A story in the digital journal says Ontario’s new stunt racing law, which is applied against drivers exceeding the speed limit by 50 km/h, has been declared unconstitutional in court.
The article says an appeal by a 62-year-old woman who was charged after she attempted to pass a transport truck resulted in a ruling in the Napanee, Ontario, Court of Justice on September 4 that the stunt law automatically convicts people through an "absolute liability" rule, and since that can result in jail time, it’s unconstitutional. There is no way to defend yourself against the charge once the facts have been proven — in other words, you can say, "My throttle jammed open," but you’re still going to jail — so the law is not constitional.
Ontario’s stunt law gives police the right to seize vehicles, issue very high fines, and suspend driver’s licences, and there is no way to appeal those decisions by police. The law is generally used in cases where a speeder was going 50 kim/h over the limit.
The judge’s ruling does not prevent police from handing out tickets for stunting, but according to the digital journal story , a successful appeal of another stunting case could throw that one right out of the books forever.