RSS FeedStreet Racing Laws Ruled Unconstitutional… Again!
For the second time, Ontario’s new anti-street racing laws have been deemed unconstitutional. 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. We shall keep our pedal off the metal, until this is decided. It is however, reported that police agencies still plan on enforcing the law.
