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An obligation arises from a contract or from any act or fact to which the
effects of an obligation are attached by law.

An obligation may be pure and simple or subject to modalities. We see that

an obligation in law is something that can come from a contract that you
enter into on your own accord. An obligation can also come from any act of
fact that attaches obligations through force (law).

A contract is an agreement of wills

A contract is formed by the sole exchange of consents between persons

having capacity to contract, unless, in addition, the law requires a particular
form to be respected as a necessary condition of its formation.

The object of a contract is the juridical operation envisaged by the parties at

the time of its formation, as it emerges from all the rights and obligations
created by the contract.

The common intention of the parties rather than adherence to the literal
meaning of the words shall be sought in interpreting a contract. Each clause
of a contract is interpreted in light of the others so that each is given the
meaning derived from the contract as a whole.

A contract creates obligations and, in certain cases, modifies or extinguishes

them. In some cases, it also has the effect of constituting, transferring,
modifying or extinguishing real rights.

The exchange of consents is accomplished by the express or tacit

manifestation of the will of a person to accept an offer to contract made to
him by another person.

Silence does not imply acceptance of an offer, subject only to the will of the
parties, the law or special circumstances, such as usage or a prior business
relationship.Consent may be given only by a person who, at the time of
manifesting such consent, either expressly or tacitly, is capable of binding
himself.

The confirmation of a contract results from the express or tacit will to

renounce the invocation of its nullity.Every person has a duty to honour his
contractual undertakings. Where he fails in this duty, he is liable for any
bodily, moral or material injury he causes to the other contracting party and
is liable to reparation for the injury; neither he nor the other party may in
such a case avoid the rules governing contractual liability by opting for rules
that would be more favourable to them.

The principal is liable to reparation for injury caused by the fault of his
agents and servants in the performance of their duties; nevertheless, he
retains his recourses against them.

An agent or servant of the State or of a legal person established in the public

interest does not cease to act in the performance of his duties by the mere
fact that he performs an act that is illegal, unauthorized or outside his
competence, or by the fact that he is acting as a peace officer.

The principal is liable to reparation for injury caused by the fault of his agents
and servants in the performance of their duties; nevertheless, he retains his
recourses against them. Every person has a duty to abide by the rules of

conduct which lie upon him, according to the circumstances, usage or law, so
as not to cause injury to another. Where he is endowed with reason and fails
in this duty, he is responsible for any injury he causes to another person by
such fault and is liable to reparation for the injury, whether it be bodily, moral
or material in nature. He is also liable, in certain cases, to reparation for
injury caused to another by the act or fault of another person or by the act of
things in his custody.

Every person has a duty to honour his contractual undertakings. Where he

fails in this duty, he is liable for any bodily, moral or material injury he causes
to the other contracting party and is liable to reparation for the injury; neither
he nor the other party may in such a case avoid the rules governing
contractual liability by opting for rules that would be more favourable to
them.

Interpretation act of Quebec article 1. This Act shall apply to every statute of
the Parliament of Qubec, unless and in so far as such application be
inconsistent with the object, the context, or any of the provisions of such
statute.

Interpretation act of Quebec article 61. In any statute, unless otherwise

specially provided, person; (16) the word person includes natural or legal
persons, their heirs or legal representatives, unless inconsistent with the
statute or with special circumstances of the case;

Highway safety code article 5. For the purposes of this Code, the word
person also includes a partnership and the words farm machine include a
farm tractor.

A partnership is a legal person. It is clear from the object being mentioned

that the person in the highway safety code is strictly a legal person. Please
note the distinction in the words INCLUDES and include. The spelling of this
word is different from one to another.

Black laws states that Include- is to contain as a part of something some

drafters use phrases such as including without limitation and including but
not limited to which mean the same thing.

Black laws states that includes- indusio unius est exclusio alterius A canon
of construction holding that to express or include one thing implies the
exclusion of the other, or of the alternative.

The word person in the highway safety code includes indusio unius est
exclusio alterius a partnership which is in law a legal person, legal entity or
juridical personality. The expression of this term includes is evidence that the
code only applies to the legal person for the inclusion of the object
partnership excludes all others from being included. The legal term also
includes is an exclusive term whatever object follows after this term, that is
it, nothing else can be designated or included.

In 550551 Ontario Ltd. V. Framingham Under this rule, when legislative

intent is in question, we can presume that when the legislature expressly
includes specific terms, it intends to exclude any items not expressly included
in the specific list.

Generally, when defining words one would use a format such as, person
means' this or that. In the Statutes and Acts, however, the crafters chose to
use the word includes which has as its old English meaning the idea of to
enclose or confine within. Burton's Legal Thesaurus, 3rd

Law Dictionaries such as Blacks 4th edition and earlier, clearly define
includes as: To confine within, hold as in an inclosure, take in contain,
inclose 10.
The Supreme Court of Canada citing Halsburys Laws, vol. 36,
3rd ed., 1961, at p. 392 in the case law Martin v. Chapman, [1983] 1 S.C.R.
365 gives this ruling: Words are primarily to be construed in their ordinary
meaning or common or popular sense, and as they would have been
generally understood the day after the statute was passed, unless such a
construction would lead to manifest and gross absurdity, or unless the
context requires some special or particular meaning to be given to the
words.

When I look into black laws 9th edition under the word conveyance we find
the following voluntary conveyance

1. A conveyance made without valuable consideration, such as a deed in

favor of a relative.

2. The transfer of a property right that does not pass by delivery of a thing or
merely by agreement.

3. The transfer of an interest in real property from one living person to

another, by means of an instrument such as a deed.

4. The document (usu. a deed) by which such a transfer occurs. [Cases:

Deeds (;=3.]

5. A means of transport; a vehicle. According to blacks law when I use the

word conveyance I am indicating a means of transport, a vehicle. It does not
say a motor, passenger or road vehicle it just states vehicle.

Highway safety code In the interpretation section of the words defined you
will not find the word vehicle you will find motor vehicle, road vehicle
and passenger vehicle. So as you can see it is very clear that there is
indeed a vehicle that is a conveyance that does not fall under the highway
safety code.

In the Highway safety code road vehicle means a motor vehicle that can be
driven on a highway, other than a vehicle that runs only on rails, a powerassisted bicycle or an electrically propelled wheelchair; a trailer, a semi-trailer
or a detachable axle is defined as a road vehicle;

passenger vehicle means a motor vehicle designed for the transportation of

not more than nine occupants at a time, where such transportation does not
require a permit from the Commission des transports du Qubec;

motor vehicle means a motorized road vehicle primarily adapted for the
transportation of persons or property; The highway safety code states that a
motor, passenger or road vehicle is for the primary transportation of persons
or property. The use of the word primary must then indicate a secondary
capacity or even many subsequent capacities or else why use the indication
primary

A driver license is required for a person who is operating a motor, passenger

or road vehicle Highway safety code article 65. No person may drive a road
vehicle unless he holds a driver's licence of the class appropriate to the
driving of that vehicle as determined by regulation, and containing the
particulars prescribed by regulation, if any. The person referred to in this
article is a legal person and the vehicle intended for operation is a motor
vehicle which is for the primary transport of persons or property. A driver
license is required for a person who is operating a motor, passenger or road
vehicle and not for a human who is operating a private conveyance
{vehicle}.

Highway safety code- Registration

Article 21. To obtain the registration of a road vehicle and the right to put the
vehicle into operation on a public highway, a private road open to public
vehicular traffic and on land occupied by shopping centres or other land
where public traffic is allowed, the owner of the vehicle must...

The highway safety code is referring to the registration of a ROAD VEHICLE

and the right to use the road vehicle. There is a distinction? What is being
registered is a Road Vehicle that is primary for the transport of persons.

If a man or women want their private conveyance to be designated a road,

motor or passenger vehicle there is a process that must be followed to obtain
this designation of {road, motor, or passenger vehicle}.

1.Comply with the conditions and formalities established by regulation.

2. Pay the fees fixed by regulation, the duties fixed by regulation and
revalorized, where applicable, in accordance with section 151.4 of the
Automobile Insurance Act (chapter A-25).

It is only when the above conditions are fulfilled that a vehicle such as my
private conveyance can be designated or given the title of road, passenger or
motor vehicle under the code. If the above conditions are not met then the
title and designations do not apply to my conveyance.

When a person applies for the services at that point is when the conveyance
is rendered and given a different title in law and this title attaches
jurisdiction to govern and regulate.

If we look to the criminal code of Canada to we find the interpretation

motor vehicle means a vehicle that is drawn, propelled or driven by any
means other than muscular power, but does not include railway equipment;
In the highway safety code we find the interpretation as follows- motor
vehicle means a motorized road vehicle primarily adapted for the
transportation of persons or property; Very distinct definitions of the same
TERM however the meaning of the term is changed and altered.

My private conveyance is a vehicle that does not have the title or designation
road, motor or passenger vehicle.

The owner of a road vehicle must apply to the Socit for its registration upon
taking possession of it.

Registration is effected by entering in the register kept by the Socit for that
purpose such information concerning the road vehicle and its owner as is
prescribed by regulation. Registration shall subsist for as long as the road
vehicle and its owner remain the same. Again it is only when a man or

women brings their private conveyance {vehicle} to the SAAQ and fulfills the
obligations of the SAAQ that the registration can take place for a road, motor
or passenger vehicle. It is the act of registration that changes the designation
of the conveyance.

In the highway safety code when the code refers to person this is referring to
a legal person only for the word includes was used which denotes an
exclusive context and then it mentions partnership. A partnership is a legal
person/entity under law. The code is strictly enforceable upon legal persons,
juridical personalities.

The owner of a road vehicle must solidly attach the registration plate issued
to him to the rear of the vehicle or to such other place as is determined by
regulation. The only thing that can be the owner of a road vehicle is a legal
person a juridical personality.

The road vehicle is something a person possesses after they have fulfilled all
the obligations of the SAAQ not prior. The Citizen has the Right to travel and
to transport his property upon the public highways in the ordinary course of
life and business.

However, if one exercises this Right to travel (without first giving up the Right
and converting that Right into a privilege) the Citizen is by statute, guilty of a
crime. This amounts to converting the exercise of a Right into a crime.

natural person. A natural person is a human being that has the capacity for
rights and duties.

artificial person. A legal entity, not a human being, recognized as a person in

law to whom certain legal rights and duties may be attached - e.g. a body
corporate. the natural-person has the "capacity" (i.e. ability) for rights and
duties, but not necessarily the obligation. The artificial-person has rights and
duties that may be attached (i.e. assigned) by laws.

In Black's Law Dictionary 2nd edition (1910) we find:

TRAFFIC. Commerce; trade; dealings in merchandise, bills, money, and the

like. (Black's 3rd edition was published in 1933)

In Bouvier's Law Dictionary 1856 we read:

TRAFFIC. Commerce, trade, sale or exchange of merchandise, bills, money

and the like

Noah Webster's 1906 American Dictionary defines Traffic as:

n. 1. trade, commerce, either by barter or by buying and selling
v. 1. to trade, to pass goods and commodities from one person to another for
an equivalent in goods or money to carry on commerce.

Was the 1923 intent of the Highway Traffic Act really about the commercial
use of the public highways by private and public vehicles?

In Black's 8th (2004) and 9th (2009) we find these definitions:

traffic,n.1. Commerce; trade; the sale or exchange of such things as
merchandise, bills, and money... 4. The passing to and fro of people, animals,
vehicles, and vessels along a transportation route.
traffic,vb. To trade or deal in (goods, esp. illicit drugs or other contraband)

There is a problem! The meaning in the modern dictionaries has been

expanded from what was clearly trade and commerce in the older editions to
a definition that now adds the "passing to and fro of people." This means that
Acts written earlier, which were to address only issues of commerce and
trade, are now infringing upon our inalienable right to travel.

This is WRONG! UNJUST and UNLAWFUL! As human beings, we cannot be

separated from our rights. Natural and legal rights are two types of rights
theoretically distinct according to philosophers and political scientists. Natural
rights, also called inalienable rights, are considered to be self-evident and
universal. They are not contingent upon the laws, customs, or beliefs of any
particular culture or government. Legal rights, such as constitutional rights,
common law rights, and statutory rights, are bestowed under a particular
political and legal system; they are relative to specific cultures and
governments. INALIENABLE.

This word is applied to those things, the property of which cannot be lawfully
transferred from one person to another. Public highways and rivers are of this
kind; there are also many rights which are inalienable, as the rights of liberty,
or of speech.6 Inalienable rights: Rights which are not capable of being
surrendered or transferred without the consent of the one possessing such
rights. Morrison v. State, Mo. App., 252 S.W.2d 97, 101.

This means we should use the definitions that were used when the Act was
written. The language of Law ought not changeever. From the original
meaning of traffic we see that it was commercial in nature and never applied
to human beings not engaged in commerce.

ICCPR Article 22- No one may be compelled to belong to an association.