Ontario judges dismissing street racing law

TORONTO — A second Ontario judge has ruled the province’s Street Racing Law unconstitutional, but it won’t deter officers from issuing tickets under the offence.

A motorist caught driving 50 km/h over the posted speed limit is considered speed racing or stunt driving under the law introduced in 2007. The maximum fine under the law is $10,000 upon conviction for street racing, making it the highest penalty in Canada. The minimum fine is $2,000.

Police can also issue an immediate seven-day driver’s licence suspension and seven-day vehicle impoundment for street racing, participating in a driving contest or stunt driving. Courts meanwhile, can impose a driver licence suspension of up to 10 years for a second conviction, if the second conviction occurs within 10 years of the first. For a first conviction, the maximum licence suspension period remains at 2 years. There is also the possibility of a six-month jail term.

However, two Ontario judges have now deemed the law unconstitutional and dismissed stunt driving charges in two separate incidents.

Last week, a Newmarket judge dismissed stunt driving charges against an 18-year-old woman who had been caught doing 157 km/h on Highway 407 north of Toronto. The judge ruled that because there is a potential penalty of up to six months in jail, the law violates the Charter of Rights because under the law the accused would not be able to present a defence.

It’s the same reasoning a judge used earlier this year when dismissing charges against a grandmother who exceeded 150 km/h while passing a trucker. That case is scheduled to be heard by the Court of Appeal in the New Year.

Despite the two decisions, the Ministry of the Attorney General still views Ontario’s street racing law as constitutional, which means tickets will still be handed out by police officers. More than 10,000 such tickets have been issued since the law was enacted in 2007.
 


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