Petition to Revise Ontario Street Racing Legislation

Note: sorry if this is old news, but I did a search and couldn’t find any mention of this…

http://www.petitiononline.com/civil013/petition.html

To: Ontario Government
Petition to Revise Ontario Street Racing Legislation

The purpose of this petition is to demonstrate to the Ontario Government the opinion of Ontario citizens who feel that penalties in the recently implemented “street racing” legislation are unacceptable and must be changed.

Most notably, we feel that the 7-day car seizure and licence suspension penalty levied roadside by a Police Officer, with no recourse for the accused regardless of the Judge’s court ruling is unacceptable as it violates our Charter Right to Due Process.

  1. Any person charged with an offence has the right
    d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

It is that simple. We have the right to our day in court. We are presumed innocent until proven guilty, and therefore, upfront penalties implemented with no recourse for the accused violates that right.

The penalties are described in the HTA section 172, but the legislation is more popularly know as “street racing” legislation, or “Bill 203” (the bill in which the legislation was proposed).

Police to require surrender of licence, detention of vehicle

(5) Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1), the officer shall,

(a) request that the person surrender his or her driver’s licence; and

(b) detain the motor vehicle that was being driven by the person until it is impounded under clause (7) (b). 2007, c. 13, s. 21.

Administrative seven-day vehicle impoundment

(7) Upon a motor vehicle being detained under clause (5) (b), the motor vehicle shall, at the cost of and risk to its owner,

(a) be removed to an impound facility as directed by a police officer; and

(b) be impounded for seven days from the time it was detained under clause (5) (b). 2007, c. 13, s. 21.

Elected officials have changed Highway Traffic Act laws and have effectively minimized our Civil Rights. Although the intent is for the greater good of all citizens, this law punishes people at the side of the road without having been found guilty of an offence in a court of law. This is a trend that must be stopped.

The driving behavior described for penalty in HTA 172 are not Criminal Code of Canada (CCC) offences, they are alleged Provincial Highway Traffic Act infractions. Under CCC allegations (with the exception of alcohol driving related offences where the licence automatically suspended for 90 days) the courts decide the punishment for the accused after a conviction has been registered. Under HTA 172, your car is impounded and your licence suspended for 7 days. No court, no trial, no judge. No due process in any way for an alleged Highway Traffic Act infraction!

Essentially, the citizens of this Province have more rights when being accused of a criminal offence versus a far less severe Highway Traffic Act infraction. This is unacceptable.

The 7-day vehicle seizure and licence suspension has been positioned by our elected officials in a variety of descriptions as this law was initially implemented as a means to stop “street racing”, but continues to punish thousands of citizens who were not convicted of behaving in this manner.

The initial justification of the seizure and suspension was deemed a “safety” concern. However, now with over 7 months passed since the law has been enforced, and the nearly 5000 charged, the seizure and suspension is now justified as a “deterrence”.

Further, when someone charged under this offence is found not guilty, they have already had their licence suspended and vehicle impounded. They will have had a record of suspension registered with the Ministry of Transportation. Loss of transportation, towing and impound fees, court costs, and higher insurance rates. All this, and yet they have been convicted of nothing!

Laws are in place to deter bad and illegal behavior. Rights are in place to insure that no citizen is wrongly penalized. This is not happening with this new “street racing” legislation. The 7-day seizure and licence suspension levied at the roadside by a Police Officer under HTA 172, previous to being found guilty of any offence, clearly crosses the line of ‘good intentions’.

HTA 172 needs to be revised to remove this upfront penalty and restore the Civil Right to Due Process to the citizens of the Province of Ontario. The current law is unacceptable and should be of great concern to all citizens of this Province and this Country.

Sincerely,

The Undersigned

http://www.petitiononline.com/civil013/petition.html

I won’t sign, but the next dump I take, will be taken in protest of HTA172. I’m sure it’ll be just as effective, if not more so, than an online petition. If you want to actually make a difference, it has to be a more traditional medium, such as mailing letters, phone calls, speaking to your MP, etc.

no harm in signing so why not do it? It might not make a difference but if it does the more people that sign the better.

Lets protest!!! block up traffic down town, get our voices heard through the media.

Its all bullshit!!! Fantino is useing street racing as a mean to buy the plans he wanted.

They change the law from speeding to street racing!!! How the hell can you call one car going over the speed limit 50km over street racing? That is speeding or dangerous driving. Know if a cop catch 2cars racing ( competing with each other) fine impound the car, but for the cop to say I think you were or about to street races and impund your car and take your liscences away, is wrong.

And the worst thing is if you are found innoscent in the court of law you are still fuck!!! Suspended liscences on your record and all the money you had to spend getting your car out off the pound and renewing your liscences.

it needs to be presented properly i believe. I’m more interested to see the results of many cases because im sure a few wealthy or legally minded people have been charged with street racing and im sure they got them selves out of it.

A couple of well connected friends of mine have gotten out of some serious traffic violations (like one of them doing a burnout through an intersection without realizing he was in full view of a cop) without even being charged. Now mind you, that was before the new street racing laws were introduced. I don’t know what would happen now…

Nigel

Lose his car and license for a week, pay the $2k, pay the impound fees and then get to explain himself in court and, if somehow gets off, try and get his money back, and get the suspended license taken off his record (good luck). In other words, he’d be f*cked. I hate how much power cops on the side of the road have now with this new legislation. I thought we were supposed to be innocent until proven guilty… I guess just not for enthusiasts; only pedophiles, rapists, murderers, etc.

ive said it in other threads, this is a violation of the Canadian Charter of Rights and Freedoms.

http://www.citynews.ca/news/news_22702.aspx Haha, take that. Payback is a bitch!!!

This sure doesn’t help though…

http://www.citynews.ca/news/news_22687.aspx

^^^ That does suck, a lot… RIP to those involved and my condolences.
BUT, there is a huge difference in that event and someone doing 150 on the 401. Have I done it (speeding on 401), yeah, and probably most of you as well. Why should some jack hole cop be able to take my car away without due process just because he thinks I may want to possibly sometime or other accelerate quickly or change lanes, not even just speeding. No thanks, I don’t live in Russia or some country that ends in -stan, I’m a Canadian and we have rights.

I just did a quick search and found that there were 799 fatalities on Ontario roads in 2004 (haven’t found any thing more up to date yet). There have been 42 “Street Racing” deaths in Ontario since 1999. Let’s just say that’s a 7 year period, and assuming the overall fatality rate per year averages 800, That means that “Street Racing” is responsible for less than 1% of all fatalities/year. Yet we’ve faced with these draconian driving laws (and don’t forget, it’s not just about going 50kph over the limit. There are multiple aspects to these laws)! Then some clown comes along and says it’s worth it if it saves just one life. Well, I know how you can save 800 lives… limit the speed of all vehicles to just 30kph. Surely it must be worth it?

Yea I saw it on the news, but he was not racing, they said alchol was a factor.

I know, they are acting like street racing is a big problem in Ontario. I say there are more speeders than street racers!!!

I wouldn’t be surprised if they tried to find some way to twist it into a “Street Racing” incident… :rolleyes:

Nigel

Why is russia so bad apparently

because the cops can do whatever the fuck they want

last time i was there was in 2004 and it was the other way around, if a cop stops you for speeding or whatever you can just bribe him with some little cash and he’s off your ass, probably still is like that

do like the truckers did for a gas strike. get a shit load of people and cars and ride on the highway have banners etc. only way people will listen. people let the gov push them around thats why they do what they want cause no one does anything.

no cash=ticket

therefore they can do whatever they want, including beat you down for no apparent reason without any real repercussions.

lol trust you me will have enough and no they wont beat you up trust me they will just let you go because while they waste their time on you they can just stop somone else and get their money.