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July 15th, 2014, 07:50 AM
#41
Has too much time on their hands
I beg to differ......
The facts in issue of impaired driving speak of motor vehicle and a vessel. The definition of a "vessel" comes from the Canada Shipping Act, (I believe) and includes a canoe.
Take a look at the Criminal Code. Section 253.
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July 15th, 2014 07:50 AM
# ADS
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July 15th, 2014, 07:58 AM
#42

Originally Posted by
brent
I beg to differ......
The facts in issue of impaired driving speak of motor vehicle and a vessel. The definition of a "vessel" comes from the Canada Shipping Act, (I believe) and includes a canoe.
Take a look at the Criminal Code. Section 253.
Yes, look at the section and the wordings in an information. The section says "motor vehicle" OR "vessel". If you laid an information indication a charge of impaired operation of a motor vehicle when in fact it was a boat, I can guarantee you the charge would be dismissed. Within section 253, are distinctions as to WHAT was operated, specifically mentioning MVs, vessels, aircraft etc.
Section 2 also clarifies a definition of MV.
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July 15th, 2014, 08:01 AM
#43
Has too much time on their hands
Umm, ok...so what are you saying???
My point was that you can be done for impaired in a canoe....i
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July 15th, 2014, 08:02 AM
#44
Oh, I'm well aware if what the section says. Notice the word OR....as in motor vehicle OR a vessel ........
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July 15th, 2014, 08:05 AM
#45
I agree a charge of impaired operation of a Vessel could be laid. However, you posted that a vessel is classed as a motor vehicle for the purposes of impaired operation charges, when clearly they are not motor vehicles.
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July 15th, 2014, 03:06 PM
#46
Has too much time on their hands
The point I was making was to inform many here that would not know, that one can be arrested for impaired when in a canoe even though it was not "motorized".