The Oshawa Times, 26 Nov 1958, p. 25

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| By DON PEACOCK | \ Driving Is Privilege Supreme Court Says cial law is constitutional; that it Canadian Press Staff Writer |does not conflict with the Crim- OTTAWA (CP)--The Supreme inal Code,.which is federal law) {Court of Canada has given fresh| established solely by Parliament. lical or mental Altliction | likely t0|choose, can write new laws and F. Kettering is "resting" in | support to the principle that hold- But ' the implication of the ing a driver's licence in this{court"s stand is evident from country is a privilege, not a right. views expressed in the majority | judgment; namely, that a Cana- dian is not deprived of an inher- Cartwright it is. and the courts, by their inter. position, under legislation like and freedom in Canada. Saskatchewan' s, similar to thal| But while the courts can only of a person "suspected of a phys-|interpret, the legislators, if they Legislators construct the laws the Criminal Code. Meantime, the principle that #4 pretations and rulings, fit them holding a driver's licence on Cases into the intricate structure of dian highways is a privilege, nob" legal principles supporting order|a right, stands. op I KETTERING ILL pon 2 DAYTON, Ohio (AP)--Charles = oy prevent the tablish principles differ Nuc % oxygen tent at 'his home hel Sle are MR contro ent from those implied by court he suffering what his physician 2 over a motor vehicle." rulings. termed "a slight stroke." The If the federal government de- year-old automotive inventor ard: ~ As a condition for Seating such a person a driver's licen cides it does not agree with the|former General Motors vice-press. J THE OSHAWA TIMES, Wednesday, November 26, 1958 25 penalty whereas to Mr. Justice/ewan breath - test case, it change the principle by chan C The court didn't buttress this inciple directly; ent right by being refused a he said, the provincial regula- implica: (ident first began feeling il Fre in eS i driver's licence, |tions could require submission to De Court' s|day when he armed from a trip; | principles. But through interpret- The court's opinion was not|an appropriate examination, Mr. majority ruling in the Saskatch-lto Detroit. -., a ation of the laws the courts clar-| unanimous. Five justices ruled in | Justice Faut ot ify these principles. This was| favor of the Saskatchewan legis-| "It leaves to the li holder 1 done by the Supreme Court in|lation and three against. the faculty to comply with or ig- . 6 ruling on Saskatch-| What the majority ruling nore what Is a request, a re- ' lewan's breath test legislation, jean j thst a province can pass quirement." Main provision in the Sask- legislation that says, in effect,| pn qepNTING VIEW atchewan law is that the provin-|willingness to submit to a breath Wr. Justice J. R. C ight, THIS CHRISTMAS for 90 days the driving permit of|driver's licence--just as an eye disagreed. SEE |a suspected drunken or impaired |test might be, "It appears to me," he said, ¢ | | motorist who refuses to submit| No eye test, no driver's licence, | "to be playing with words to say J. CORNISH |to a breath analysis. equally now, no breath test hol tat a pes a Jetson who is made liable The test involves breathing into| alcoholic content, no driver's li-/to . If he fails to do ® |an apparatus and then submit-|cence, an act, ow Bk 'required to do the ting this sample of the suspect's| MAJORITY VIEW act because he is free to choose breath to chemical tests de-| The position of the majority of to suffer the penalty instead." | signed to establish the amount |the justices was generally repre-| The difference in views, evi- * |of alcohol consumed. sented by Mr. Justice Gerald dently, is that to Mr. Justice Strictly speaking, the Supreme |Fauteux. Fauteux being deprived of a | -- Court ruled only that this provin-! He said a licence holder is in a!driver's licence is not in itself a NIGHT SCENE ON SIMCOE NEAR THE FOUR CORNERS ANNAN ARARAARARAAFAAIAAAIAARAAAAAAFAFARIAAVAAAVARAAAAVARANIARAVAAVAVARAVARAARAVARARARAARIARARARARAAY WELCOME TO OUR OPEN HOUSE | Come in and see the finest selection of furniture in Oshawa on display on four showroom floors. 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