Is flying or driving a right or a priviledge ? Rant on !

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crazyaviator
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Is flying or driving a right or a priviledge ? Rant on !

Post by crazyaviator »

Maybe we can have a vote on this?
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esp803

Re: Is flying or driving a right or a priviledge ? Rant on !

Post by esp803 »

Fundamental freedoms

Section 2: which lists what the Charter calls "fundamental freedoms" namely freedom of conscience, freedom of religion, freedom of thought, freedom of belief, freedom of expression, freedom of the press and of other media of communication, freedom of peaceful assembly, and freedom of association.

Democratic rights

Generally, the right to participate in political activities and the right to a democratic form of government are protected:

Section 3: the right to vote and to be eligible to serve as member of a legislature.
Section 4: the maximum duration of legislatures is set at five years.
Section 5: an annual sitting of legislatures is required as a minimum.

Mobility rights

Section 6: protects the mobility rights of Canadian citizens which include the right to enter, remain in, and leave Canada. Citizens and Permanent Residents have the ability to move to and take up residence in any province to pursue gaining livelihood.

Legal rights

Rights of people in dealing with the justice system and law enforcement are protected, namely:

Section 7: right to life, liberty, and security of the person.
Section 8: freedom from unreasonable search and seizure.
Section 9: freedom from arbitrary detention or imprisonment.
Section 10: right to legal counsel and the guarantee of habeas corpus.
Section 11: rights in criminal and penal matters such as the right to be presumed innocent until proven guilty.
Section 12: right not to be subject to cruel and unusual punishment.
Section 13: rights against self-incrimination
Section 14: rights to an interpreter in a court proceeding.

Equality rights

Section 15: equal treatment before and under the law, and equal protection and benefit of the law without discrimination.

Language rights

Generally, people have the right to use either the English or French language in communications with Canada's federal government and certain provincial governments. Specifically, the language laws enshrined in the Charter include:

Section 16: English and French are the official languages of Canada and New Brunswick.
Section 16.1: the English and French-speaking communities of New Brunswick have equal rights to educational and cultural institutions.
Section 17: the right to use either official language in Parliament or the New Brunswick legislature.
Section 18: the statutes and proceedings of Parliament and the New Brunswick legislature are to be printed in both official languages.
Section 19: both official languages may be used in federal and New Brunswick courts.
Section 20: the right to communicate with and be served by the federal and New Brunswick governments in either official language.
Section 21: other constitutional language rights outside the Charter regarding English and French are sustained.
Section 22: existing rights to use languages besides English and French are not affected by the fact that only English and French have language rights in the Charter. (Hence, if there are any rights to use Aboriginal languages anywhere they would continue to exist, though they would have no direct protection under the Charter.)

Minority language education rights

Section 23: rights for certain citizens belonging to French or English-speaking minority communities to be educated in their own language.

Other sections

Various provisions help to clarify how the Charter works in practice. These include,

Section 25: states that the Charter does not derogate existing Aboriginal rights and freedoms. Aboriginal rights, including treaty rights, receive more direct constitutional protection under section 35 of the Constitution Act, 1982.
Section 26: clarifies that other rights and freedoms in Canada are not invalidated by the Charter.
Section 27: requires the Charter to be interpreted in a multicultural context.
Section 28: states all Charter rights are guaranteed equally to men and women.
Section 29: confirms the rights of religious schools are preserved.
Section 30: clarifies the applicability of the Charter in the territories.
Section 31: confirms that the Charter does not extend the powers of legislatures.

Finally, Section 34: states that the first 34 sections of the Constitution Act, 1982 may be collectively referred to as the "Canadian Charter of Rights and Freedoms".
Section 35: The right to fly airplanes and drive cars how I want to, when I want to.

Ahhhhh there it is!

E
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Rockie
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by Rockie »

That definitively answers that.

The difference between a "right" and your licence is that your "right" can't be taken away from you by the government. The Supreme Court of Canada won't let them. That is the bedrock of our democracy that the previous federal government never understood despite repeated schooling in it.
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by Pop n Fresh »

Rockie wrote: That is the bedrock of our democracy that the previous federal government never understood despite repeated schooling in it.
Paul Martin?
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by goingnowherefast »

TC often suspends and occasionally revokes pilot licenses. Police often suspend or revoke driving licenses. Happens for both medical and disciplinary reasons. It's definitely a privilege.
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Re: Is flying or driving a right or a priviledge ? Rant on !

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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by Siddley Hawker »

How bout Section 33 that essentially states "Everything we wrote about rights in all them Sections is bs and the provinces can cancel 'em anytime they want to."
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by PilotDAR »

TC often suspends and occasionally revokes pilot licenses. Police often suspend or revoke driving licenses. Happens for both medical and disciplinary reasons. It's definitely a privilege.
The issuance of the license is a right - if the applicant demonstrates that they have met the requirements for issuance, the authority shall issue - they have no choice. Once issued, the exercise of the license should be considered a privilege, as it can be withdrawn for cause.

This makes the license different from a delegation from Transport Canada, as the delegation is a privilege, TC can refuse to delegate a privilege, but they must issue the license, it is a right.
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by crazyaviator »

So if TC considers it a right ( shall issue) for an applicant to receive a licence once qualified, Why would this right immediately become a privilege? Would we not EXERCISE our right as we abide by the rules when issued the licence in the first place? I would agree that when in contravention of the terms of the licence, there is the possibility of losing the licence and perhaps it may be a privilege to get it back ! Even so, If i pay the fine and do the time IAW the regs, Shall TC reinstate my licence?
To be, a privilege is something that is received or acted upon that is above and beyond the intent of the law or a requirement. Example: The recipient considered it a privilege to receive a gift from the shriners for his voluntary work. An example of a right : The purchaser paid for the product but did not receive it. He felt he had a right to a refund
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crazyaviator
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by crazyaviator »

Here is an example where rights and privileges are muddled : The accused was renditioned off to a faraway country without trial and was tortured but felt he still had the RIGHT to appeal the decision of the secretive board. The unconstitutional board felt, however that they would not extent the privilege to a hearing :rolleyes:
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by Shiny Side Up »

So if TC considers it a right ( shall issue) for an applicant to receive a licence once qualified, Why would this right immediately become a privilege?
Because receiving and keeping are two different things.

But whatever some paper says doesn't matter a hill of beans. Carlin said it best: Nothing is a right if someone can take it away, all anyone has is a list of temporary privileges.

Be prepared to maintain, be deserving of and defend your list of privileges in this lifetime.
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Bede
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by Bede »

Rockie wrote:That definitively answers that.

The difference between a "right" and your licence is that your "right" can't be taken away from you by the government. The Supreme Court of Canada won't let them. That is the bedrock of our democracy that the previous federal government never understood despite repeated schooling in it.
Mmm, no.

See s. 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Also, see Oakes test.
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Rockie
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Re: Is flying or driving a right or a priviledge ? Rant on !

Post by Rockie »

Bede wrote:
Rockie wrote:That definitively answers that.

The difference between a "right" and your licence is that your "right" can't be taken away from you by the government. The Supreme Court of Canada won't let them. That is the bedrock of our democracy that the previous federal government never understood despite repeated schooling in it.
Mmm, no.

See s. 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Also, see Oakes test.
A government has to prove why violating someone's rights and freedoms are justified. Why do you think C-51 was so blatantly deficient? It wouldn't last 20 minutes before a SC challenge.
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