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It is respectfully submitted that coupling absolute liability offences with the punishment of imprisonment violates s. 7 of the Canadian Charter of Rights and Freedoms.
Does s. 172(1) (5)(a) and (b) of the Highway Traffic Act violates s. 8 of the Charter ?
8. Everyone has the right to be secure against unreasonable search or seizure.
(A seizure under s. 8 is the taking by a public authority of a thing belonging to a person against that person's will. )

Section 172(1)(5)(b) of the Highway Traffic Act makes it mandatory upon the officer to seize the vehicle in question and affords no discretion. It offers no protection to the owner of the property.

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