Justice Peter West's careful decision in R v Drutz basically upholds the Raham decision and says the stunt driving through speed offence is unconstitutional.
If anything the decision is more careful than Raham. It will be hard to overturn on appeal.
Drutz is not available online but I have a scan I can email to whoever asks.
James Morton 1100-5255 Yonge Street Toronto, Ontario M2N 6P4
3 comments:
Is it a long decision? I'd sure like to see it. jamesbowie1983 at hotmail dot com.
Is it because the absence of any subjective test of mens rea is a violation of funadmental justice, as in Vaillancourt? Just a guess.
This is great news, on top of the Raham decision, and thank you for sharing it.
To make it easier on Mr. Morton, the case has since been reported and is available at: http://www.canlii.org/en/on/oncj/doc/2009/2009oncj537/2009oncj537.html
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