Despite two provincial court rulings that say otherwise, the government says its street racing law is constitutional.
An 18-year-old woman caught doing 157 km/h on Highway 407 had the charge against her dropped by a Newmarket judge last week.
Justice Peter West ruled the stunt driving charge was unconstitutional. Anyone caught doing 50km over the posted limit can be charged under the
law introduced in 2007.
West said the potential penalty of six months in jail violates Charter Rights because, under the street racing law, the accused can’t present a defence.
Last week’s decision was the
second time a provincial court has come to that conclusion. The first case is slated to be heard by the Court of Appeal in the new year.
The office of the
Attorney General insists its measures to stamp out street racing are constitutional and are an important public safety initiative.