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2) Forfeiture laws that allow the govt to seize private property, where the asset is not a proceed of crime, or will it be used to compensate victims is a bad law. Please explain where I contradict myself. Quote:
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You have too many posts on here arguing the specifics of applying the law, not whether it is fair. I don't think its fair they lose their cars either, yet you have not once asked or debated that. |
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I do not support seizing their cars, yet I don't support dumbasses playing TV lawyer. |
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That's why we don't have death penalty or life imprisonment for speeding. |
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I am interested in why you think there's no difference between civil and criminal, as this is the crux of anything that happens now. |
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I agree that the death penalty for speeding is ridiculous, yet so is fining the driver of a $2K car and $200K the same amount. To one it is a harsh punishment, to the other it is pocket change and a price paid to continue doing whatever they want. |
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It is too easy to hide one's money and let's face it, the kids may drive expensive cars under daddy's name, and they don't care if the car is taken as daddy can buy many more But they think twice if they have to spend the night in jail. But seriously, my point getting involved in this discussion, is that we need to reminded, we need to show more respect for the important rule of law, that we are all innocent until proven guilty! We can't lock up or punish people for the potential crime they may commit. Otherwise, we are giving way too much power to the police. |
Taylor,Parm,Marco sorry but gonna detour from your heated RS-Bar arguments here. Here's a excerpt from your APV33 booklet on your ICBC insurance policy. If you drive, you should least skim over it. Try to take the calls about the speed estimation as hearsay ok? what about the actions itself? Division 3 – General Terms and Conditions 3.2 Policy does not apply – Unless otherwise provided, this policy does not apply and no coverage will be provided in respect of~~~~~***Boring boring skip skip*** ~~~~~ (e) a vehicle being used in a contest, show or race, or in advanced or performance driver training, if (i) the activity is held or conducted on a track or other location temporarily or permanently closed to all other vehicle traffi c, and (ii) there exists an element of race or speed test, which means driving at high speed, and includes passing maneuvers, driving in close proximity to another vehicle or assessing vehicle limitations in speed, acceleration, turning or braking, I'm not surprised no one bothered to look at it from a busine$$ POV. What if something DID happen? And someone's family got seriously fucked up? I bet you ICBC will not cover a cent to the guilty driver since he violated this agreement. So consider that 1-5 million Third Party Liability GONE. Then what next? Victims are gonna sue of course. But rich asian kid's family has super rich lawyer and will fight the charges to death even though it's clearly the kids fault. Who pays for the extensive time wasted in court? Who pays for the treatment, nursing and rehab? Lost wages and future care? People like 1exotic should give their heads a shake. But who knows maybe in 20 years down the road some idiot/rich/fob might run over your kids and laugh about how he got a few years in minimum security. |
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"Since these are kids who can easily afford the fine to just drive with a suspended license, suspending their license alone will not serve the punishment the law intends. Thus setting a standard of forfeiting their vehicles if caught is IMHO "fair" punishment for those who can afford to break the law." Now you are supporting MY position that the forfeiture laws when applied to the current case, does not meet the principles of fundamental justice and is inherently unfair? |
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From Section 1 in the Canadian Bill of Rights: It is hereby recognized and declared that in Canada there have existed and shall continue to exist without discrimination by reason of race, national origin, colour, religion or sex, the following human rights and fundamental freedoms, namely, (a) the right of the individual to life, liberty, security of the person and enjoyment of property, and the right not to be deprived thereof except by due process of law; Section 8 of the Canadian Charter of Rights and Freedom Legal Rights 8. Everyone has the right to be secure against unreasonable search or seizure. Quote:
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1) The owner did not commit a crime (only one vehicle was registered to a driver in the incident) 2) There was not sufficient evidence to prove that a serious crime was committed 3) There were no victims in the incident as a violation of civil rights pretty much speaks for itself. |
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Charter Rights can be infringed upon if the govt sees fit to do so (they left them an 'out' in the law and language for this) |
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In your quote above, points (i) and (ii) apply together (see the highlighted word 'and' between the two passages). This means that it only applies if on a track. |
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Do you have a clue, or are you so stoned at the end of the day that you've lost track of what side you're on? Wow. Posted by puttingmy big cock in taylor's mouth |
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Why the HELL are you still posting in this thread mr. dont you guys have something better do to with your time? |
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he talked his way out of it in the courts by saying he would go to schools and share his experiences with kids to steer them away from street racing, in order to get a lighter sentence, and when the courts approved it, he was like "nah, don't feel it no more too bad - problem? :troll:" and the ball was dropped where they basically couldnt enforce it, it was agreed to in good will like a gentlemen's agreement. that's what i remember reading in the province anyway. i don't remember what happened in regards to the insurance portion of it. |
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It is very simple..., they need proof. They need proof for each individual. They didn't have it but they knew some of the group broke the law. They impounded everyone for a short enough period to make it "inconvenient" for the owners. Impound the cars for a short enough period that they would not go to court and hit them with a fine. Happens all the time. ANY fine money though should to towards people that have been effected by road crime such as hit and run families or drunk driving victims... I am more concerned about what happens to that money. This is a case of inconveniencing the drivers since the law really could not be enforced without witnessing the crime. My wife followed an extremely drunk driver home over the malahat a year ago. This guy spent most of his time in the wrong lane driving very erratic. My two daughters were in the car with my wife. She called 911 to report the driver. The police didn't arrive on the scent for over 30 minutes while my wife was talking with them. The guy gets arrested and taken away. 6 months later my wife is supeona for the case. BUT, two days before the case goes to court we get a call from the prosecutor stating that the case was dropped. The guy driving the car was 72 he has been arrested twice before for DUI including one for bodily harm while driving intoxicated. This guy appealed to the courts that loosing his car and going to jail was too big a hardship on him at his age. The case was thrown out..., That is how fair our legal system is !!! This is a perfect example of the cops witnessing a crime and doing nothing. This guy should have lost his licence indefinitly and gone to jail as this was his third time getting caught. I certainly won't go out of my way to report anyone as the only one put out in this case was my wife who had to arrange for time off to attend court and to have the pre-meet with prosecution lawyers, then to hear he gave a sob story and got off, that really burns me. Law in BC is a joke. How many elderly drive through malls or through store windows in Victoria? At least one per year. What happens..., nothing. The 80 year old lady that drove through the taxi drivers at Victoria airport killing one and others are still in the hospital over a month later..., no charges are being recommended because she already feels bad about it ..., I worry far more about the elderly in this area than I do the "N's". I worry more about the 'arbitrary' nature of our laws as well. It is a crap shoot if someone breaks the law and gets caught if they will actually pay for the crime or not. Lawyers these days are good and get paid well, if your a defender. Prosecution..., well not so much. You see the police holding up marijuana plants that they find in remote area's growing and tell us that they just raided and busted a million dollars worth of pot..., my god then they are dumb enough to show us the officers pulling small little weeds out of the ground that are not mature and not worth a cent..., I for one am up for some reality. |
meanwhile in china.... 15 going over 200km :troll: |
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It just sucks you hide behind the fail button cause you have a tiny little cock |
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Now go find law that states ownership of private property is a right. Good luck, you'll need it. I'll give you a hint: there's tons of articles on the subject of law and property ownership and how grey it is in Canada. Real estate is probably the easiest to research for specific examples in BC. Quote:
2) civil court will decide how "serious" the crime is. 3) society was victimized by these kids showing how they can blantantly get away with breaking the law, and if you read the Civil Forfeiture Act, that definition is completely valid. Perhaps you should read the law. All you've done is demonstrate, again, you haven't even read the law. |
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WOAAAH so whats going on now? i didnt read this for a week or so and now im lost! the twanger kids lose their license yet? |
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Very simply, the Canadian Charter of Rights and Freedoms, section 8 states... Quote:
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Then you go off asking Marco to cite examples. Let me tell you, you're so fucking painful to deal with, that you drive people away from the thread. He's not dumb, just tired of seeing you reply. Finally, when you say things like this, Quote:
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