Street racing law ruled unconstitutional

[sigma_1966]

Originally Posted by THUMPER20X

Its Canada..... Its not supposed to make any sense. Speeding is speeding. Stunt driving is stunt driving. Racing is racing. They are all different and need different penalties not some bulk charge.

YES... YES..YES.. Thumper you nailed it on the head. The lady's defense was she was passing a truck she was afraid of. The part of the law the judge said was unconstitutional was the going to jail part.

Your are right speeding is one thing but racing someone or drag racing someone is totally different.

Originally Posted by THUMPER20X

The Canadian political and judicial system needs to be wiped and redone because its ineffective, incompetant and hopeless.

Dont get me started on the justice system because as ordinary average, everyday, citizens you dont have a clue how stupid the justice system REALLY is.

Someone who speeds 50 over will lose their license for a week have their car impounded. You will pay a fine and your insurance wil go up. If your arrested carrying a firearm illegally you will be out 48 hrs later or less on bail, legal aid will pay your legal bills and if you do get convicted chances are you will do less than a year. The kicker is if you do it right you can collect welfare while your in the system

[homer2004]

well a gramma was pulled over for speeding 50 over the speed limit for a 10 second to pass a a big truck in the hwy. just saw it in news three days ago. you only need to speed not even 10 second over the speed limit to be pulled over. now that is stupid

[DGthe3]

I still haven't figured out what is unconstitutional about the law. And generally speaking, I agree with the ultra harsh penalties. The idea is that they don't give a rats ass why you were going so fast, there is no good reason to be 50km/h over the limit. That woman was doing 131 while passing a truck in an 80 zone ... how fast was the truck going before she decided to pass it? If the truck was under the limit (thus requiring this woman to pass it), I don't think she would have had to go that fast. If the truck was over the limit, why the hell was she passing it? Don't like it in front of you, ease off and get some space between the vehicles. Problem solved.

I would like to see 1 thing changed about those laws, get rid of the 50 km/h over bit. Change it to 50% over. I figure 75 km/h around town is at least as dangerous if not more-so than 150 on the QEW.

[Spiv]

Apparently the problem is that lack of defence for it once facts have been proven.....wtf? Isn't that a problem with all crimes once the facts are proven? Isn't that the point of proving the facts?

It's our justice system, I deal with it daily, and I hate the POS beyond belief. Nothing short of a civil riot will have any major changes made to where things make sense.

[Kenny]

I think the real problem is the officer that pulls you over is judge and jury. Once he says you're guilty that's it, end of story, so there is in theory no defence. What if there was equipment malfunction or it wasn't you at 50 over but the prius that was passing you? God forbid that officer isn't having a bad day.

I'm all for stopping the carnage on the roads but if a police officer has the power to take your licence and car on the side of the road what do we need the courts for? Guilty until proven innocent? I always thought the police CHARGE you with the offence and the courts decide if you are guilty with the evidence presented.

And after reading that section of the HTA it is not very clear cut. It relies heavily on the officers judgment to decide if there was INTENT.....whoops forgot i had turned off stabilitrac and the back end got a little loose on that corner....GUILTY....i didn't mean it but how does he know that.

Just part of my 2 cents.

[Matster]

After talking to a buddy of mine who is a police officer, the issue the Judge has isn't with the law itself, but the manor in which it is enforced. The Judge felt that it is a violation under the Charter of Rights and unconstitutional that they take your car and your licences on the spot, basically handing down punishment without due process. In this situation, if you believe Granny, they took her licence and her car and left her on the road side with her luggage somewhere between Ottawa and Toronto to find her own way home.

[Matster]

Originally Posted by THUMPER20X

Its Canada..... Its not supposed to make any sense. Speeding is speeding. Stunt driving is stunt driving. Racing is racing. They are all different and need different penalties not some bulk charge. But we live in a country thats approaching what 4 fed elections in 5 years???? Nothing gets done here because no one is in long enough to see their plans to fruition. Personally im getting fed up with the whole place. I was born here so I will rip and bitch all I want. The Canadian political and judicial system needs to be wiped and redone because its ineffective, incompetant and hopeless.

25 or 30 years of socialist govenments will do that to a country. Most, but not all of the problems with our laws and legal system today can be laid at the feet of the Liberal Party. It was them who gave us our Charter which IMO is a POS. We would certainly be no worse off today had we stayed under the BNA.
Canadians continue to bitch about lax laws and then turn around and vote liberal DAH!

[Kenny]

Originally Posted by Matster

25 or 30 years of socialist govenments will do that to a country. Most, but not all of the problems with our laws and legal system today can be laid at the feet of the Liberal Party. It was them who gave us our Charter which IMO is a POS. We would certainly be no worse off today had we stayed under the BNA.
Canadians continue to bitch about lax laws and then turn around and vote liberal DAH!

And i'm sure we'll have the oportunity to vote again real soon....i would go on but i believe discussing politics are against forum rules......