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Old 09-09-2009, 10:31 AM   #1
Fel
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Stunt Racing Law Deemed Unconstitutional



Not the best source, but it's the only one I could find:

http://jmortonmusings.blogspot.com/2...itutional.html

Quote:
Tuesday, September 8, 2009
Stunt racing law found unconstitutional
Friday's (September 4) decision from Napanee from Ontario Court of Justice Judge G J Griffin in R v Raham, 2009 ONCJ 403 holds the stunt racing by excessive speed law to be unconstitutional. This decision has been eagerly awaited.

The decision is unreported and I do not have an electronic copy -- I have a rather poor photocopy and that was not easy to obtain -- and so I will describe the decision in some detail.

The decision is clear stunt driving by excessive speed contrary to s 172(1) of the Highway Traffic Act and O Reg 455/07 fails.

The reasoning is that the excessive speed section of the definition of stunt (the 50 km/hr over the speed limit) is an absolute liability offence. No mental element is required to find guilt and no due diligence defence will avoid guilt. This conclusion, which differs from many Justice of the Peace decisions, is based largely on the language of O Reg 455/07 which refers to intention in regarding several ways a stunt can occur but not with regard to speed.

Considering a possible due diligence defence the Court held any such defence was implausible and that suggested absolute liability.

In other cases speeding, in the sense of breaking the speed limit, has been found to be an absolute liability offence.

The Court reviewed the traditional tests to distinguish absolute and strict liability and found stunt driving by excessive speed to be absolute liability.

The Court noted that the provision in question, while called stunt driving and punished potentially by jail, might more properly be called driving at extremely excessive speed. In effect the offence was one of super speeding.

As a matter of constitutional law, an absolute liability offence tied to a potential prison sentence breaches s 7 of the Charter. The principles of fundamental justice forbid imprisonment without some mental element -- some wrongful mens rea, even if limited to being able to avoid conviction by showing due diligence.

Here the Court, noting that stunt driving can lead to jail time, found a breach of s 7 of the Charter.

Surprisingly, perhaps, the Crown acknowledged that if there was a breach of s 7 of the Charter such breach could not be saved by s 1 of the Charter.

Hence, the stunt driving law, as to speed, fails.
BAM!
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Old 09-09-2009, 01:43 PM   #2
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so.....what happens now?
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Old 09-09-2009, 01:47 PM   #3
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Cops will continue to enforce the law until it is changed. I heard on the radio that the crown will appeal.
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Old 09-09-2009, 01:57 PM   #4
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More legitimate source:

http://www.thestar.com/news/canada/article/692925
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Old 09-09-2009, 04:25 PM   #5
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here's a small one

http://www.680news.com/news/headline...9_073821_13324

heard it today and said "yipee!"
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Some people have serious track experience from the cruise, so what is fast to you, isn't fast to them.
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Old 09-09-2009, 06:02 PM   #6
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Quote:
Originally Posted by Fel View Post

and read all the comments...

nothings going to happen to this law until more and more white old people, and police, get ticketed for street racing. Then things might chnage.
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Old 09-09-2009, 06:45 PM   #7
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Here's another good link: http://www.640toronto.com/HostsandSh...ord/Audio.aspx
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Old 09-09-2009, 06:54 PM   #8
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Since the crown did not challenge the ruling on Section 1 of the Charter, and the law was deemed an Absolute charge, they will have a VERY tough time to challenge the ruling... It would have to go to the Supreme Court, but since the Crown determined they could not challenge under section 1, they cannot go back and now challenge under Section1. A provincial precident has been set. All provincial JPs must abide by this ruling. The likelt outcome will be a new law drafted to address this recent decision. Get your case to court SOON!!!!! B4 the law is changed!!!
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Old 09-09-2009, 07:01 PM   #9
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sweet and i hope some1 pro 'car enthusiast' lobby's hard to weaken whatever new law they attempt!
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Old 09-10-2009, 12:35 PM   #10
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My Buddy came up with a good point last night while we were discussing this......I hate that I think he's right but...........hear me out.

If you get charged with a break-and-enter, the police suspect you of it, they will arrest you and throw your ass in jail right away.
You make bail, go home, but they did throw you in jail without your day in court.......

???????????

same thing?
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Some people have serious track experience from the cruise, so what is fast to you, isn't fast to them.
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Old 09-10-2009, 01:20 PM   #11
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Quote:
Originally Posted by davericher20 View Post
My Buddy came up with a good point last night while we were discussing this......I hate that I think he's right but...........hear me out.

If you get charged with a break-and-enter, the police suspect you of it, they will arrest you and throw your ass in jail right away.
You make bail, go home, but they did throw you in jail without your day in court.......

???????????

same thing?
Pretty close, but you're forgetting one thing....

The guy breaking and entering probably doesn't have the same level entitlement issues that most drivers seem to have.
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Old 09-10-2009, 01:36 PM   #12
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Originally Posted by davericher20 View Post
If you get charged with a break-and-enter, the police suspect you of it, they will arrest you and throw your ass in jail right away.
You make bail, go home, but they did throw you in jail without your day in court.......
?
Its the power of seizure that people are upset about saying the property was used in a criminal act. If you break and enter they will toss in you jail if you are caught in the act or have witnesses etc. If you are a flight risk or a risk of re-offending you ain't gettin' out.

I knew some other politician would capitalize on this unpopular law to get himself somewhere.
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Old 09-10-2009, 01:44 PM   #13
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Quote:
Originally Posted by Fel View Post
Pretty close, but you're forgetting one thing....

The guy breaking and entering probably doesn't have the same level entitlement issues that most drivers seem to have.
lol
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Some people have serious track experience from the cruise, so what is fast to you, isn't fast to them.
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Old 09-10-2009, 02:33 PM   #14
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Quote:
Originally Posted by davericher20 View Post
My Buddy came up with a good point last night while we were discussing this......I hate that I think he's right but...........hear me out.

If you get charged with a break-and-enter, the police suspect you of it, they will arrest you and throw your ass in jail right away.
You make bail, go home, but they did throw you in jail without your day in court.......

???????????

same thing
?
No not the same thing at all. one only needs to step on a gas pedal with ones right foot to apply, the other requires you to break shit to get into some1's house to steal shit & rob the home owner of items & a sense of security -but both can now potentially result in jail time. and since its way easier to nail speeders with a $10K fine then convict b&e'rs its easy to conclude driving will be prosecuted MORE

one charge requires the cops to show next to no evidence, or their version of events are taken as gospel, the other requires an immediate show of cause or evidence, that could then be judged by one or a jury to decide guilt.

anyways - cops can hold you up to 48hrs (i think) on mere suspiscion but it has to be on something more important then say jaywalking, which we all do, just as we all speed!

Quote:
Ruling won't slow down speeding fines

Speeding drivers will continue to face stiff penalties even though a Napanee judge ruled the province's "draconian" street-racing law is unconstitutional because people can be jailed without a chance to defend themselves.

"For the purpose of the Provincial Offences Act courts, this affects nothing," said Guy Bergeron, manager of case management for the provincial offences court house in Ottawa.

"If an officer was to lay a charge under this statute it will be processed tomorrow the same way it's processed today."

The ruling is raising hopes drivers might soon be spared the stiff penalties imposed under the 2007 law.

"A large number of cases in Ottawa are now in the system," said Norm Boxall, vice-president of the Criminal Lawyers Association and a past-president of the Defence Counsel Association of Ottawa.

"For sure a lot will be affected."

SPEEDY GRANNY

Any driver charged with speeding more than 50 km/h over the legal limit immediately has their driver's licence suspended for seven days and car impounded. They face a minimum $2,000 fine and up to $10,000 -- not to mention jail -- on a charge of street racing.

The successful challenge of the law came from Jane Raham, 62, a grandmother with a clean driving record and a fear of transport trucks.

"I was charged with stunt driving for going over 51 (km/h) over the speed limit for probably two seconds as I passed a transport truck," Raham said yesterday.

"I paid the fine because I just wanted to put it behind me but I had a great sense of being victimized by an unfair law."

With the urging of her paralegal, Raham agreed to appeal the case and last Friday, Judge Geoffrey Griffin sided with her, ruling in a Napanee courthouse the law -- enacted just two years ago -- is unconstitutional
.

"The decision was the right decision," said Brian Starkman, the lawyer who argued the appeal.

"Somebody who is speeding and doing nothing but speeding shouldn't be exposed to a jail sentence. Drivers simply wouldn't be able to defend themselves."

The government said it will appeal the ruling.

http://www.ottawasun.com/news/ottawa...13836-sun.html
^ the short: suck it we're still charging you $ & taking your shit, fook what some judge said!
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Old 09-10-2009, 03:27 PM   #15
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No not the same thing at all. one only needs to step on a gas pedal with ones right foot to apply, the other requires you to break shit to get into some1's house to steal shit & rob the home owner of items & a sense of security -but both can now potentially result in jail time. and since its way easier to nail speeders with a $10K fine then convict b&e'rs its easy to conclude driving will be prosecuted MORE
The fact that one crime is easier than the other crime doesn't change the fact that it's still a crime.

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one charge requires the cops to show next to no evidence, or their version of events are taken as gospel, the other requires an immediate show of cause or evidence, that could then be judged by one or a jury to decide guilt.
Sorry, but that's bullshit. A cop doesn't pull you over for 50 over without proof of 50 over.... ie, a radar gun. That is evidence, believe it or not. If they don't clock you, they can't write you a speeding ticket. This is why people ask to see the radar gun.
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