Justice Peter West became the second Ontario judge to rule that Ontario’s stunt driving or racing law is unconstitutional. As Justice West noted, the offence is simply one of speeding. This law provides severe penalties for any motorist in the province who is caught speeding in excess of 50 km /h over the posted limit.
In order to justify these sanctions, the offence is called racing (even though the motorist doesn’t have to be involved in a race) or stunt driving (even though what is commonly referred to as a stunt does not have to be proven). Anyone who is charged, not convicted, with the offence has his or her license suspended immediately and has their vehicle seized for a period of seven days.
The absurdity of this law reached its highest level a few months ago when an OPP officer stopped and charged an on-duty Durham Regional police officer while he was driving an unmarked police vehicle. While police officers, with the possible exception of OPP Commissioner Julian Fantino are not above the law, one of Durham Region’s police vehicles was taken out of service for a week. But having one police department seize the vehicle of another police officer is just one example of the way we do things here in Dalton McGuinty’s Ontario.
The reason that the stunt driving legislation is being struck down is that it’s a strict liability offence. No defense is permitted except that of due diligence and it is difficult to understand what due diligence can be when it comes to speeding. The Supreme Court of Canada has stated that offences that provide criminal penalties cannot deprive persons from defending themselves. The stunt driving legislation provides for a sentence of incarceration for up to six months.
Despite being struck down twice, the McGuinty government has announced that they are going ahead full speed with laying charges and prosecutions. The law, after all has to be enforced. Which brings us to Caledonia.
Since the land dispute with natives began in 2006, there have been allegations that crimes by some natives were committed while the OPP simply stood around and watched. A civil trial is now underway that was commenced by Caledonia residents David Brown, Dana Chatwell and their son. Their house happens to be on the “native side” of the dispute and Brown and Chatwell allege that they have been victimized. They are suing the province, claiming that the province and the OPP did nothing to protect them by enforcing the laws that they are bound to uphold. And the Ontario government is showing the same amount of zeal in defending itself as it is in breaching the rights on Ontarians through their stunt driving legislation. The government lawyer is arguing that Brown is exaggerating what was done to him and his family. While this is an important aspect of the family’s private suit against Ontario, the government and the OPP have made admissions that should cause concern among all Ontarians.
Crown lawyer David Felicant told the court that the facts of the case “must be understood against the backdrop of the unique character of aboriginal occupations”. In other words, the province has candidly admitted that there is in fact a two-tiered system of justice in Ontario. Natives who engage in an occupation are free to break the law. And they can commit crimes in front of the watchful eye of the Ontario Provincial Police without having to worry about any consequences. Felicant made it abundantly clear that what is often said to be the primary role of government; the protection of its citizens, does not apply to the non native residents of Caledonia.
Testimony that OPP Commissioner Julian Fantino gave at a pre-trial hearing was put into evidence. Fantino admitted that many of the offences that were committed in front of his boys and girls had absolutely nothing to do with the claim over the disputed land. Yet he seems to see nothing wrong with not enforcing the law. The top cop who approaches orgasmic levels of excitement while enforcing the province’s stunt driving law doesn’t give a damn for people like Brown and Chatwell who have been victimized with impunity in Caledonia. The province has made it clear that it is too politically incorrect to enforce criminal laws against natives as long as those natives are involved in a land dispute.
Perhaps the most disturbing thing is that most Ontarians, who don’t stunt drive or don’t live in Caledonia, couldn’t care less about the way the law is and is not enforced in Ontario. Despite the willful refusal to enforce the law to protect citizens such as Brown and Chatwell, Dalton McGuinty will not lose the next election because of it. It makes you wonder if a lot of people who wear poppies to thank veterans for fighting for their freedom actually know or care what freedom is.