Province says it views law as Constitutional even after judge dismissed charges against an 18-year-old woman last week
A front loader crushes two modified street racers, seized by York Regional Police under the Civil Remedies Act, during a press conference in Markham, June 15,2006. The destruction of the cars was performed by the Ministry of the Attorney General to demonstrate Ontario's crackdown on illegal street racing. The Globe and Mail
TORONTO — The Canadian Press Published on Monday, Nov. 23, 2009 10:48AM EST
A Newmarket judge dismissed stunt driving charges against an 18-year-old woman who had been caught doing 157 kilometres per hour on Highway 407 north of Toronto.
Fifty kilometres an hour over the posted speed limit is considered speed racing or stunt driving under the law introduced in 2007.
Justice Peter West ruled that having a potential penalty of up to six months in jail violates the Charter of Rights because the law does not allow the accused to present a defence.
It's the second time a provincial court has struck down the law as unconstitutional, and the first case is scheduled to be heard by the Court of Appeal in the new year.
The Attorney-General's ministry said in an e-mail that its position is that “the street racing provisions are Constitutional and they are an important public safety initiative.”
Commentary by the Ottawa Mens Centre
Increasingly, our politicians decide, order, new
legislation, without any real legal reasoning or logical reasoning other than
any thing to achieve political advantage.
Its a "red necked law" as legally correct as Ontario's Male Sharia law.
On many parts of the 401, you still find many motorists cruising at 130, even on other highway's 20 and 30 k above the 'posted limit' is the norm.
The closer you get to Toronto, the higher the speeds become, convoys of cars engage in collective speeding. At the same time, trucks have governors to limit their speed, its a recipe guaranteed to cause accidents.
Some highways like the 401 are safe at even 150 kph, similar highways in Europe see over 200 kph.
To call 150 on the 401 as "street racing" boggles the brain in sheer lunacy.
The government could use its head.
The legislation already contained every took required, dangerous driving, speeding tickets, etc. There was no need for this draconian law.
Its an other example of the government trampling fundamental legal rights.
The real "insult to justice" is that the person responsible for this "law" is none other than Micheal Bryant who recently demonstrated his own driving ability.
Perhaps the Globe should check out some of the unreported and rarely reported, family law decisions where male litigants have "pleadings struck", declared vexatious litigants, have orders for support made out on fictitious incomes.
Increasingly, corrupt family court judges are "getting rid of cases" that is, destroying children's right to have a relationship with their father all made by decisions that appear like those from a corrupt banana republic.
Canada is an insult to justice, Ontario, is probably the worst province in Canada for abuses of power, corrupt legal decisions, and laws that contravene the very basic principles of justice but appear exceedingly political correct.