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Old 05-11-2010, 11:46 AM   #7
540iM
2nd Gear Member
 
Join Date: Feb 2010
Location: Ottawa
Posts: 111
Quote:
Originally Posted by gervs View Post
and maybe there is hope. If they let her off, maybe you can too.
http://blog.legalaction.ca/granny%E2...onstitutional/
"Griffin's ruling does not encroach upon the OPP's ability to nab and charge reckless street racers. It just means convicting someone on excessive speed alone – as in Raham's case – is now unconstitutional.

However, OPP officers are still going to hand out stunt-driving tickets and the Ministry of the Attorney General is planning an appeal.

"Our position is that the street-racing provisions are constitutional and that they are an important public safety initiative," ministry spokesman Brendan Crawley said.

"We will be seeking leave to appeal the decision of the Ontario Court of Justice. In the interim, people should understand that the street-racing provisions are still in effect and police can still lay charges."

James Morton, a lawyer who is past president of the Ontario Bar Association, said the ruling is "important across the province" and noted it is binding on all Justices of the Peace, though not on Ontario Court judges.

But he said the Crown should have fought harder.

"The statute could have been upheld under Section 1 of the Charter that talks about a reasonable limit in a free and democratic society," Morton said. "But for reasons I'm unaware of, the Crown conceded that it could not be so upheld. And I thought that was surprising."
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