning a home isn't a right either. Will you willingly open your home to the police randomly at their leisure so they can be assured a crime isn't being committed? After all it's only a minor inconvenience. How about letting the police randomly search your person? Who knows every ten people they search may have a weapon.

It's not an equitable comparison Ruez.



Here's the way the BCCA summed it up on that case law I posted.


"A random stop for the purpose of investigating motor vehicle infringements is an arbitrary detention, but is justifiable pursuant to s. 1 of the Charter."

"As for place, it is well-established that there is a reduced expectation of privacy in a vehicle: R. v. Wise, [1992] 1 S.C.R. 527; R. v. Belnavis, [1997] 3 S.C.R. 341. Driving is a heavily regulated activity, and motorists should and do know that while on the road, they are subject to police traffic stops, traffic cameras, streetlights, and the eyes of other curious drivers."

A vehicle is not a home. The expectation of privacy is vastly different than in a house and the courts have ruled on this time and time again.

[ASLplease]

a vehicle is often ruled as a place of residence, in which case, the same right are applied, thats why im allowed to drink beer in my campervan on crown land, ie Im camping.

[EyeBrock]

ASLplease ASLplease:

a vehicle is often ruled as a place of residence, in which case, the same right are applied, thats why im allowed to drink beer in my campervan on crown land, ie Im camping.

You are confusing the criminal code and provincial law.

A vehicle being driven on a road is not a residence per say in the criminal code of Canada.

[DrCaleb]

EyeBrock EyeBrock:

RUEZ RUEZ:

PublicAnimalNo9 PublicAnimalNo9:

Let me repeat myself. I'll happily get pulled over every day and 3 times on Sunday. Driving is a privilege, not a right.

Owning a home isn't a right either. Will you willingly open your home to the police randomly at their leisure so they can be assured a crime isn't being committed? After all it's only a minor inconvenience. How about letting the police randomly search your person? Who knows every ten people they search may have a weapon.

It's not an equitable comparison Ruez.



Here's the way the BCCA summed it up on that case law I posted.


"A random stop for the purpose of investigating motor vehicle infringements is an arbitrary detention, but is justifiable pursuant to s. 1 of the Charter."

"As for place, it is well-established that there is a reduced expectation of privacy in a vehicle: R. v. Wise, [1992] 1 S.C.R. 527; R. v. Belnavis, [1997] 3 S.C.R. 341. Driving is a heavily regulated activity, and motorists should and do know that while on the road, they are subject to police traffic stops, traffic cameras, streetlights, and the eyes of other curious drivers."

A vehicle is not a home. The expectation of privacy is vastly different than in a house and the courts have ruled on this time and time again.

To further your point EB, the SCOC has stated that a home is a place of absolute privacy, and I can do whatever in my home in front of a picture window - and the public is expected to not look.

R. Vs Clark

[EyeBrock]

It goes with numerous common-law rulings in the vein of "An Englishman's home is his castle."

Cars 'aint castles, even when parked.

You are nearly there DrCaleb but you can't be committing and overtly indecent act in your front window that can be easily seen by the public. There are a few parameters to total freedom in your house. It should not impact others in a negative way.

[ASLplease]

EyeBrock EyeBrock:

It goes with numerous common-law rulings in the vein of "An Englishman's home is his castle."

Cars 'aint castles, even when parked.

You are nearly there DrCaleb but you can't be committing and overtly indecent act in your front window that can be easily seen by the public. There are a few parameters to total freedom in your house. It should not impact others in a negative way.

not true, i personally beat a drinking in public charge, i was sitting on the hood of my car having a beer on crown land when a peace officer in his wisdom decided to write me the ticket.

and i was able to establish ( through pictures of my camping gear) that it was my place of residence. the case was thrown out by the judge.

[EyeBrock]

In Ontario, the LLA makes specific mention of tents, campers and vessels equipped with certain facilities being treated as residences for that particular act.

The criminal code has much differing definitions.

[ASLplease]

EyeBrock EyeBrock:

In Ontario, the LLA makes specific mention of tents, campers and vessels equipped with certain facilities being treated as residences for that particular act.

The criminal code has much differing definitions.

irrelevant because campers by default are not criminals.

[EyeBrock]

And breaching the Liquor Licence Act is not criminal.

You really don't have the legal knowledge to debate this stuff.

[bootlegga]

BartSimpson BartSimpson:

Curious, what other liberties are Canadians willing to surrender in exchange for a little transitory safety?

That's highly ironic coming from someone living in a nation with not one, but two Patriot Acts...

[bootlegga]

stratos stratos:

Wasn't to any good German prior to and during WW11 either.

World War 11? I knew I shouldn't have slept in last week!

[RUEZ]

bootlegga bootlegga:

BartSimpson BartSimpson:

Curious, what other liberties are Canadians willing to surrender in exchange for a little transitory safety?

That's highly ironic coming from someone living in a nation with not one, but two Patriot Acts...

Interesting how he glosses over the loss of freedoms in his own country when criticizing Canada.

[stratos]

bootlegga bootlegga:

stratos stratos:

Wasn't to any good German prior to and during WW11 either.

World War 11? I knew I shouldn't have slept in last week!

Sorry been up for ever it seems pulling a lot of hrs at work