For the second time, Ontario’s new anti-street racing laws have been deemed unconstitutional. Â This time Justice Peter Wright, has thrown out charges by indicating the unconstitutionality of the new law.
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.”
I can see this going up the judicial ladder. Â We shall keep our pedal off the metal, until this is decided. Â It is however, reported that police agencies still plan on enforcing the law.
