chapter  6
7 Pages

Judicial pedestrianism

The primary and overruling object for which the streets exist is passage. The streets are public, but they are public for passage …

(Metra v. Magistrates of Edinburgh [1913] S C 1059 at 1073)

The streets remain subject to the right of the public to “pass and repass” and that character, of course, is the very essence of the street.