Ontario's Street Racing Law declared Unconstitutional

[Iron Woode]

I knew this was coming sooner or later.

http://www.thestar.com/news/canada/article/692925

Reckless street racers will still be charged and convicted under the stunt racing laws, but convicting someone on excessive speed alone - as in Raham's case - is now considered unconstitutional, unless Justice Griffins' ruling is successfully appealed.

The law, enacted two years ago, requires no criminal intent when speeding is 50 km/h over the speed limit; proof alone of someone doing this is sufficient for a conviction, something considered "absolutely liability" under law.

Essentially, the conviction is automatic - and upon conviction there must be a fine of between $2,000 and $10,000, which may also be combined with jail term of no more than six months. The original Justice of the Peace decision found her guilty, but reduced that minimum fine even lower because of the circumstances.

Since punishment may also include jail, the judge ruled this violated Section 7 of the Charter, which specifies no one can be deprived of "life, liberty and security of the person... except in accordance with the principles of fundamental justice."

This section is "unconstitutional as it creates an absolute liability offence for which one can be imprisoned," the judge wrote.

Update: a second Judge has now declared the law unconstitional but the police are still charging people under that law.

http://www.thestar.com/news/ontario/article/729505--ontario-stands-firm-on-street-racing-law?bn=1

Justice Peter West, a provincial court judge in Newmarket, found that an accused driver's Charter rights are "clearly infringed" by the potential jail time because the law doesn't permit the person to put forward a defence.

"There is no air of reality to the Crown's submissions that a defendant charged with stunt driving under section 172 of the Highway Traffic Act ... has an available defence of due diligence," West stated in a written ruling.

"The possibility of the imposition of up to six months imprisonment thereby renders this section unconstitutional."

In making his ruling, West dismissed stunt-driving charges against Alexandra Drutz, who was reportedly clocked going more than 150 km/h while driving on Hwy. 407 in March 2008.

 

[BassBomb]

omg finally

I used to drive 140 but reduced to 130 because of the laws

 

[OCGuy]

How do they get the horse and buggie to go 50km/h over the speed limit?

 

[LordMorpheus]

Originally posted by: OCguy
How do they get the horse and buggie to go 50km/h over the speed limit?

going the wrong way down a street with a 40km/h limit ...

 

[mb]

Originally posted by: OCguy
How do they get the horse and buggie to go 50km/h over the speed limit?

Must have some stickers on the buggie to add more horsepower.

Either that, or NOS.

 

[jlee]

Originally posted by: LordMorpheus

Originally posted by: OCguy
How do they get the horse and buggie to go 50km/h over the speed limit?

going the wrong way down a street with a 40km/h limit ...

:laugh:

 

[halik]

Strict liability is probably a bad idea in this case - what if you're passing someone and a speeding trucks pops out from behind a hill top.

 

[Martin]

The 50km/h over the speed limit law is so retarded. I was coming back from the cottage on Monday night and the entire left lane was doing 140. I even got passed by a few people on the right!

 

[sdifox]

Originally posted by: OCguy
How do they get the horse and buggie to go 50km/h over the speed limit?

Our horses are not fed ethanol.

 

[zinfamous]

Is street racing a serious problem in Ontario?

Seems like some enterprising young fellow (or fellette) should buy some space and build a private, membership-based racing track for all the ricers and ghetto thumpers that want to compare their rides, maybe compete for some cash prizes. Could make some good money, maybe create a nice non-professional racing circuit as well. I know a few of these exist in certain parts of the world. It seems like a market prime for exploitation. I wouldn't know, but I'd think such a thing already exists, no?

 

[Iron Woode]

Originally posted by: zinfamous
Is street racing a serious problem in Ontario?

Seems like some enterprising young fellow (or fellette) should buy some space and build a private, membership-based racing track for all the ricers and ghetto thumpers that want to compare their rides, maybe compete for some cash prizes. Could make some good money, maybe create a nice non-professional racing circuit as well. I know a few of these exist in certain parts of the world. It seems like a market prime for exploitation. I wouldn't know, but I'd think such a thing already exists, no?

I do not believe it's a big problem; just a highly publicized one.

There are many race tracks across Ontario. I assume you mean 1/4 mile drag racing. There are street car nights at most of them. Even some local police run a car there so people can race the police.

 

[alkemyst]

they're gonna blow their floorboards.

 

[BassBomb]

Originally posted by: zinfamous
Is street racing a serious problem in Ontario?

Seems like some enterprising young fellow (or fellette) should buy some space and build a private, membership-based racing track for all the ricers and ghetto thumpers that want to compare their rides, maybe compete for some cash prizes. Could make some good money, maybe create a nice non-professional racing circuit as well. I know a few of these exist in certain parts of the world. It seems like a market prime for exploitation. I wouldn't know, but I'd think such a thing already exists, no?

The year before it was passed a few people died from street racing (either from crashing or hitting pedestrians)
My cousins Grandpa died this way (in brampton)

 

[Q]

Put this in layman's terms for me, I don't understand it.

 

[Iron Woode]

Originally posted by: Quintox
Put this in layman's terms for me, I don't understand it.

driving 50 km/h over the limit got you charged with street racing. A much more serious offense than plain speeding.

Absolute Liability means you are guilty, period.

The punishment included jail time and/or a fine.

The jail term violated charter rights and made that section of the act unconstitutional.

 

[yllus]

Good to hear. Considering that you must be doing at least 120 km/h (20 km/h over) on most of the province's highways this has always been more of a cash grab than it was about safety.

 

[sdifox]

All they have to do is remove the jail time bit and it is good to go again.

150 on 100 zone is excessive anyway you cut it.

some fucker was doing 80 on a 40...I think it should be stated as a percentage, let's say 50%. Below 150% of speed limit, you are just speeding, over that you are racing.

 

[lupi]

Wouldn't have these problems if you used mph.

 

[imported_Imp]

Originally posted by: sdifox
All they have to do is remove the jail time bit and it is good to go again.

150 on 100 zone is excessive anyway you cut it.

some fucker was doing 80 on a 40...I think it should be stated as a percentage, let's say 50%. Below 150% of speed limit, you are just speeding, over that you are racing.

Psh... it's hard to figure out what half of something is, then add it on top.

 

[SandEagle]

Originally posted by: lupi
Wouldn't have these problems if you weren't Canadian.

Fixed

 

[coldmeat]

I don't have a problem with that law. I don't see any reason why you should be driving 50km/h over the limit at any time. The punishment could be execution for all I care.

 

[zerocool84]

Originally posted by: zinfamous
Is street racing a serious problem in Ontario?

Seems like some enterprising young fellow (or fellette) should buy some space and build a private, membership-based racing track for all the ricers and ghetto thumpers that want to compare their rides, maybe compete for some cash prizes. Could make some good money, maybe create a nice non-professional racing circuit as well. I know a few of these exist in certain parts of the world. It seems like a market prime for exploitation. I wouldn't know, but I'd think such a thing already exists, no?

It's well known that it won't stop street racing at all. There's spur of the moment street racing and the hardcore street racers who race for cash.

 

[sdifox]

Originally posted by: Imp

Originally posted by: sdifox
All they have to do is remove the jail time bit and it is good to go again.

150 on 100 zone is excessive anyway you cut it.

some fucker was doing 80 on a 40...I think it should be stated as a percentage, let's say 50%. Below 150% of speed limit, you are just speeding, over that you are racing.

Psh... it's hard to figure out what half of something is, then add it on top.

:laugh:

 

[sdifox]

Originally posted by: SandEagle

Originally posted by: lupi
Wouldn't have these problems if you weren't Canadian.

Fixed

Actually, I think it applies to anyone who dares to drive that way in Ontario.

 

[orakle]

Originally posted by: sdifox
All they have to do is remove the jail time bit and it is good to go again.

150 on 100 zone is excessive anyway you cut it.

some fucker was doing 80 on a 40...I think it should be stated as a percentage, let's say 50%. Below 150% of speed limit, you are just speeding, over that you are racing.

That would be problematic for low speed limits though. Say the limit is 30 km/hr and you're doing 50, should you be fined 10k and/or locked up? I don't think so.