Stunt Driving Ruled Unconstitutional?

[jonmar]

Rumor has it, an Eastern Ontario Judge ruled it unconstitutional on Friday, in so far as the 50+ allegations.

[adamcbrrr]

Rumor has it, an Eastern Ontario Judge ruled it unconstitutional on Friday, in so far as the 50+ allegations.

Gotta source?

[mazdubb]

Around 6 months ago a JP by the name of Barbara Waugh ruled in someones favor saying that it was unconstitutional.

[Splash]

please post source

[mazdubb]

It's not anything new but here you go:

http://www2.macleans.ca/2009/04/30/fast-and-furious/

[jonmar]

Around 6 months ago a JP by the name of Barbara Waugh ruled in someones favor saying that it was unconstitutional.

The case in which I am talking about is not from a JP, but from a Provincial Court Judge sitting on appeal. The judge gave his decision on Friday.

[Splash]

It's not anything new but here you go:

http://www2.macleans.ca/2009/04/30/fast-and-furious/

there's one thing wrong with that article...

"Anyone caught racing or “stunting” (doing doughnuts in a parking lot, for example, or cruising around town with a passenger in the trunk) will automatically lose his car and his licence for seven days."

Parking lots are private property and outside of the HTA. Now if you're driving drunk in a parking lot then the criminal code can step in.

[cjones]

there's one thing wrong with that article...

"Anyone caught racing or “stunting” (doing doughnuts in a parking lot, for example, or cruising around town with a passenger in the trunk) will automatically lose his car and his licence for seven days."

Parking lots are private property and outside of the HTA. Now if you're driving drunk in a parking lot then the criminal code can step in.

they can charge you with dangerous also if its private property, its a criminal charge.

[82Seca750]

The case in which I am talking about is not from a JP, but from a Provincial Court Judge sitting on appeal. The judge gave his decision on Friday.

more info and a link would be appreciated man

[Splash]

they can charge you with dangerous also if its private property, its a criminal charge.

but it's not "stunting" like the article suggest. And you will not get "dangerous driving" unless you are actually in-dangering someone or something.

[jonmar]

more info and a link would be appreciated man

No link. Just personal knowledge.

[cjones]

one of the main problems with 203, is officers using it inappropriately. For example, charging stunters on private property.

They know 100% its getting thrown out in court, but they still tow your bike, lost license for a week, and impound/lawyer fees.

There is no recourse for the people incorrectly charged with it, and the last posted conviction rate was less than 50%.

[Grimmy]

No link. Just personal knowledge.

Any more personal knowledge other than here-say or a rumor?

I've done a search of Canlii for this supposed case, and cannot find a successful appeal.

Which charter was used to be victorious in the appeal? What was the nature of the appeal? Which Court in which city? Individuals name?

[Bantario]

The court of appeals in Napanee is the place, so I hear................nothing confirmed
Speeding is Speeding.......

And that's all I know, no other details.

[Gaoler]

A justice of the peace is

1. Not a judge.

and

2. Not even a lawyer...

Generally they do not have any real legal training beyond JP school. I wouldn't bet anything on what their opinion is on the constitutionality of anything...
That said.. our constution isn't realy worth the paper it's written on so WTF.. even if something is deemed unconstitutional as long as enough people think it's okay... They'll make an exception

Hell... My mom's neibour of 20years is a JP... Her only qualifications are that she was a stay at home mom all her life and she sat on the home&school assoc.
One other JP I know is an alcoholic ex-taxi driver...

Most are okay, but there are a few who haven't a clue what they're doing...which can be good

[Stealth1]

one of the main problems with 203, is officers using it inappropriately. For example, charging stunters on private property.

They know 100% its getting thrown out in court, but they still tow your bike, lost license for a week, and impound/lawyer fees.

There is no recourse for the people incorrectly charged with it, and the last posted conviction rate was less than 50%.

I'm pretty sure there is some BS part in the bill which states that charges can be laid on private property and not only on public highways and freeways.

[MarcosSantiago]

Any more personal knowledge other than here-say or a rumor?

I've done a search of Canlii for this supposed case, and cannot find a successful appeal.

Which charter was used to be victorious in the appeal? What was the nature of the appeal? Which Court in which city? Individuals name?

If the appeal was succesful on Friday, don't expect it to be in Canlii today!!!!

It can take a loooong time to get stuff into Canlii

[JZ67]

An aquantance that was cherged under the act was advised ber her attorney that this ruling was coming down and could be favoured toward the accused. More hear-say to add to the pot but intriguing just the same.

[Brian P]

I found something elsewhere with more on this.

http://www.meetmeinto.com/thread_con...forum&total=23

It's too early to know what the implications of this will be.

[FiReSTaRT]

Lol @ BP being on MMTO.. I haven't been there in years.. I should check if my account is still there just for ***** and giggles lol