I love your simple, quick explanations. This is a real service to Kanadians as there are many of these types of videos for Americans but not many for Kanadians. Thanks a lot.
Aboriginal roots The name “Canada” likely comes from the Huron-Iroquois word “kanata,” meaning “village” or “settlement.” In 1535, two Aboriginal youths told French explorer Jacques Cartier about the route to kanata; they were actually referring to the village of Stadacona, the site of the present-day City of Québec. For lack of another name, Cartier used the word “Canada” to describe not only the village, but the entire area controlled by its chief, Donnacona. The name was soon applied to a much larger area; maps in 1547 designated everything north of the St. Lawrence River as Canada. Cartier also called the St. Lawrence River the “rivière du Canada,” a name used until the early 1600s. By 1616, although the entire region was known as New France, the area along the great river of Canada and the Gulf of St. Lawrence was still called Canada. Soon explorers and fur traders opened up territory to the west and to the south, and the area known as Canada grew. In the early 1700s, the name referred to all French lands in what is now the American Midwest and as far south as present-day Louisiana. The first use of Canada as an official name came in 1791, when the Province of Quebec was divided into the colonies of Upper Canada and Lower Canada. In 1841, the two colonies were united under one name, the Province of Canada.
I got pulled over by the OPP in a paddle boat because we had a beer, I wasn't drunk but the cops made us pour out the beer and because we didn't have life jackets they told us they could fine us for that and for drinking in public. Luckily they were decent cops and just told us to go back and get life jackets if we wanted to keep riding in the paddle boat, this was early 90s BTW.
A following comment discusses required safety equipment and procedures, that may have led to the additional charging if the person stopped was belligerent instead of cooperative..
It’s private property, this guy clearly is working for the government and not for the public in correct law advise You can do whatever you want that doesn’t directly create a victim on your own property, aside from logical things like shooting a gun within a close proximity of another dwelling…..
Actually it's about keeping roads safe to use from drug and alcohol impaired drivers. Ask someone who had a loved one k1ll3d by a drunk driver. As for private property and the water it's a safety issue as self injured people are a burden on the medical system
Canadian law is f'd. Considering an ebike and a several ton truck the same under the law is ridiculous. Same charges. Same punishment 🙄. Golf carts and lawnmowers too? If the law wasn't selectively imposed, we'd need to build 200% more jails.
You can get dui riding a bicycle drunk. My buddies dad got a ticket for driving his riding lawn mower on his property and he had a can of beer in the cup holder got caught for that cop driving by saw and ticket him lol
@@TheManKnownAsJR Canada is slowly being taken over by china . Trudeau works with them behind the scenes, there’s been Chinese police stations undercover found in Canada, he brings Indians here cause India is part of BRICS, china has interfered in our elections. China wants to set up shop in Canada cause it’s beside USA . It’s a slow take over it’s the plan. Country slowly turns more communist as the years go by. Canadians know this though and it’ll change in a year when that dumb piece of shit is out of office. Talk about going to jail and getting tickets, that man should spend rest of his life in jail for abusing his power and taking away peoples freedoms especially during the pandemic. Never forget he froze peaceful protestors bank accounts. Also never forget if you’re in Ontario your boy douggy ford tried telling the cops during pandemic to pull every car over and ask where they’re going and the cops said no they won’t do that. Don’t forget this things next time an election comes up. We are the boss now the clown with hair in office . He should be fired . 70% or more Canadians want him gone why does he remain in office bro you’re fired gtfo. I wish I could go and talk live in front of people I’d have an army of people to take these clowns down. The people have the power no body else
In NZ, anywhere you can drive a vehicle (legally or illegally) is considered a road (for the purposes of the transport act) and you can be stopped. This change to the transport act was originally made to enable law enforcement to apprehend & charge drunk drivers who fled off the public road and onto private property to avoid penalty or arrest. It is a "catch all" deliberately. It also means you can't drive a golf cart drunk, and any vehicle you use on your farm needs a warrant of fitness (WOF). Whether the law is enforced is entirely at the discretion of the officer. I learned this when I completed my forklift licence training course.
That's not the same thing ffs. If they see you on the road first yes. But if you never leave your property police can not trespass at will. It will be poison fruit and dismissed in court. If you have a real lawyer and not some smuck
In today's society, some laws should be updated. Many apartment buildings are smoke-free now, so if, say on a Friday night, I'm having a couple of beer, or want to have a toke and it's raining or snowing out, if i sit in my car in the apt parking lot I could be charged for impaired driving even if the car isn't running. from what i understand.
It'd make for an interesting case if one doesn't have the means to start the engine of said vehicle. Kind of difficult to control or otherwise operate a wheel locked, unstartable motor vehicle without its keys.
So, do you have a gated property with a sign that says no trespassing? ....with some sort of doorbell, answering machine on a post? ....because THAT is the only way you can legally stop a cop or anybody from walking up to your door. There is a pretty name for it, I can't spell it but it's something like " curtiledge" ... meaning just what I explained, anybody can walk up your driveway and knock on your door if you don't have it set up right.
In BC a mobility scooter or power wheelchair is not subject to highway or motor vehicle acts. They are an invalid convenience and as such you cannot be charged with impaired driving.
The guy that moved in next to me a year ago had one of those breathalyzer lockout device in his truck, he told me he had been charged on his own property, went through a suspension, fine and then the device in the truck for a year.
One can certainly be charged, however, being convicted is another matter. My Wife's Uncle rolled an old beat up car on a dirt road joining his property with his brother's (My Wife's Dad) combined 80 acres. Someone called the Cops and they showed up and charged him with impaired Driving and Driving with a Suspended License. Crown presented the case to Court, and the Judge tossed it and dismissed the charges. Police can present the case and Crown can charge, however it's all up to the Judge.
The difference between NANNY STATE CANADA and say Europe for example is apparently I cannot drink a beer in front of my home (ahead of the brick wall) whereas while waiting for an airline transfer in Germany having a sandwich and a can of beer while walking through the airport, I never got arrested. Try that at any airport in Canada.
I knew a pipefitter back in ‘82 that lived only 2 blocks from a bar, had a few and instead of driving home slept in his truck. He lost his licence because he had his keys with him while he slept and blew over the limit.
How would the police legally get on my property? Without my permission? This would seem to be a BS charge, best they be there with a warrant in hand. Maybe they would be considered intruders?
OK, a wildfire is approaching, I guess they need to get a warrant in order to warn you of immediate danger? A wanted, armed and dangerous fugitive just ran onto your property, they have to remain off of the property and allow escape while getting a warrant to continue pursuit? Not conversant with Canadian law, I can think of those immediately.
@@spvillanothis is called disengenuousness. It's a disease that has swept across Canada. It happens when a person takes something out of context and to the extreme as if that's the only way it can be. Like you just did. It's low IQ. Stupidity. Pretending you don't understand the context and giving examples that have nothing to do with the original content. Like, how fucking stupid are you anyway?
In Canada you can be charged with impairment even if your in your own home for up to three hours after you stop driving even sitting in your own house you can be charged so if you just got home and you see flashing lights in your driveway don’t answer your door if you just cracked a pop
Yeah a friend of mine was charged with impaired after being home for the evening. He made the mistake of going out to the car to get something he left in there, couldn’t find it so put the keys in the ignition to turn on the lights. Big mistake as he had a few beer and a cop driving by thought he was trying to steal something. He did beat it in court but hassle and cost.
No they have to communicate their intentions. S.216 communication act once an intention is formed and has to be done on highway/roadside, once on private property regardless of one's own is no longer a driver as defined in the highway traffic act.
Now you can be charged under the CCC with “DUI” but, at least in B.C, it seems this charge is rare except for an extreme circumstance. The government here have in place extraordinary punishments under the MVA that really jam up your life in a way where you don’t need to be put on trial. So my question to you is, although the police can charge you in your examples, can they punish you under the provincial driving act and suspend your license, make you take a course, pay a fine or get a blower? Could they bring a tow truck onto your land and impound your golf cart?
I told my friend this and he didnt believe me. He got charged with DUI on private property. I told him it is the operation of the motor vehicle that is the crime and not where it as located.
If it's not motorised it wouldn't be considered a vehicle for purposes of a DUI charge... although you could face other charges. Interesting case currently ongoing in BC. A person was charged with operating a motor vehicle without valid insurance while riding his electric skateboard and faces a $598 fine. Ironically, in BC vehicle liability insurance can only be purchased through provincially owned ICBC... which does not offer licencing or insurance to any electric scooter, skateboard or power assisted bicycle.
If they witness you breaking the law, I.E. driving your riding lawnmower with a beer in your hand, they can enter your property without your permission.
Question, what constitutes “private property “, for instance, most property lots have an area from the street edge into the lot that is right of way for the city, town, municipality etc., for example, my property line only extends roughly 30’ from my house towards the street, the remaining footage , lest s say 20’ belongs to the city. So, and depending on where I was located, where would the law protect that protects me begin and end? I would presume only within the 30’ distance from the house, would that be correct?
My question is a motor vehicle is considered a motor vehicle if it travels at 40 km an hour or more! Is pushing a pram consider vehicle that’s the case?
Mike, my understanding is that you can be charged on private property if it is open to the public, like a shopping mall parking lot, golf club etc. If the police come to your private property for some reason and see you drinking beer on your lawn tractor, isn't charging you violating your constitutional rights?
@kruzelaw You’re incorrect about this statement in the first point They cannot come onto your private property to determine if you’re impaired or not, same as the golf courses etc. they don’t have jurisdiction on private property unless the owner of the property makes the call for service…. Anyone who pleads to this or doesn’t appeal a low court conviction isn’t looking at the laws correctly, superior court is bound by the proper law, not low court ignorance.
not on my driveway but yes on the grocery store parking lot. The police can't come on your property without legal justification. There are lots of cases about legal justification though. What is dui?
From experience if your private land ,is posted , they can not do anything ,you own property only if you live in city or town limits , private land has its own set of rules , Farming , then Mining ,then Recreational all have there own versions of the laws .
Keyword: Criminal Law - it is beyond the HTA. If they cannot stop you on private property... seems like it could yield for interesting situations. Sounds easily escape-able... and a good lawyer ought to make a good case. Good to know though. More reason for putting up gates. Any uninvited visitor is trespassing; even cops become trespassers at this point.
Couldn't they take an occupied (driver/passenger area enclosed) vehicle idling on a driveway or garage as a health safety situation - CO potential without adequate ventilation (a moving vehicle leaves its exhaust gases behind it but a stationary vehicle can allow exhaust gases to build up) a quick well intentioned safety check could hardly be argued against.
Save in one example I gave above. No keys, no ability to start the engine or operate, hence control the vehicle. And no ability to start the engine obviously means no CO accumulation possible, as humans don't emit CO. And if CO2 were to be considered a hazard, all buildings in Canada would have to be condemned.
My buddy lost his license for a year and got a 2000 dollar fine for sitting in his car in the middle of winter in his driveway of his house that had burned down that never moved for 8 hours because he was drinking in the car.The neighbors called on him. For sitting in what is now an empty field with some remains of where a house used to be. Neighbors 1.5 KM away because "the car sitting there for 8 hours was creepy". He had the car running to keep warm. This country is a god damn joke. I personally got threatened with care and control because I had a few beers while working on my car. The car could not be driven as it was on jack stands. I was told that I was on video drinking beer while working on my car. I said "so you are telling me you have video evidence of me NOT drinking and driving? I'll take that to court if I get the charges" and luckily I didn't get charged. I honestly would have loved to see how that would have played out if I could have got a jury trial on it.
in Toronto the police HQs have a cops only bar, some high rank cop got in a accident after leaving this bar impaired and nothing happened to him. just saying, ALL impaired caught should be busted.
In Canada .... you can be formally charged with functional breathing ... comported as 'official oppositional defiance' ... a federal crime against your automobile key fob. 😂
What kind of road was that again? Is not a private road by definition private property? Now, is law enforcement required to acquire a warrant to even approach an apartment and knock on the door?
Well believe it or not.. then if they can do that to anyone on there own private property.. then this IS NOT A FREE COUNTRY AT ALL.. The laws need to be changed and updated for the times that we live in
Guess you didn't watch the video huh? Btw impaired driving isn't a traffic violation it's a criminal offence, which does apply to private land . Not saying it's right but if that's what your counting on as a defence you in for a shock.
If it does not come under the HTA, then i'ts Bogus, just the Lawyers Racketeering as the write of of the Laws that "Steal your Freedoms", "Woe unto you, lawyers! For ye have taken away the key of knowledge: ye entered not in yourselves, and them that were entering in ye hindered." - Luke. XI, 52
You can be charged for anything, anywhere, anytime. We have no rights and freedom in Canada. And no protections under the law! We live in a Fascist country!!!
If you injure yourself: A - you've hurt yourself, and B - that healthcare costs all of us tax money. Also if you're willing to do it on private property it's a small leap to doing it on public roads. Seems like there's public incentive for police to interfere. I think the repercussions should be different however.
That’s BS! As long as you stay on your property Shouldn’t be an issue? Yet! If you leave your property and head out on the road. Fair game for law enforcement
In Kanadastan, police can break into your home, drag you out, and charge you with impaired driving even though they didn't witness you driving. Welcome to Trudeau's paradise...
Here is a crazy thought... What is you only drove when you were sober? Wouldn't that be fun? Y'know not being a selfish stupid dangerous POS who shouldn't have a licence if they CAN'T avoid driving drunk? Again, just a thought.
"NO PERSON COMMITS AN OFFENCE....THEY HAD NO REASONABLE EXPECTATION THEY WOULD BE REQUIRED TO PROVIDE A SAMPLE OF BREATH" criminal code 320.14(5)(b)This is another sensational lawyer trying to whip nimrods into a frenzy
I'mnot allowed to drive my lawn mower on public roads or sidewalks at all. Because it's not a motor vehicle in the eyes of the HTA. But if I crack a beer and mow my lawn oh lordy it's suddenly a motor vehicle! And I also can't have a beer while I operate a canoe or I can lose my driver's license and face other charges. This country is a fucking JOKE.
Man I’m so glad I stumbled upon this channel. All of these are questions I wonder about
I love your simple, quick explanations. This is a real service to Kanadians as there are many of these types of videos for Americans but not many for Kanadians. Thanks a lot.
“Kanadians” 😂😂😂
@@kirm8137 its Canadians.... not Kanadians
Because of Kanadistan. 😆
Aboriginal roots
The name “Canada” likely comes from the Huron-Iroquois word “kanata,” meaning “village” or “settlement.” In 1535, two Aboriginal youths told French explorer Jacques Cartier about the route to kanata; they were actually referring to the village of Stadacona, the site of the present-day City of Québec. For lack of another name, Cartier used the word “Canada” to describe not only the village, but the entire area controlled by its chief, Donnacona.
The name was soon applied to a much larger area; maps in 1547 designated everything north of the St. Lawrence River as Canada. Cartier also called the St. Lawrence River the “rivière du Canada,” a name used until the early 1600s. By 1616, although the entire region was known as New France, the area along the great river of Canada and the Gulf of St. Lawrence was still called Canada.
Soon explorers and fur traders opened up territory to the west and to the south, and the area known as Canada grew. In the early 1700s, the name referred to all French lands in what is now the American Midwest and as far south as present-day Louisiana.
The first use of Canada as an official name came in 1791, when the Province of Quebec was divided into the colonies of Upper Canada and Lower Canada. In 1841, the two colonies were united under one name, the Province of Canada.
@Tenshihan-Quinn its Canada last I check Karl marx
In Sault Ste. Marie Ontario the police charged a person with DUI for operating a paddle boat.
We don't have DUI in Canada. It's called impaired driving
I got pulled over by the OPP in a paddle boat because we had a beer, I wasn't drunk but the cops made us pour out the beer and because we didn't have life jackets they told us they could fine us for that and for drinking in public. Luckily they were decent cops and just told us to go back and get life jackets if we wanted to keep riding in the paddle boat, this was early 90s BTW.
@@kenlompart9905. Different story today! They’s bust you for everything they could think of!
A following comment discusses required safety equipment and procedures, that may have led to the additional charging if the person stopped was belligerent instead of cooperative..
I doubt that is true... or you left out detail
Check any golf course.......ANY golf course. They deliver beer to you while you drive that carts around....they generate revenue because of this.
Town council and certain officials may have complimentary passes, no influence intended.
It’s private property, this guy clearly is working for the government and not for the public in correct law advise
You can do whatever you want that doesn’t directly create a victim on your own property, aside from logical things like shooting a gun within a close proximity of another dwelling…..
@@AlwaysONTHERISE247 bullshit. You don't have a clue
the main point is "intoxicated"
It's not about justice it's about stealing as much money as possible
Actually it's about keeping roads safe to use from drug and alcohol impaired drivers. Ask someone who had a loved one k1ll3d by a drunk driver. As for private property and the water it's a safety issue as self injured people are a burden on the medical system
100%, look at what they use helicopters for... just speeding and more tickets
How many people killed from impaired driving with no alcohol involved?@@Thelegend-z7d
Canadian law is f'd. Considering an ebike and a several ton truck the same under the law is ridiculous. Same charges. Same punishment 🙄. Golf carts and lawnmowers too? If the law wasn't selectively imposed, we'd need to build 200% more jails.
Add to the fact that I can be charged with impaired in my canoe, or bicycle, and lose my drivers licence. WTF? These laws are fucked!
we have very few rights in Canada
You can get dui riding a bicycle drunk. My buddies dad got a ticket for driving his riding lawn mower on his property and he had a can of beer in the cup holder got caught for that cop driving by saw and ticket him lol
In Canada, everything illegal and everything is legal. Depends on how good your lawyer is.
@@TheManKnownAsJR Canada is slowly being taken over by china . Trudeau works with them behind the scenes, there’s been Chinese police stations undercover found in Canada, he brings Indians here cause India is part of BRICS, china has interfered in our elections. China wants to set up shop in Canada cause it’s beside USA . It’s a slow take over it’s the plan. Country slowly turns more communist as the years go by. Canadians know this though and it’ll change in a year when that dumb piece of shit is out of office. Talk about going to jail and getting tickets, that man should spend rest of his life in jail for abusing his power and taking away peoples freedoms especially during the pandemic. Never forget he froze peaceful protestors bank accounts. Also never forget if you’re in Ontario your boy douggy ford tried telling the cops during pandemic to pull every car over and ask where they’re going and the cops said no they won’t do that. Don’t forget this things next time an election comes up. We are the boss now the clown with hair in office . He should be fired . 70% or more Canadians want him gone why does he remain in office bro you’re fired gtfo. I wish I could go and talk live in front of people I’d have an army of people to take these clowns down. The people have the power no body else
In NZ, anywhere you can drive a vehicle (legally or illegally) is considered a road (for the purposes of the transport act) and you can be stopped. This change to the transport act was originally made to enable law enforcement to apprehend & charge drunk drivers who fled off the public road and onto private property to avoid penalty or arrest. It is a "catch all" deliberately. It also means you can't drive a golf cart drunk, and any vehicle you use on your farm needs a warrant of fitness (WOF). Whether the law is enforced is entirely at the discretion of the officer. I learned this when I completed my forklift licence training course.
That's not the same thing ffs. If they see you on the road first yes. But if you never leave your property police can not trespass at will. It will be poison fruit and dismissed in court. If you have a real lawyer and not some smuck
This also includes motorboats and jet skis etc
And bicycles. Curiously, if you don't have a license and are riding a bike, you only get a fine. Bullshit.
In today's society, some laws should be updated. Many apartment buildings are smoke-free now, so if, say on a Friday night, I'm having a couple of beer, or want to have a toke and it's raining or snowing out, if i sit in my car in the apt parking lot I could be charged for impaired driving even if the car isn't running. from what i understand.
@user-ty7fm1ei7j he said if car is running they can bust you
If you have an addiction that annoys other people, you should seek treatment.
It'd make for an interesting case if one doesn't have the means to start the engine of said vehicle. Kind of difficult to control or otherwise operate a wheel locked, unstartable motor vehicle without its keys.
@@emdxemdx interesting jump from wanting a smoke to addiction.
Your oxygen addiction is annoying to me, seek treatment immediately.
@@spvillano100 percent agree that person is a clown
If a cop shows up on my property without a warrant, I tell then to get the fk off my property.
go ahead and try that. I dare you to.
@fahqahsowl6498 ive done it before. They left. You see they need a warrant or a judges order to access your property....otherwise fkoff
So, do you have a gated property with a sign that says no trespassing? ....with some sort of doorbell, answering machine on a post? ....because THAT is the only way you can legally stop a cop or anybody from walking up to your door. There is a pretty name for it, I can't spell it but it's something like " curtiledge" ... meaning just what I explained, anybody can walk up your driveway and knock on your door if you don't have it set up right.
@TYRONE_SHOELACES yes, I have a iron gate entrance, signs, cameras, and stand 6'3" 225 lbs. Stay the fk off my property unless you have a warrant!
In BC a mobility scooter or power wheelchair is not subject to highway or motor vehicle acts. They are an invalid convenience and as such you cannot be charged with impaired driving.
@stoptuna7671 yup. Those are specifically exemption in the act. Good point fine sir
Our shoemaker was pushing his bicycle home on the sidewalk. Not even riding it. Charged and convicted for impaired.
I would consider that overreaching of law enforcement. How many cops and judges drive golf carts at a golf course completely trashed!
The guy that moved in next to me a year ago had one of those breathalyzer lockout device in his truck, he told me he had been charged on his own property, went through a suspension, fine and then the device in the truck for a year.
One can certainly be charged, however, being convicted is another matter. My Wife's Uncle rolled an old beat up car on a dirt road joining his property with his brother's (My Wife's Dad) combined 80 acres. Someone called the Cops and they showed up and charged him with impaired Driving and Driving with a Suspended License. Crown presented the case to Court, and the Judge tossed it and dismissed the charges. Police can present the case and Crown can charge, however it's all up to the Judge.
The difference between NANNY STATE CANADA and say Europe for example is apparently I cannot drink a beer in front of my home (ahead of the brick wall) whereas while waiting for an airline transfer in Germany having a sandwich and a can of beer while walking through the airport, I never got arrested. Try that at any airport in Canada.
I knew a pipefitter back in ‘82 that lived only 2 blocks from a bar, had a few and instead of driving home slept in his truck. He lost his licence because he had his keys with him while he slept and blew over the limit.
Keys were probably in ignition
@@davidwhitworth6030 haha! As I recall they were in his pocket and he was sleeping in the back. He had a canopy on the box.
How would the police legally get on my property? Without my permission? This would seem to be a BS charge, best they be there with a warrant in hand. Maybe they would be considered intruders?
He said they better have a warrant. Would have saved you 3/4 of your comment.
OK, a wildfire is approaching, I guess they need to get a warrant in order to warn you of immediate danger?
A wanted, armed and dangerous fugitive just ran onto your property, they have to remain off of the property and allow escape while getting a warrant to continue pursuit?
Not conversant with Canadian law, I can think of those immediately.
@@spvillanothis is called disengenuousness. It's a disease that has swept across Canada. It happens when a person takes something out of context and to the extreme as if that's the only way it can be.
Like you just did.
It's low IQ. Stupidity. Pretending you don't understand the context and giving examples that have nothing to do with the original content. Like, how fucking stupid are you anyway?
If they see from off your property that a crime is being committed I believe they don't need a warrant to investigate.
In Canada you can be charged with impairment even if your in your own home for up to three hours after you stop driving even sitting in your own house you can be charged so if you just got home and you see flashing lights in your driveway don’t answer your door if you just cracked a pop
Under Trudeau Canada is becoming a communist country.
Yeah a friend of mine was charged with impaired after being home for the evening. He made the mistake of going out to the car to get something he left in there, couldn’t find it so put the keys in the ignition to turn on the lights. Big mistake as he had a few beer and a cop driving by thought he was trying to steal something. He did beat it in court but hassle and cost.
Under Trudeau Canada is becoming a dictatorship.
Under the present government Canada is becoming a dic tatorship.
@@kenlompart9905 That law was around long before Trudeau
Golf cart and bicycle DUI is absurd.
No. Precedent set in Humbolt, SK. in the 1990's. Lady was stopped driving through a parking lot and won. She was never on public roads.
No they have to communicate their intentions. S.216 communication act once an intention is formed and has to be done on highway/roadside, once on private property regardless of one's own is no longer a driver as defined in the highway traffic act.
Good advice
Canada..where everything is against the law. Do not pursue happiness!😢
Definitely fight it all the way!!!
Impaired driving is a Criminal Code offence, not a Highway Traffic Act offence. The Criminal Code of Canada applies everywhere and to everyone.
I'm going to catch a criminal case just so I can be in business you with Mike.
Let's GO!!! Great videos lately. Keep them coming.
The basic law is “Any motorized vehicles anywhere in Canada “. This includes boats, airplanes, off road vehicles and farm equipment.
Now you can be charged under the CCC with “DUI” but, at least in B.C, it seems this charge is rare except for an extreme circumstance. The government here have in place extraordinary punishments under the MVA that really jam up your life in a way where you don’t need to be put on trial.
So my question to you is, although the police can charge you in your examples, can they punish you under the provincial driving act and suspend your license, make you take a course, pay a fine or get a blower? Could they bring a tow truck onto your land and impound your golf cart?
I told my friend this and he didnt believe me. He got charged with DUI on private property. I told him it is the operation of the motor vehicle that is the crime and not where it as located.
I guess this sort of answers my question about the legality of smaller vehicles. So would the same happen with skateboards and roller skates?
If it's not motorised it wouldn't be considered a vehicle for purposes of a DUI charge... although you could face other charges. Interesting case currently ongoing in BC. A person was charged with operating a motor vehicle without valid insurance while riding his electric skateboard and faces a $598 fine. Ironically, in BC vehicle liability insurance can only be purchased through provincially owned ICBC... which does not offer licencing or insurance to any electric scooter, skateboard or power assisted bicycle.
So the question now arises, can the police come on your property without permission?
If they witness you breaking the law, I.E. driving your riding lawnmower with a beer in your hand, they can enter your property without your permission.
Question, what constitutes “private property “, for instance, most property lots have an area from the street edge into the lot that is right of way for the city, town, municipality etc., for example, my property line only extends roughly 30’ from my house towards the street, the remaining footage , lest s say 20’ belongs to the city. So, and depending on where I was located, where would the law protect that protects me begin and end? I would presume only within the 30’ distance from the house, would that be correct?
Hey Laywer would the policy enforcement officers need a search warrant before entering your private property?
My question is a motor vehicle is considered a motor vehicle if it travels at 40 km an hour or more! Is pushing a pram consider vehicle that’s the case?
Mike, my understanding is that you can be charged on private property if it is open to the public, like a shopping mall parking lot, golf club etc. If the police come to your private property for some reason and see you drinking beer on your lawn tractor, isn't charging you violating your constitutional rights?
I think Turdo cancelled our constitutional rights.
Try watching the video.
@@Borninafire Try reading my proposal
@@timewellwasted3341 Your 'proposal' is absolutely answered in the video. It's not violating your constitutional rights.
@kruzelaw
You’re incorrect about this statement in the first point
They cannot come onto your private property to determine if you’re impaired or not, same as the golf courses etc.
they don’t have jurisdiction on private property unless the owner of the property makes the call for service….
Anyone who pleads to this or doesn’t appeal a low court conviction isn’t looking at the laws correctly, superior court is bound by the proper law, not low court ignorance.
I grew up on 5 acres which is where I learned to drive at 11 years old
All for more reasons to fence up high, to keep the unwanted out and off the private property, and enjoy more protection and privacy.
I heard about a guy who turned the volume knob of his non-running car in his courtyard with a beer on his other hand and got charged.
not on my driveway but yes on the grocery store parking lot. The police can't come on your property without legal justification. There are lots of cases about legal justification though. What is dui?
What about not running car with no keys inside
From experience if your private land ,is posted , they can not do anything ,you own property only if you live in city or town limits , private land has its own set of rules , Farming , then Mining ,then Recreational all have there own versions of the laws .
Keyword: Criminal Law - it is beyond the HTA.
If they cannot stop you on private property... seems like it could yield for interesting situations. Sounds easily escape-able... and a good lawyer ought to make a good case. Good to know though. More reason for putting up gates. Any uninvited visitor is trespassing; even cops become trespassers at this point.
Couldn't they take an occupied (driver/passenger area enclosed) vehicle idling on a driveway or garage as a health safety situation - CO potential without adequate ventilation (a moving vehicle leaves its exhaust gases behind it but a stationary vehicle can allow exhaust gases to build up) a quick well intentioned safety check could hardly be argued against.
Save in one example I gave above. No keys, no ability to start the engine or operate, hence control the vehicle.
And no ability to start the engine obviously means no CO accumulation possible, as humans don't emit CO. And if CO2 were to be considered a hazard, all buildings in Canada would have to be condemned.
My buddy lost his license for a year and got a 2000 dollar fine for sitting in his car in the middle of winter in his driveway of his house that had burned down that never moved for 8 hours because he was drinking in the car.The neighbors called on him. For sitting in what is now an empty field with some remains of where a house used to be. Neighbors 1.5 KM away because "the car sitting there for 8 hours was creepy". He had the car running to keep warm. This country is a god damn joke. I personally got threatened with care and control because I had a few beers while working on my car. The car could not be driven as it was on jack stands. I was told that I was on video drinking beer while working on my car. I said "so you are telling me you have video evidence of me NOT drinking and driving? I'll take that to court if I get the charges" and luckily I didn't get charged. I honestly would have loved to see how that would have played out if I could have got a jury trial on it.
But can the police enter private property without a reason ( ,lets use general curiosity
) and the launch an investigation from that point
in Toronto the police HQs have a cops only bar, some high rank cop got in a accident after leaving this bar impaired and nothing happened to him. just saying, ALL impaired caught should be busted.
Mad lab press
great info
In Canada .... you can be formally charged with functional breathing ... comported as 'official oppositional defiance' ... a federal crime against your automobile key fob. 😂
Then probably freeze your bank account too
The cops in my city would have “choir practice” after shift. Hic🍻cheers
A guy got nailed in York Region for holding a beer bottle while on a riding mower.
What more proof do you need that there is no such thing as private property.
Yes. It's a regulated activity.
Is apartment complex owed by a company, where there is a private road leading into a parking lot considered private property?
What kind of road was that again?
Is not a private road by definition private property?
Now, is law enforcement required to acquire a warrant to even approach an apartment and knock on the door?
I have to seriously question that! The dui laws are under the highways act, that has no bearing on private property.
The problem, is that to arrest you, they have to trespass.
Absolutely not
the police still need a reason to enter your property other than suspicion of drunk driving don't they?
On a feild or on a farm they need permission to come on your property thank mr. So ' LAWYER
No cop can charge you on your property....its called private for a reason.
How can there be a law as stupid as this, that you can be arrested on your own property for a DUI. ? It is private property.
I think a good topic would be the difference between Ontario court of justice and superior court of justice for a sexual assault
What happened to ...PRIVATE ...? So I'm drunk on my property and can be charged for public intoxication?
Well believe it or not.. then if they can do that to anyone on there own private property.. then this IS NOT A FREE COUNTRY AT ALL.. The laws need to be changed and updated for the times that we live in
Pedal bike? Tricycle? Skateboard? Toboggan? Skiing intoxicated? Horseback riding?
Each of those can cause very serious injury intoxicated. Especially on a public road.
Simple answer....NO
Police would be trespassing and traffic laws do not apply to private land.
Guess you didn't watch the video huh? Btw impaired driving isn't a traffic violation it's a criminal offence, which does apply to private land . Not saying it's right but if that's what your counting on as a defence you in for a shock.
You dont need a licsene to drive on your own property , so no way can you get DUI on your own property
You can get a DUI for riding a bike.
Or, while on your PRIVATE property, you dispatch the Agents of The Crown with extreme prejudice.
They would show you the same respect on thiers...
In NS you can. I saw a man on an ATV drunk out of his mind in the bush and the RCMP nabbed him.
If it does not come under the HTA, then i'ts Bogus, just the Lawyers Racketeering as the write of of the Laws that "Steal your Freedoms", "Woe unto you, lawyers! For ye have taken away
the key of knowledge: ye entered not in yourselves,
and them that were entering in ye hindered." - Luke. XI, 52
Nanny state
Probably if ain't your own property. Like you are at a shopping mall and impaired. 🤔🤔🤔
This lawyer looks just like William H Macy in Fargo.
In the UK no is the answer.
In canada, ? Who knows, anything
is possible in that dictatorship. R
You can be charged for anything, anywhere, anytime. We have no rights and freedom in Canada. And no protections under the law!
We live in a Fascist country!!!
If you injure yourself: A - you've hurt yourself, and B - that healthcare costs all of us tax money.
Also if you're willing to do it on private property it's a small leap to doing it on public roads.
Seems like there's public incentive for police to interfere.
I think the repercussions should be different however.
That’s BS! As long as you stay on your property Shouldn’t be an issue?
Yet! If you leave your property and head out on the road. Fair game for law enforcement
Iam a Sovereign Man..these laws dont apply to Me..
Absurd.
In Kanadastan, police can break into your home, drag you out, and charge you with impaired driving even though they didn't witness you driving. Welcome to Trudeau's paradise...
So, in other words, your private property (US) isn't really yours but only for property tax purposes. Got it!
Quit alcohol, gummies!
Why do people turn into such dorks when they don a police uniform?
Persons are fiction.
You wouldn't be my lawyer
Here is a crazy thought... What is you only drove when you were sober? Wouldn't that be fun? Y'know not being a selfish stupid dangerous POS who shouldn't have a licence if they CAN'T avoid driving drunk?
Again, just a thought.
"NO PERSON COMMITS AN OFFENCE....THEY HAD NO REASONABLE EXPECTATION THEY WOULD BE REQUIRED TO PROVIDE A SAMPLE OF BREATH" criminal code 320.14(5)(b)This is another sensational lawyer trying to whip nimrods into a frenzy
How about do a video on PM arrive can application money stolen from Canadian TAX payers!!!!!!!!!!!!!!!!!
FJT
That's some horse shit
Having a Motor Vehicle is a privileged AFAIK. Take care of it and follows the rules. Doesn't matter if you are in Private or Public.
Is a ride on lawnmower considered a motor vehicle under the motor vehicle act?
I'mnot allowed to drive my lawn mower on public roads or sidewalks at all. Because it's not a motor vehicle in the eyes of the HTA. But if I crack a beer and mow my lawn oh lordy it's suddenly a motor vehicle! And I also can't have a beer while I operate a canoe or I can lose my driver's license and face other charges. This country is a fucking JOKE.
Sick laws is this Canada anymore 😢