By Keith Leslie (CP)
http://tinyurl.com/yck2csx
TORONTO — Ontario's controversial street racing law was upheld Thursday in a judgment that largely turned on whether the possibility of jail time for offenders makes it unconstitutional.
Jane Raham, 62, was acquitted of the stunt driving charge last fall. She was clocked going 131 kilometres an hour in an 80 km zone in April 2008 - a 51-kilometre an hour difference that saw her charged under the street racing law.
The lower court found the law unconstitutional because it can impose jail time - up to six months - even though the speeder can't defend against the charges.
On Thursday the Ontario Court of Appeal disagreed, ruling there is a defence open to drivers charged under the law.
The debate over the jail-time provision in the law had one expert questioning why the province just doesn't remove it.
It's more of a threat than an actual penalty, said Toronto criminal lawyer James Morton, who added he couldn't find any cases of someone being sent to jail for stunt driving.
"It's used so rarely that the legislation wouldn't really lose any teeth if you simply removed it."
Transportation Minister Kathleen Wynne said she was "very happy" that the Appeal Court had confirmed the law. She wouldn't say if the province would consider dropping the possible jail terms to make the law more palatable for the courts.
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