Saturday, November 19, 2011

You Need a Licence for.....

The biggest argument used to justify the Firearms Control Program is listing things we need a licence for. For example "You need a licence to drive a car" "you have to register your car why not guns"

REALLY? Since when? I would point out that we in Canada live in a Common Law jurisdiction; as such we have the right to "travel the Queens Highways free from tax or levy". Oddly enough Common Law can be overridden by Statute. So each Province with the exception of Alberta has what is referred to as a "Highway Traffic Act" This is the enabling legislation that gives the Province the authority to issue drivers licences and register motor vehicles. What is not commonly known is by definition the highway traffic act only applies to those that make their living by the highways. That's right those who engage in "Commerce" via the roads should pay for them; that is what it was intended for. Traffic by legal definition means commerce or trade; the legal definition of a "driver" is one who is paid to do so like a bus driver or truck driver taxis driver. The Highway traffic Act merely overrides the Common Law where money is concerned.

When you obtain a "drivers licence" it is assumed that you intend to be paid; that the person sitting next to you is paying you to drive them. As a "driver" you are subject to the traffic act.
In truth there is not a single "LAW" requiring a licence nor the registry of your private property (your car). In fact you can buy any car your heart desires and never register it even a 13 year old with the money to do so (though I suspect contract law is in play and a 13 year old cannot contract without consent of a parent or guardian) This however does not give an individual to ignore other laws as in liability for accidents and injuries; leaving the scene of an accident is criminal.

It is because of the Highway Traffic Act that when you are pulled over you are asked for licence registration and proof of insurance in that order. The licence identifies you as a driver subject to the act; everything follows from the establishment of that fact. Before you test this though I would suggest you send your licence and registration back to the ministry of transportation with a notarized letter stating that you are surrendering to the crown your licence and registration that you are not engaged in commerce upon the highways and will not ever engage in such activities therefore you do not require a licence to do so any longer; keep a certified copy of this with you in your car. there is a proper form the letter should take which I will not go into here.

So to say that you need a licence for a car and register it; is a fallacious argument. No one needs a licence to travel in a car. However having a licence for a boat is another matter. The waters of Canada is not a Common Law jurisdiction it in fact falls under Admiralty Law which again is the sole domain of the federal government; in theory they could even forbid you from having a boat.

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