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Violation Tickets

Our Human Rights > Private Individual
Violation Tickets
 
Violation Tickets are offers to contract made to Classes of Subjects enumerated in sections 91 and 92 of the Constitution Act and no one can be forced to contract.

"Jurisdiction, once challenged, cannot be assumed and must be decided."
Maine v. Thiboutot, 100 S. Ct. 250
 
Section 32 - Application of Charter/constitution states clearly that "The purpose of this section is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations." Therefore violation tickets cannot be issued against private individuals, private businesses or other private organizations.
 
So the question is who gets to decide if you are a private individual? You do! As a private individual you have the right to self-determination! Not the government! Just ask them to prove you are not a private individual.

So any violation ticket issued against you a private individual has assumed that you are some kind of government agent and the government is using your property to pursue their economic, social and cultural development without any legal authority to do so!
 
Can the government prove you were performing a function of government for compensation at the time you were issued that violation ticket? If the answer is no the government has trespassed into your private affairs which is a charter 24 violation.
 
While section 52(1) is not part of the Charter, it provides courts with an important power to strike down laws that violate Charter rights. If only part of the law violates the Constitution, only that part will be ruled invalid. The part you want struck down is the violation ticket. A ticket that was illegally issued against a private individual which also violates Charter section s26, s31 and s32 causing damages.

Provincial Violation Tickets

Provincial Violation Tickets <http://www.ag.gov.bc.ca/courts/tickets/provincial/index.htm> here in BC are ordinary traffic tickets, issued by enforcement officers for offences against the Provincial Motor Vehicle Act and Motor Vehicle Regulation offences. Provincial violation tickets can also be issued under any provincial statute included under the Offence Act, such as the Commercial Transport Act, Fisheries Act, Forest Act, Liquor Control and Licensing Act.

Section 32 - Application of Charter/constitution states clearly that "The purpose of this section is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations."

Provincial Violation Tickets still cannot be issued against private individuals, private businesses or other private organizations.

Federal Violation Tickets

Federal Violation Tickets are known as Federal contraventions violation tickets [http://www.ag.gov.bc.ca/courts/tickets/federal/index.htm]. The Federal Contraventions Act, permits by regulation, the use of the Province’s Offence Act to administer a ticketing system within Provinces for offences contained in applicable federal law.
Again Section 32 - Application of Charter/constitution states clearly that "The purpose of this section is to make it clear that the Charter only applies to governments, and not to private individuals, businesses or other organizations."
Federal Violation Tickets still cannot be issued against private individuals, private businesses or other private organizations.
How to handle a Violation Ticket

You can pay your violation ticket in person or by mail, or you can dispute the violation ticket if you are not a private individual. Information on how to do this is usually on the ticket.

If you are a private individual you have more options you can conditionally accept the violation ticket requesting proof that you are not a private individual and the ticket is valid? This has to be done within three days of receipt.

Or as a private individual you can claim a trespass into your private affairs in the conditional acceptance or do a charter s 24 challenge seeking damages or both!


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