Is a person's right to hold a driver s license and operate a motor vehicle a liberty protected by s.7 of the Charter?
Prince Edward Island, Canada
The following excerpt is from R. v. MacCormick, 1998 CanLII 29689 (PE SCTD):
Trial Courts in Nova Scotia (White v. Nova Scotia (Registrar of Motor Vehicles) (1996), 426 A.P.R. 258 (N.S.S.C.)) and in British Columbia (Buhlers, supra have also held that the right to hold a driver s license and operate a motor vehicle is not a liberty protected by s.7 of the Charter. In White MacAdam J. states at para 16: Simply because a person is involved in two separate proceedings, one of which is a criminal or quasi-criminal process, does not render the non-criminal process subject to s. 7.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the consequences of a motor vehicle accident where the motor vehicle driver loses the right to sue for damages? (Prince Edward Island, Canada)
What are the implications of s. 6(2) of the Canadian Human Rights Code on a person who has been denied a right to work in another province? (Prince Edward Island, Canada)
What is the standard for assessing a person’s risk of injury in a motor vehicle accident? (Prince Edward Island, Canada)
How have courts treated soft tissue injuries to the right fourth distal interphalangeal joint of the right hand? (Prince Edward Island, Canada)
How have costs been apportioned in motor vehicle accident cases? (Prince Edward Island, Canada)
Is the Village of O'Leary liable in the circumstances of a motor vehicle accident? (Prince Edward Island, Canada)
Is a person’s choice of where to establish a home a personal matter? (Prince Edward Island, Canada)
What is the test for implied consent in a motor vehicle accident? (Prince Edward Island, Canada)
Does the phrase “legally entitled to recover” apply to motor vehicle insurance policies? (Prince Edward Island, Canada)
What is the effect of the finding that W.D. was a child in need of protection and the disposition placing her in the care of the Director of Child Protection? (Prince Edward Island, Canada)
