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Jumper
Aug 16, 2005 8:20:20 GMT -8
Post by cascade on Aug 16, 2005 8:20:20 GMT -8
And I would ask what justifiable reason you have ?
If you don't like the colour of my hair ? or that I forgot to have a bath - is that enough reason to stop me paying for a ticket?
The drink & drugs - YES I can fully understand - not a problem at all.
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Jumper
Aug 16, 2005 10:15:32 GMT -8
Post by NMcKay on Aug 16, 2005 10:15:32 GMT -8
they are common sense reasons, all denials are at the descretion of the master. usually drinking and drugs. we've never denied anyone a boarding pass, based on race, religon, hair color, weight, if you had a shower. and we never will. i guarantee it
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Jumper
Aug 16, 2005 10:34:11 GMT -8
Post by cascade on Aug 16, 2005 10:34:11 GMT -8
I fully understand that the Master / Captain has the last word on who can come on the vessel ect... no problem with that at all.
What NO ONE has been able to explain - is what reason - legal is there to Ban a person for wanting to use & pay for a public service - like taking a ferry ride.
The Drink & Drug issue - no problem - but if he or she jumped off the ferry - then what grounds are there in Canada & BC to ban this person for life or any length of time from using the same service - given that BC Ferries operate from a number of different terminals.
The wording on the Harbourlynx ticket - gives the rights to the Master to accept or reject any person from boarding his vessel - so again very understandable - but if challenged in Court - where does Harbourlynx stand - and for that matter - does the Capitan of the BC Ferry stand there and watch all his passengers board the ferry - thereby picking out people he doesn't want on board?
BC Ferries is a major part of the public highway - transport system - and therefore can not enforce or ban people - only the courts can. A road is the ground version of the transport link and if caught drunk at the wheel of a car, you are banned from driving - via the courts. The Police enforce it. Same principle on a ferry - which is like a bus on the road - it carries people across water. So who enforces the court action - if there is a court action to ban a person from using the Ferry?
I would go after the loss of revenue and ask the courts to get the funds from the person who jumped - then maybe most sane people would think twice about taking a short cut home.
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Jumper
Aug 16, 2005 11:52:30 GMT -8
Post by Alex on Aug 16, 2005 11:52:30 GMT -8
What NO ONE has been able to explain - is what reason - legal is there to Ban a person for wanting to use & pay for a public service - like taking a ferry ride. Probably because none of us are legal experts, and I doubt many, if any, have any sort of legal training.
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Jumper
Aug 16, 2005 11:55:16 GMT -8
Post by NMcKay on Aug 16, 2005 11:55:16 GMT -8
my law expertise extends from Law 11, thats as high as i go, and we do have the ability under trsnport canada to deny access to our service, BCF has a little harder time...because its still considered to be a quasno
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Jumper
Aug 18, 2005 9:01:51 GMT -8
Post by cascade on Aug 18, 2005 9:01:51 GMT -8
Here is something I just found - local Sidney Newspaper on the Jumper:
By Mark Vardy
staff reporter Aug 17 2005
Jay Leggit, the 45 year old man who jumped off a ferry as it passed Mayne Island and swam ashore, will be banned from travelling on BC Ferries if the corporation has its way. RCMP recommended that Leggit be charged with criminal mischief. BC Ferries is hoping that the judge hearing the charges will prohibit Leggit from their vessels. "We have been talking to the police about including a ban (on Leggit) in their action," said Deborah Marshall, media director for BC Ferries. "The duration of the ban would be up to the judge." Leggit leaped from the Spirit of British Columbia as it motored through Active Pass July 27. According to media reports, he had missed his ferry from Tsawwassen to Mayne Island, making him late for a baseball game. Rather than wait for the next ferry, he boarded one for Swartz Bay and jumped into the water when it passed Mayne Island. He was later apprehended by RCMP and taken to Royal Jubilee Hospital where he was given a complete medical examination, according to a RCMP media release. He ended up missing his baseball game.
So we learn something new everyday - about the legal what you can do or not....doesn't seem a easy case - and I wonder - will it get to court?
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