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Location: Saskatchewan, Canada

Wednesday, April 24, 2019

Isn't It time Canadians stood up for their rights against fascist government actions?

A US federal court just ruled that chalking of tires is a breach of a person's constitutional rights and threw out a case based on that infraction by cops and the government.  A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati made the decision by reinstating a 2017 case from a woman who had been issued 15 parking tickets in three years in Saginaw, Mich.

The Appeal Court said "The city commences its search on vehicles that are parked legally, without probable cause or even so much as 'individualized suspicion of wrongdoing' — the touchstone of the reasonableness standard."

The court also said the city was wrong to argue that parking enforcement is part of its "community care taking" responsibility since overstaying a parking spot doesn't cause harm to the community. The judge later added that the way Saginaw institutes parking laws "is not without constitutional limitation."

Here is a report on that: https://thehill.com/blogs/blog-briefing-room/news/440166-court-rules-parking-officer-enforcing-laws-by-swiping-car-tires

This same infraction of a persons rights occurs in Canada all the time, but Canadians, and their lawyers, always sheep-like when being led to slaughter, have never fought it, although our constitution is similar to the US one.

Section 8 of our Charter of Rights says that everyone has the right to be secure against unreasonable search or seizure.  That means, according to court interpretations,  that police, which includes city traffic wardens who issue tickets and mark tires, are nor entitled to intervene without due cause, meaning they must have due reason to expect illegal behaviour from citizens.  Blanket actions of the type exhibited by tire marking is not "due reason" or "probable cause".

It is time our lawyers and the public take the illegal actions of cities and governments to court or just defend themselves properly in court.




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