Ont. stands by street racing law despite ruling
Last Updated: Monday, November 23, 2009 | 12:45 PM ET
The Canadian Press
The Ministry of the Attorney General says it still views Ontario's street racing law as constitutional, despite a provincial court ruling in Newmarket last week.
On Friday, A Newmarket judge dismissed stunt driving charges against an 18-year-old woman who had been caught doing 157 km/h on Highway 407 north of Toronto.
Fifty kilometres an hour over the posted speed limit is considered street racing or stunt driving under the law introduced in 2007.
Justice Peter West ruled that having a potential penalty of up to six months in jail violates the Charter of Rights and Freedoms because the law does not allow the accused to present a defence.
It's the second time a provincial court has struck down the law as unconstitutional, and the first case is scheduled to be heard by the Court of Appeal in the new year.
The Attorney General's Ministry said in an email that its position is that "the street racing provisions are constitutional and they are an important public safety initiative."
