September 23, 2011 - What Rights?

The Canadian Bill of Rights 1960, Part 1, Section 2 states very clearly the role that man made law, i.e. statutes, have in the private affairs of humans:

2). Every law of Canada shall, unless it is expressly declared by an Act of the Parliament of Canada that it shall operate notwithstanding the Canadian Bill of Rights, be so construed and applied as not to abrogate, abridge or infringe or to authorize the abrogation, abridgement or infringement of any of the [human] rights or freedoms herein recognized and declared…”

The provinces have determined that this is a federal statute and therefore does not govern provincial laws. They use a Supreme Court case law, wherein the Highway Traffic Act (HTA) is ruled as "Civil" under s.92(13) of the BNA Act 1867

However, at the same time they state that the HTA is quasi-criminal and not civil at all… Go figure…

If they only have jurisdiction over civil matters and the HTA is quasi-criminal then they don't have jurisdiction in HTA matters. Why is that so hard for the courts to understand?

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