Street Racing Laws Ruled Unconstitutional… Again!

By: Ryan Venables · November 23, 2009 · Filed Under Constitutional Law, Legal Reform · Add Comment 

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.

Full story here

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Surviving street racer convicted

By: Law is Cool · October 28, 2009 · Filed Under Criminal Law · Add Comment 

‘Brazen’ driver guilty in crash

Bob Mitchell writes for the Toronto Star:

On June 3, 2006, the Radmans were critically injured when their Pontiac Sunfire was hit by a Porsche which had gone out of control while racing a Mercedes. The Porsche’s driver, Peter Kippax, 31, was killed. Alan Kippax, 41, his cousin and driver of the Mercedes, was charged.

On Tuesday, Alan Kippax, the Mercedes driver, was convicted of dangerous driving causing death and two counts of dangerous driving causing bodily harm.

AdviceScene

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