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Old 08-20-2013, 09:49 AM   #107
19Yzerman19
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^I imagine that even if someone were to challenge that law under the charter and it was found to be contrary to s.11 it would be held to be justifiable under s.1 given the relatively small inconvenience and the need to preserve the public's interest in not being immolated in a fire.

You have to understand that it's what the law effectively does. Perhaps it provides me with what I'm technically entitled to - i.e., I can go to court and contest the charge. However, if in reality, it will take me 8 months to do so and I'm without my car for a significant period and my 2000 bucks for the entire interim, the punishment has effectively already been meted out and the eventual determination of innocence or guilt is a moot point.

If I get a speeding ticket I can just not pay it and go contest it instead. Practically speaking, this law - even though it's still a traffic offence and still addresses the same sort of behaviour - is an entirely different ball of wax.

Last edited by 19Yzerman19; 08-20-2013 at 09:55 AM.
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