Last year, following a string of tragic incidents on Ontario’s roads, the province enacted a strict new law in October to curb street racing, constituting driving 50 km/h over the speed limit as street racing. At the officer’s discretion, the new law hits speeders with vehicle impoundments, immediate license suspension and hefty fines ($10, 000 plus) without a trail. The new law proved to be a financial windfall for Ontario in its first month alone, netting at least $2 million in fines.

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The new law of course has proven controversial for its strictness and Tim Chisholm has written the polemical opinion piece “A Hard look at the ‘street racing’ law”, deriding the measures as being driven by knee-jerk reactions from provincial officials and in violation of Canada’s Charter of Rights.

Chisholm charts the development of Bill 203 from its inception as a proposal in 2006, prominently forged by Newmarket MP and former Minister of Transportation Frank Klees, with its focus on banning the use of nitrous systems on the streets. While Chisholm agreed with this aspect of the early proposal, he argues that the reliance on the officer’s discretion could wrongfully target car enthusiasts for merely modifying their vehicles.

“I had an argument over the phone with Klees in the spring of 2006 when a `safer roads’ bill was initially proposed. My argument was simple: the new law could sink a car enthusiast who is doing nothing wrong, other than simply driving his or her modified car.

It’s because the bill negatively profiles the modified car enthusiast and gives the officer full discretion, with no due process for the accused. Pretty simple, a copper having a bad day can screw a car enthusiast simply because he chooses to. When I suggested that this will happen often if 203 becomes law, Klees told me he `could live with that.’

While Bill 203 was initially shot down, the tragic deaths of Rob and Lisa Manchester of Newmarket in May 2006 brought the measures back into discussion, as the accident they were involved in was blamed on two other drivers who were accused of street racing, apparently traveling at 150 km/h in an 80 km zone.

Over the course of a year, after some more well publicized speeding fatalities, (again blamed on ‘street racing’) and public calls to action from Stephen Harper, Dalton McGuinty and OPP Commissioner Julian Fantino finally saw Bill 203 reach the forefront of public discussion.

Chisholm distances himself from heated rhetoric of these officials, and the emotional heartstrings pulled by the tragedies, to focus on the facts and political maneuverings surrounding the rising stigma of ‘street racing’.

“By June 2007, those of us in the enthusiast community were pointing out that only 0.12 per cent of traffic deaths are related to `street racing’, and `What the hell is the inspiration for these draconian proposals?’ And then whammo, Bill 203 gets royal assent. And funny, just before it received assent, the 50 km/h-over penalties were added.

In an interesting feat of timing, the boys charged in the influential accident that killed the Manchesters were due for sentencing right around the time that Bill 203’s provisions were to become official.

Then a few facts started coming out. The boys were not doing 150 km/h, but actually 112 km/h. Manchester was drunk, twice over the limit. The judge ruled that the boys were not street racing, and that Manchester’s alcohol level was a factor.

You have to wonder how Manchester’s condition was overlooked, considering his death was exploited as a result of `street racers’ for 14 months. When the fact is, had Manchester lived, he would have been facing serious DUI charges. I’m sure everyone involved will claim they didn’t know, but I will always be convinced that it was nothing more than politics at its worst.

I understand that, as of last week, more than 1,300 vehicles have been seized under the new legislation. I’m not sure how many were `street racing’ versus driving 50 km/h-over, but at $2,000 a judgment, it seems that Fantino might have just paid for that plane he wanted. And we will all be reminded how much safer our roads are now.

Chisholm goes on to argue that in rural areas, 80 km zones quickly become 50 km zones, and drivers going downhill, traveling just 10 to 20 km over the limit may find themselves 50 over the limit when they cross zones, landing in the net of a waiting police officer, anxious to drop lucrative fines on unsuspecting drivers. This, Chisholm states, goes against the Charter of Rights, as it transfers the role of the judge and jury on to said officers.

While programs like ERASE (Eliminate Racing Activities on Streets Everywhere) have been in effect to specifically target street racing, the new legislation, as Chisholm believes, expands the definition of street racing to expand police power and ultimately net lucrative sums of money for the province. Such a practice, Chisholm believes, will eventually be deemed as a violation of the law, as similar programs in the States have been stricken as being unconstitutional by state judges. It is only a matter of time before more Ontarians contest Bill 203.

At Legal Action, we strongly advocate responsible road safety and fair public policies. We also understand that our public officials, while possessing good intentions, may ultimately be targeting the wrong individuals, potentially placing unfair financial burdens on good and safe drivers.

Get the facts and know your rights with Legal Action’s Blog. We promise to keep you up-to-date on all the debates and developments surrounding Ontario’s traffic laws and how they effect your time on the road. Drive Safe.