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  #31  
Old 09-04-2014, 03:30 PM
CraigJ CraigJ is offline
 
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Originally Posted by fish gunner View Post
Seriously you need to ask ??? Were you arrested, did you appear in court.? Have you had a speeding ticket ?? Wow dont mean to pick on ya but wow. No it is not a criminal offense.

Actually yes he would have been under arrest. Not in the traditional sense of being placed in handcuffs, sitting in the back of a police car, having being read your charter right, etc, but in the legal sense that he is being detained by a peace officer, certain rights are being removed from him and he is not lawfully able to just walk away and leave. Yes if he did not admit guilt and pay the fine he would have been required to appear in court before a Justice of the Peace. If he did not complete either of these options by the date specified on the Summons, an arrest warrant would be issued and he WOULD then be arrested, handcuffed, read charter rights, etc.

For your own information when you are stopped for speeding you ARE under arrest. Just try taking off when you have been stopped and see what happens.

Personally I think it is better to ask than to not ask if you don't know something.
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  #32  
Old 09-04-2014, 04:28 PM
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Originally Posted by CraigJ View Post
Actually yes he would have been under arrest. Not in the traditional sense of being placed in handcuffs, sitting in the back of a police car, having being read your charter right, etc, but in the legal sense that he is being detained by a peace officer, certain rights are being removed from him and he is not lawfully able to just walk away and leave. Yes if he did not admit guilt and pay the fine he would have been required to appear in court before a Justice of the Peace. If he did not complete either of these options by the date specified on the Summons, an arrest warrant would be issued and he WOULD then be arrested, handcuffed, read charter rights, etc.

For your own information when you are stopped for speeding you ARE under arrest. Just try taking off when you have been stopped and see what happens.

Personally I think it is better to ask than to not ask if you don't know something.
Speeding is not a criminal offence (which is what is being asked about I think) and you are not under arrest. Now trying to evade the police after you have been stopped is a criminal offence, but it's unrelated to the speeding. What job applications and other documents usually ask is "Have you been convicted of a criminal offence?" I think for speeding or a fishing license violation you can truthfully answer "No."
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  #33  
Old 09-04-2014, 10:15 PM
CraigJ CraigJ is offline
 
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Originally Posted by Okotokian View Post
Speeding is not a criminal offence (which is what is being asked about I think) and you are not under arrest. Now trying to evade the police after you have been stopped is a criminal offence, but it's unrelated to the speeding. What job applications and other documents usually ask is "Have you been convicted of a criminal offence?" I think for speeding or a fishing license violation you can truthfully answer "No."
Correct speeding in not a criminal offence, but you ARE under arrest. The traffic safety act details the powers of arrest. Speeding is one of several traffic offences for which you can be arrested. I absolutely agree the answer to the question being asked should be no.
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  #34  
Old 09-04-2014, 10:23 PM
fish gunner fish gunner is offline
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Originally Posted by CraigJ View Post
Correct speeding in not a criminal offence, but you ARE under arrest. The traffic safety act details the powers of arrest. Speeding is one of several traffic offences for which you can be arrested. I absolutely agree the answer to the question being asked should be no.
Detained is not arrested , a police or F&W Officer can question any one they wish ...now run away tell us how that goez. Lol . one will always be arrested for a criminal offence when caught . The the officer can release you on your own recognizance. Criminal code covers crime not fishing and general traffic offences.
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  #35  
Old 09-04-2014, 10:53 PM
CraigJ CraigJ is offline
 
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Originally Posted by fish gunner View Post
Detained is not arrested , a police or F&W Officer can question any one they wish ...now run away tell us how that goez. Lol . one will always be arrested for a criminal offence when caught . The the officer can release you on your own recognizance. Criminal code covers crime not fishing and general traffic offences.
Agreed. Detention and arrest are different but arrest is not limited to the criminal code. You can be arrested for bylaw or provincial offences as well. I never said fishing or traffic offences were criminal. Anyway I think this is getting way off topic.

I think the original poster is good to say 'no' when answering the question on the job application, as it relates to fishing with no license.
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  #36  
Old 09-07-2014, 04:45 AM
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Kim473 Kim473 is offline
 
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Quote:
Originally Posted by Okotokian View Post
Speeding is not a criminal offence (which is what is being asked about I think) and you are not under arrest. Now trying to evade the police after you have been stopped is a criminal offence, but it's unrelated to the speeding. What job applications and other documents usually ask is "Have you been convicted of a criminal offence?" I think for speeding or a fishing license violation you can truthfully answer "No."
Just see what happens to you when your caught speeding, 100 km /hr over the posted limit through a constuction zone or school zone.
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  #37  
Old 09-11-2014, 02:31 PM
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fsa313 fsa313 is offline
 
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How about operating a motorized boat without an Operator's License.
I quote from http://www.tc.gc.ca/eng/marinesafety...q-2233.htm#who

"Who needs an Operator Card?
Everyone who operates a power-driven boat needs proof of competency — something that shows they understand the basic rules and how to safely operate a boat. The most common proof of competency is the Pleasure Craft Operator Card. You can get the card by taking a boating safety course in-person or online, and passing the test at the end of the course.

* Proof of Competency is not required in the waters of Nunavut and Northwest Territories at this time."
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  #38  
Old 09-11-2014, 03:13 PM
NEWB NEWB is offline
 
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Quote:
Originally Posted by Kim473 View Post
Just see what happens to you when your caught speeding, 100 km /hr over the posted limit through a constuction zone or school zone.

In Sherwood Park apparently nothing. You get a court appearance.

I suppose 100 km/h in a 30km/h school zone (70 over and just over 3 times the speed limit) is not enough to impound a car..

The precedence has been set..

http://globalnews.ca/news/1544813/sh...mh-in-30-zone/

But I digress…

Fishing with out a license is not something I want to do.

Fish and Wild life have a way of checking to see if your license is valid when it is not on your person.

The fines and potential loss of gear are not worth it. Also I have no issues paying a few dollars for a fishing licence every year.
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  #39  
Old 09-11-2014, 03:23 PM
CraigJ CraigJ is offline
 
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Originally Posted by NEWB View Post
I suppose 100 km/h in a 30km/h school zone (70 over and just over 3 times the speed limit) is not enough to impound a car..
The government here needs to get off their butt and change the laws like they did in BC. Police don't have the authority to seize a vehicle in Alberta for a common speeding offence.
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  #40  
Old 09-11-2014, 04:10 PM
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Lefty-Canuck Lefty-Canuck is offline
 
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Quote:
Originally Posted by CraigJ View Post
The government here needs to get off their butt and change the laws like they did in BC. Police don't have the authority to seize a vehicle in Alberta for a common speeding offence.
70 in a 30 is a common speeding offence? I think that exceeding double the speed limit or 50 over is considered dangerous driving and you can have your license yanked on the spot and your vehicle towed and impounded.

LC
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  #41  
Old 09-11-2014, 04:15 PM
NEWB NEWB is offline
 
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Quote:
Originally Posted by CraigJ View Post
The government here needs to get off their butt and change the laws like they did in BC. Police don't have the authority to seize a vehicle in Alberta for a common speeding offence.
I had to read up on that.

Sadly you are correct. There are not any ways to impound for excessive speed.

I do support impounding for excessive speed for certain situations.

I don't want to derail this thread any further...

Back to fishing!
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  #42  
Old 09-12-2014, 07:26 AM
Mikezilk Mikezilk is offline
 
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Quote:
Originally Posted by fsa313 View Post
How about operating a motorized boat without an Operator's License.
I quote from http://www.tc.gc.ca/eng/marinesafety...q-2233.htm#who

"Who needs an Operator Card?
Everyone who operates a power-driven boat needs proof of competency — something that shows they understand the basic rules and how to safely operate a boat. The most common proof of competency is the Pleasure Craft Operator Card. You can get the card by taking a boating safety course in-person or online, and passing the test at the end of the course.

* Proof of Competency is not required in the waters of Nunavut and Northwest Territories at this time."
That could potentially be one. That is a Federal Regulation.
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  #43  
Old 09-12-2014, 08:10 PM
CraigJ CraigJ is offline
 
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Quote:
Originally Posted by Lefty-Canuck View Post
70 in a 30 is a common speeding offence? I think that exceeding double the speed limit or 50 over is considered dangerous driving and you can have your license yanked on the spot and your vehicle towed and impounded.

LC
Actually you are wrong. You can not have your license suspected (yanked) by a police officer for speeding or dangerous driving. Police can pretty much only suspend your license for an Impaired Driving related offence. A Justice of the Peace or a Judge has the authority to suspend your license for these offences.

And yes 70 over the speed limit CAN be a common speeding offence. There would have to be out circumstances to warrant a Criminal Code charge of dangerous driving.


Now don't misinterpret fact for opinion. The above is FACT. But I agree with you. I wish the police had the authority (in Alberta) to yank a drivers license for speeding in excess of 50 kmh over the speed limit, really I do, but they don't. And I wish drivers could be charged criminally for that but they simply can't. The law is quite clear on this matter.


Here is an Alberta Government Link with some information on License Suspensions and Vehicle Seizures: http://atsb.alberta.ca/503.htm

Last edited by CraigJ; 09-12-2014 at 08:37 PM.
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  #44  
Old 09-12-2014, 09:24 PM
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Regarding fishing offences in Alberta, get a copy of the Western Canadian Game Warden magazine and read the offence section.
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