# Stunt Driving Law Deemed Unconstitutional.

**URL:** <https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766>\
**Category:** SON240sx Automotive\
**Created:** [September 4, 2009, 11:26am UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766 "2009-09-04T11:26:48Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![DudebuD](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@DudebuD](https://forums.speedlife.net/u/DudebuD)\
**Post date:** [September 4, 2009, 11:26am UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/1 "2009-09-04T11:26:48Z")

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That was the ruling today, this also includes the speeding charge which falls under this law. The province is expected to appeal. Ill post a link when one is available.

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**Author:** ![jugahdor](https://avatars.discourse-cdn.com/v4/letter/j/67e7ee/32.png) [@jugahdor](https://forums.speedlife.net/u/jugahdor)\
**Post date:** [September 4, 2009, 11:39am UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/2 "2009-09-04T11:39:29Z")

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does this have anything to do with that guy who hit a guy on a bike?

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**Author:** ![DudebuD](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@DudebuD](https://forums.speedlife.net/u/DudebuD)\
**Post date:** [September 4, 2009, 11:52am UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/3 "2009-09-04T11:52:17Z")

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where the hell did you get that idea from?

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**Author:** ![DTS](https://avatars.discourse-cdn.com/v4/letter/d/8491ac/32.png) [@DTS](https://forums.speedlife.net/u/DTS)\
**Post date:** [September 4, 2009, 11:59am UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/4 "2009-09-04T11:59:02Z")

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More info?

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**Author:** ![240sx\_nismo](https://avatars.discourse-cdn.com/v4/letter/2/3da27b/32.png) [@240sx\_nismo](https://forums.speedlife.net/u/240sx_nismo)\
**Post date:** [September 4, 2009, 12:04pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/5 "2009-09-04T12:04:33Z")

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i think so he is the pice of shit that tried to ban all mods on cars and if your found with mods in your car even a air intake they said it like this we will crush your car and crush your parts beacuse if you have these parts then that means your a street racer, this fuck doen’t even think that maby these cars go to the track and not on the streets? oh well hell be getting it up the ass now for 5-8 years

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**Author:** ![spd-dmn](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/spd-dmn/32/5513_2.png) [@spd-dmn](https://forums.speedlife.net/u/spd-dmn)\
**Post date:** [September 4, 2009, 12:22pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/6 "2009-09-04T12:22:53Z")

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link. sources. right now.

or ban

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**Author:** ![Singh](https://avatars.discourse-cdn.com/v4/letter/s/43a26b/32.png) [@Singh](https://forums.speedlife.net/u/Singh)\
**Post date:** [September 4, 2009, 12:25pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/7 "2009-09-04T12:25:11Z")

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This thread needs sources.

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**Author:** ![DudebuD](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@DudebuD](https://forums.speedlife.net/u/DudebuD)\
**Post date:** [September 4, 2009, 12:30pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/8 "2009-09-04T12:30:39Z")

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there are no sources yet, it just happened earlier this afternoon.  
My only source right now is somebody who works in law and is following the case. when i get a news source ill post it.

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**Author:** ![DudebuD](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@DudebuD](https://forums.speedlife.net/u/DudebuD)\
**Post date:** [September 4, 2009, 12:33pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/9 "2009-09-04T12:33:24Z")

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The basis for the argument is this…

Simply put, speeding has always been considered an “absolute liability” offence. Once a person is clocked over the limit, there is basically no possible defence (unless he can prove the radar gun was defective). As a trade-off for such swift justice, the Charter guarantees that anyone who commits an absolute liability offence—i.e., he has no fighting chance to defend himself—can’t be locked away. Yet now, thanks to the new stunt-driving legislation, a form of speeding is suddenly punishable with prison. “It is unconstitutional,” says Brian Starkman, a lawyer who specializes in street-racing cases. “You can’t have an absolute liability offence co-exist with the potential for jail. That is settled in law.”

Like i said, when a news agency reports it ill post it, until then just be patient.

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**Author:** ![240xcsv](https://avatars.discourse-cdn.com/v4/letter/2/bbe5ce/32.png) [@240xcsv](https://forums.speedlife.net/u/240xcsv)\
**Post date:** [September 4, 2009, 1:22pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/10 "2009-09-04T13:22:35Z")

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BUUURn government BUUURN (if this is true)

btw it looks like the popos are out hunting left and right. I was for the first time ever followed by a cop today (wtf?) i shit my pants for no reason but still what an ass, but he didnt pull me over, he was following me ON MY ASS for like miles and miles expecting me to do something.

They want to instill FEAR into people, into sports car owners, etc…

On my way to work he pulled someone else over though (he sped away from me and not too far distnace he pulled some peeps over)

On the way home I saw like 2-3 sports cars (seperate incidents) all pulled over and hauling trucks.

@(\*#@ Money raping homos. Death to this retarded homo law.

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**Author:** ![DTS](https://avatars.discourse-cdn.com/v4/letter/d/8491ac/32.png) [@DTS](https://forums.speedlife.net/u/DTS)\
**Post date:** [September 4, 2009, 2:06pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/11 "2009-09-04T14:06:32Z")

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Man, you are retarded.

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**Author:** ![spd-dmn](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/spd-dmn/32/5513_2.png) [@spd-dmn](https://forums.speedlife.net/u/spd-dmn)\
**Post date:** [September 4, 2009, 2:11pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/12 "2009-09-04T14:11:28Z")

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> [@FS: Vortech S-Trim 87-93 Mustang](https://forums.speedlife.net/t/fs-vortech-s-trim-87-93-mustang/11343/16):
>
> The basis for the argument is this…
> 
> Simply put, speeding has always been considered an “absolute liability” offence. Once a person is clocked over the limit, there is basically no possible defence (unless he can prove the radar gun was defective). As a trade-off for such swift justice, the Charter guarantees that anyone who commits an absolute liability offence—i.e., he has no fighting chance to defend himself—can’t be locked away. Yet now, thanks to the new stunt-driving legislation, a form of speeding is suddenly punishable with prison. “It is unconstitutional,” says Brian Starkman, a lawyer who specializes in street-racing cases. “You can’t have an absolute liability offence co-exist with the potential for jail. That is settled in law.”
> 
> Like i said, when a news agency reports it ill post it, until then just be patient.

heard this argument already a while ago. thats ONE angle of attack on the current law and it’s an interesting one…

it definitely violates rules of criminal legal procedure… but what charter right is being infringed according to the argument?

do you have any more to go on than this, as far as this recent development?

eg who deemed it unconstitutional… what was the case? which court? etc etc etc

any chance you can put me in touch with your law working/case following friend? 🙂

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**Author:** ![RR32GTRR](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@RR32GTRR](https://forums.speedlife.net/u/RR32GTRR)\
**Post date:** [September 4, 2009, 2:23pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/13 "2009-09-04T14:23:15Z")

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> [@wtb: blazer rim.](https://forums.speedlife.net/t/wtb-blazer-rim/23835/2):
>
> there are no sources yet, it just happened earlier this afternoon.  
> **_My only source right now is somebody who works in law and is following the case_**. when i get a news source ill post it.

Great source.

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**Author:** ![tosh](https://avatars.discourse-cdn.com/v4/letter/t/58956e/32.png) [@tosh](https://forums.speedlife.net/u/tosh)\
**Post date:** [September 4, 2009, 2:41pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/14 "2009-09-04T14:41:52Z")

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so basically this is all hear say. i will be patient and wait for confirmation on this one.

peace

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**Author:** ![XenoVibe](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/xenovibe/32/5739_2.png) [@XenoVibe](https://forums.speedlife.net/u/XenoVibe)\
**Post date:** [September 4, 2009, 2:48pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/15 "2009-09-04T14:48:41Z")

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I’ve so many issues with this crap. I dont know where to start  
“30 km/h over speed limit = Street Racing” I can honestly accept that.

…Classifying anyone who mods their vehicle as a street racer or menace to the public? Thats just over the line.

I mean we don’t stereotype every politician as corrupt even though we can clearly see alot of them are full of shit.

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**Author:** ![Solarian](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/solarian/32/5514_2.png) [@Solarian](https://forums.speedlife.net/u/Solarian)\
**Post date:** [September 4, 2009, 3:07pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/16 "2009-09-04T15:07:06Z")

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> [@Newman's 1986 BMW 326rb build thread.](https://forums.speedlife.net/t/newmans-1986-bmw-326rb-build-thread/22123/393):
>
> BUUURn government BUUURN (if this is true)
> 
> btw it looks like the popos are out hunting left and right. I was for the first time ever followed by a cop today (wtf?) i shit my pants for no reason but still what an ass, but he didnt pull me over, he was following me ON MY ASS for like miles and miles expecting me to do something.
> 
> **They want to instill FEAR into people, into sports car owners, etc…**
> 
> On my way to work he pulled someone else over though (he sped away from me and not too far distnace he pulled some peeps over)
> 
> On the way home I saw like 2-3 sports cars (seperate incidents) all pulled over and hauling trucks.
> 
> @(\*#@ Money raping homos. Death to this retarded homo law.

Well, I guess you’re safe then 🙂

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**Author:** ![kapetajr](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/kapetajr/32/5445_2.png) [@kapetajr](https://forums.speedlife.net/u/kapetajr)\
**Post date:** [September 4, 2009, 3:23pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/17 "2009-09-04T15:23:43Z")

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> [@I have mice](https://forums.speedlife.net/t/i-have-mice/23830/31):
>
> Well, I guess you’re safe then 🙂

as nitescream would say, WHOMP! WHOMP!!, P.S I have no idea what that means just seemed to fit the moment

Need more information on this, waiting for official announcement or something.

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**Author:** ![DudebuD](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@DudebuD](https://forums.speedlife.net/u/DudebuD)\
**Post date:** [September 4, 2009, 3:40pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/18 "2009-09-04T15:40:30Z")

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> [@C6 ZO6 dyno](https://forums.speedlife.net/t/c6-zo6-dyno/23824/7):
>
> so basically this is all hear say. i will be patient and wait for confirmation on this one.
> 
> peace

no its not hearsay.  
thats the ruling.

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<div class="post-metadata">

**Author:** ![DudebuD](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@DudebuD](https://forums.speedlife.net/u/DudebuD)\
**Post date:** [September 4, 2009, 3:50pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/19 "2009-09-04T15:50:10Z")

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> [@FS: 4 Goodyea Easgle RS (16") (Audi Rims)](https://forums.speedlife.net/t/fs-4-goodyea-easgle-rs-16-audi-rims/23440/8):
>
> heard this argument already a while ago. thats ONE angle of attack on the current law and it’s an interesting one…
> 
> it definitely violates rules of criminal legal procedure… but what charter right is being infringed according to the argument?
> 
> do you have any more to go on than this, as far as this recent development?
> 
> eg who deemed it unconstitutional… what was the case? which court? etc etc etc
> 
> any chance you can put me in touch with your law working/case following friend? 🙂

Those are the main points being argued. R.V. Raham was the judge who made this ruling according to my source. Ill let you all know when i get more details, she isnt online right now.

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<div class="post-metadata">

**Author:** ![DudebuD](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@DudebuD](https://forums.speedlife.net/u/DudebuD)\
**Post date:** [September 4, 2009, 8:46pm UTC](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766/20 "2009-09-04T20:46:03Z")

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more info…

“They will still charge you under section 128. Where you get a summons to appear in court, possibility of a 30dy suspension upon conviction plus a fine of $9.75 for every km over the limit plus costs of course but at least you get to keep your car at the side of the road.”

"  
I’m sure we will hear the response from the Attorney General’s office very soon and if they intend to Appeal to the Supreme Court. I’m pretty sure they will but I have faith in the lawyer handling this argument. Not sure if police will be laying these charges this weekend in relation to speeding. Not sure if they all got the news from up above.

Most JP’s had already reserved their decision on cases being heard pending the outcome of this hearing and some said they would dismiss charges if the decision was deemed unconstitutional."

[Next page](https://forums.speedlife.net/t/stunt-driving-law-deemed-unconstitutional/127766.md?page=2)
