[llama66]

Its weird, I've read the traffic safety act, and I don't remember arbitrary fines being mentioned in it.

I think this where the term 'highway robbery' comes from.

[andyt]

It's not a highway, it's private property.

[llama66]

It sill falls under the Highway Traffic Act.

From the aforementioned Highway Traffic Act (Alberta)

1(1)(p) “highway” means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestleway or other place or any part of any of them, whether publicly or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles and includes
(i) a sidewalk, including a boulevard adjacent to the sidewalk,
(ii) if a ditch lies adjacent to and parallel with the roadway, the ditch, and
(iii) if a highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be,
but does not include a place declared by regulation not to be a highway;

so then, its a highway. Only once does it mention Reserve land, and that is for speed limits...

Standard speed limits 106 Subject to a speed limit that is prescribed under section 108 for a highway,
(a) 100 kilometres per hour is the maximum speed limit for a provincial highway under the Highways Development and Protection Act that is located outside an urban area;
(b) 80 kilometres per hour is the maximum speed limit for
(i) a highway that is subject to the direction, control and management of
(A) the council of a municipal district or Metis settlement, or
(B) the Minister responsible for the Special Areas Act, in the case of a special area;
(ii) a provincial highway under the Highways Development and Protection Act that is located within a city;
RSA 2000 Section 107 Chapter T-6
113
TRAFFIC SAFETY ACT
(iii) a highway that is located on an Indian reserve where the title to the highway is vested in the Crown in right of Alberta;
(iv) a forestry road;
(v) a licence of occupation road;
(vi) a highway located within an improvement district;
(vii) a highway that is subject to the direction, control and management of the Minister responsible for the Provincial Parks Act;
(c) subject to clause (b)(ii), 50 kilometres per hour is the maximum speed limit for a highway located within an urban area.

RSA 2000 cT-6 s106;2002 c30 s30;2004 cH-8.5 s76

So you see regardless of whether its private property or not, you cannot charge a toll for the use of a provincial highway (as defined)

[andyt]

It's their property, they can block it off if they want, just as you can with your property.

[llama66]

Its a highway. dude, did you read what I posted?

(iii) a highway that is located on an Indian reserve where the title to the highway is vested in the Crown in right of Alberta;

Native land, provincial road.

[andyt]

Dude did you actually read the article?

The RCMP said the First Nation’s road is private, so police could not divert traffic there.
The province said that the road belongs to the First Nation and it’s up to residents to decide who may use it.

It's not a provincial highway, they are roads within the reserve

[llama66]

I did, believe it or not. And then I posted what the law actually states. Which is that vague jumble of legaleese above.

Roadways in IR's are bound by the Traffic Safety Act, like every road in Alberta, this means they have to adhere to the rules of the road like everyone else, these are not driveways, they are roadways hence they are provincially regulated, reserve land or not.

The RCMP are generally considered to be useless at the best of times (unless you need someone tased in an airport)

So they can't do whatever they want.

[Hyack]

In BC this issue is moot as whenever the nativ......local indigenous peoples get a wild hair up their collectives asses they just go ahead and block any road they damn well feel like blocking at the time!! And about all the RCMP can seem to manage doing is making sure they get everything on video.....

[llama66]

I suspect that's the case here too.

[andyt]

Hyack Hyack:

In BC this issue is moot as whenever the nativ......local indigenous peoples get a wild hair up their collectives asses they just go ahead and block any road they damn well feel like blocking at the time!! And about all the RCMP can seem to manage doing is making sure they get everything on video.....

Different situation. Hwy 99 goes right thru the Mt Curry reserve. It is clearly a provincial hwy and when the natives shut it down the cops should have got involved right away. They certainly did when the Pemberton people blockaded the Mt Curry reserve. But the authorities were probably afraid the Natives would win in court, since the hwy was just pushed thru the reserve without proper expropriation procedures. Just another instance of us acting without proper legal recourse coming back to haunt us.

This situation is different - more like if the drivers were trying to drive thru a gated community.

[Hyack]

$1:

Among areas with either information blockades or highways that have been totally shut down by protesting Indians are: Oliver, Vernon and Penticton in the Okanagan; Fraser Lake, Moricetow, Gitwanga,New Ainyansh and Meziadin Junction aling the Yellowhead and north of Terrace; Alert Bay, Campbell River and Port Albverni on Vancouver Island; at Mount Currie and near Lillooet, where Indians previously blocked the B.C. Rail tracks and are still shutting down Highway 12B. There are also information pickets and blockades in North Vancouver and at the Lions Gate Bridge in Vancouver.

link

[OnTheIce]

Thanos Thanos:

It's private property, as the signs say at pretty much every entrance to every reserve in this country. They have the right to keep any outsiders off their land if they choose to do so. There is no legal dispute here at all because long-standing precedents have established the Native right to do this if they want to. They are not obligated under any circumstances, just like every other private property holder in this country, to provide open access to their land for the convenience of others if they don't want to. Case closed.

I drive thru a reserve on my way to our cottage. No signs about private property.

Our old cottage was ON a reserve, also no signs about private property.

[fifeboy]

llama66 llama66:

Its a highway. dude, did you read what I posted?

(iii) a highway that is located on an Indian reserve where the title to the highway is vested in the Crown in right of Alberta;

Native land, provincial road.

And I suspect (but, not being a lawyer...) that this the relevant clause:

$1:

(iii)where the title to the highway is vested in the Crown in right of Alberta;

in Saskatchewan, reserves are private property and a non reserve member can be asked to leave.

[BRAH]

It's no different than those idle movement dumbasses who almost felt the front of my bumper.

[PublicAnimalNo9]

BartSimpson BartSimpson:

Thanos Thanos:

It's their private land and the treaty says...

I thought you folks didn't have treaties with the natives?

Regardless, it's still private land. I think what they did was cheap-assed bullcrap but they had every right to charge whatever toll they saw fit.

Let's face it, if most people had a big piece of private land and a raft of traffic wanted to transit it because of something out of the ordinary on the highway, they'd try to profit from it as well. And I think if most of us here were being completely honest with ourselves, we'd probably do the same, although maybe not as high as $20 a crack. Hell, I can transit the entire NY Throughway from Buffalo to the MA turnpike, a distance of well over 200 miles, for less than $20.