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Old 02-10-2010, 14:32   #46
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Originally Posted by Brent Swain View Post
... If the Harbour authorities come to your boat, at anchor , and you don't open the hatch, you are under no obligation to do so, even with the cops there. If you open it, then close it, that may be called "Obstruction", but if you don't open it in the first place, you are under no obligation to do so. Say nothing.
They need a search warrant to come aboard. If they do so without a search warrant, the Supreme Court of Canada recently ruled that you can sue them for violation of your charter rights, and go after their personal assets, like wages, bank account, pensions, property , etc, in a civil suit.
With all due respect, I’d encourage anyone contemplating such an expression of one's rights to seek more competent legal counsel than offered here.
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Old 02-10-2010, 14:39   #47
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I got this info from a well qualified lawyer, who was dealing with civil liberties issues for a large organization..
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Old 02-10-2010, 15:35   #48
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A derelict boat in IMHO is one which is unoccupied for an extended period of time, ie., at least 6 months, clearly neglected, has questionable holding gear such as frayed anchor line or heavily rusted chain incapable of holding the vessel in a blow and has not moved for years. In my mind that would be a derelict or abandoned boat. On what basis does the city or what ever body is trying to collect anchorage fees claim they 'own' the anchorage? I wouldn't pay either unless the city had put in mooring buoys and were charging for them like the Laurel Street anchorage in San Diego. There is still free anchorage to be had in San Diego Harbour. There are some rather arcane and restrictive foreshore laws but folks have anchored out in Nanaimo Harbour for years and as long as they aren't in the fairway and impeding other vessels from entering or leaving the harbour, they should be left alone.
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Old 12-02-2011, 14:28   #49
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BC Nautical Residents Association

There is a new Liveaboard Association association in BC. Check out the link to the British Columbia Nautical Residents Association home page.
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Old 29-03-2011, 18:55   #50
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Re: BC Nautical Residents Association

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There is a new Liveaboard Association association in BC. Check out the link to the British Columbia Nautical Residents Association home page.

You can also find them on facebook !
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Old 09-04-2011, 16:59   #51
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Re: BC Liveaboards Association

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Originally Posted by Brent Swain View Post
Ditto with VHF licenses.
Laws only work if a majority of people bother following them. The best way to get rid of unjust laws is for the majority of people to oppose them.
If the Harbour authorities come to your boat, at anchor , and you don't open the hatch, you are under no obligation to do so, even with the cops there. If you open it, then close it, that may be called "Obstruction", but if you don't open it in the first place, you are under no obligation to do so. Say nothing.
They need a search warrant to come aboard. If they do so without a search warrant, the Supreme Court of Canada recently ruled that you can sue them for violation of your charter rights, and go after their personal assets, like wages, bank account, pensions, property , etc, in a civil suit.
You no longer need a station license to have VHF on board your vessel UN less its commercial and outside Canadian waters. Cruise outside of Canada and you need a station license--ie: even the zodiac rescue boats on BC Ferries are licensed VHF stations. You still need a license to use VHF UN less its an emergency or a warning broadcast to avoid collision, etcetera.

Charter rights are not absolute. The no warrant search would need to wrongly convict you of a crime. The Supreme Court ruling is about holding police officers accountable for wrongful convictions. Not if they violated some given right by searching your house without a warrant. Even if a court found the Police didn't have probable cause. If the police planted evidence or lied in order to convict then you can sue.

Canadians do have a right to anchor!!! So living aboard should be easy.
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Old 20-09-2011, 22:03   #52
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Re: BC Liveaboards Association

Check out the recently founded BC Nautical Residents' Liveaboard Association

http://www.bcnr.org/

They need all the support they can get.
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Old 21-09-2011, 05:11   #53
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Re: BC Liveaboards Association

Greetings and welcome aboard the CF, islandspirit.
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Old 09-10-2011, 10:34   #54
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Re: BC Liveaboards Association

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With all due respect, Id encourage anyone contemplating such an expression of one's rights to seek more competent legal counsel than offered here.
I disagree. By frigging over the police, will put them in there place. They will respect the people. Currently cops serve there hierarchy. They No longer protect and serve the community.
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