OHTA.ca

arnoldstheman wrote:Police cannot set up road checks on highway ramps and STOP vehicles in search for HTA violations, however, they can search for violations while vehicles are traveling in the normal course of traffic, therefore, not breaching their charter right.

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I wonder, what did become of the offense? did your defense work ?

I was pulled over during a ride program as well, did not bother to ask if i had been drinking but asked for license right away. I had been expired by 1 day due to bday and it expired on that day. I forgot. With no other driver in the car, i was towed out of there and now allowed to finish my journey. Also, lost my insurance documents which i got tickets for no license and failing to provide insurance documents. SO, if i had denied this officer a look at my license and said your violating my chartered rights, as well as my treaty rights, you are not stopping me for a highway traffic offense are you ?

Im sure he would have pulled me out and tasered me while yelling stop resisting even though my hands would be up and complying lol. Oh, right not in the U.S. but that does still happen when you challenge or question officers. I witnessed it. Its why i didnt bother fighting him on protecting my rights plus i was on timeline to be somewhere.

Anyways, im still looking for court cases that show the R.I.D.E program goes against the Charter of rights. Anyone have links to cases for a defense? i feel, anything they did find during the stop is moot and should be quashed due to illegal search and infringement of rights. As they say, when Kings men came upon a masters door to let him know, we found a dead peasant on your property. The master asked, was before or after you trespassed

The controlling Supreme Court Cases regarding the RIDE program are Dedman v. The Queen and R. v. Hufsky. However, these cases uphold the RIDE program as legal so they don't offer much of a defence. Also the Supreme Court ruled in R. v. Ladouceur that it is legal for the police to randomly stop vehicles in order to check that the operator has a valid licence and that the car is properly registered and insured. In your case, unfortunately, it looks like the police were acting within the established guidelines set out by the Supreme Court. I have attached links to the relevant case law if you wish to take look.

Dedman v. The Queen: https://scc-csc.lexum.com/scc-csc/scc-c ... 9/index.do

R. v. Hufsky: https://scc-csc.lexum.com/scc-csc/scc-c ... 6/index.do

R. v. Ladouceur: https://scc-csc.lexum.com/scc-csc/scc-c ... 4/index.do

chiefy wrote:

I was pulled over during a ride program as well, did not bother to ask if i had been drinking but asked for license right away. I had been expired by 1 day due to bday and it expired on that day. I forgot. With no other driver in the car, i was towed out of there and now allowed to finish my journey. Also, lost my insurance documents which i got tickets for no license and failing to provide insurance documents. SO, if i had denied this officer a look at my license and said your violating my chartered rights, as well as my treaty rights, you are not stopping me for a highway traffic offense are you ?

You are required to surrender license, insurance, and registration upon request. They do not need an excuse to ask. They can pull you over at any given time, whether or not you did something wrong, and ask that you provide it. RIDE and vehicle fitness also fall under random stops.

chiefy wrote:

Anyways, im still looking for court cases that show the R.I.D.E program goes against the Charter of rights. Anyone have links to cases for a defense? i feel, anything they did find during the stop is moot and should be quashed due to illegal search and infringement of rights. As they say, when Kings men came upon a masters door to let him know, we found a dead peasant on your property. The master asked, was before or after you trespassed

You were not searched.