Caught With No Insurance

JavaFan said:
^ happy it was a pleasant experience having your civil rights violated
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Police in Ontario do not need PC to perform a document check. They can't go fishing while you're pulled over though.
 
Evoex said:
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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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
 
JavaFan said:
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
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Which rights are being infringed upon?
 
caboose56 said:
Which rights are being infringed upon?
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Specifically this one:

Detention or imprisonment

[TD="width: 62"] 9. [/TD]
[TD="width: 434"] Everyone has the right not to be arbitrarily detained or imprisoned.[/TD]

https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/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.
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bigguy1 said:
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
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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.

 
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JavaFan said:
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.
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Why do you keep writing “constitution”?
 
bigpoppa said:
Because canada has one?
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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.
 
insurancehelp said:
Hey,

Got caught driving without insurance. Have already contacted RedLine. What're my chances to have this dropped? I've already gone ahead and gotten insurance now, though not sure if it'll help.

Any help would be appreciated!

No need to tell me how stupid I am for doing this, I already know. Fml
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You are going to get a $5,000 fine but that's only half of what insurance would had cost you in a year if you are a newbie in a supersport. You are still saving money even if you got caught.
 
Pegassus said:
You are going to get a $5,000 fine but that's only half of what insurance would had cost you in a year if you are a newbie in a supersport. You are still saving money even if you got caught.
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Has anyone ever...anywhere....called you a role model?
 
Pegassus said:
You are going to get a $5,000 fine but that's only half of what insurance would had cost you in a year if you are a newbie in a supersport. You are still saving money even if you got caught.
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You forget the long term cost when that conviction get on the books.
 
Pegassus said:
You are going to get a $5,000 fine but that's only half of what insurance would had cost you in a year if you are a newbie in a supersport. You are still saving money even if you got caught.
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