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Written By
Gary Parker
www.savemylicense.ca
Licensed Paralegal

TORONTO - Speeding offences in Ontario have now been divided into two categories as a result of a decision by the province's highest court.

The Ontario Court of Appeal made the distinction between speeding and "aggravated speeding" as it upheld the controversial stunt driving law that carries fines of at least $2,000 and penalties of up to six months in jail for driving more than 50 kilometres over the speed limit.

Drivers convicted of speeding up to 49 kilometres over the limit are subject only to fines and possible licence suspension.

The three-judge panel stated there "was nothing illogical" with treating "speeding simpliciter" and "aggravated speeding" differently under the stunt driving legislation. The Court of Appeal accepted arguments made by the Ontario government that speeding involves a "wide variety" of circumstances and some are "significantly more dangerous" to the public.

The ruling issued yesterday also ordered a new trial for Jane Raham, the 62-year-old grandmother acquitted last fall of stunt driving for driving 131 kilometres per hour when passing a tractor-trailer in an 80-kilometre-per-hour zone. She was unavailable for comment yesterday.

The 3-0 ruling was welcomed by Ontario Provincial Police Commissioner Julian Fantino. "We are gratified," he said. "The legislation has formed an important part of our traffic safety strategy."

The commissioner described "high-end" speeding as a form of racing. "It is a race against time," he said.

The OPP have charged more than 12,000 people with stunt driving offences since the provincial legislation took effect in 2007. Most of those cases have been related to speeding and not other illegal activities under the law, such as street racing or "wheelies" by motorcyclists.

Fatalities on roads patrolled by the OPP have decreased by more than 30% since 2007, and Commissioner Fantino cited enforcement of the stunt driving law as a key reason.

The Court of Appeal decision overturned a lower court ruling that said the stunt driving law was unconstitutional, because one could be convicted simply for speeding more than 50 kilometres over the limit. There was no requirement to prove the driving was part of a race or stunt.

The courts have previously interpreted speeding as an "absolute liability" offence, which means someone charged is not allowed to present a defence. The Supreme Court of Canada has ruled an offence cannot include potential jail time as a punishment when there is no right to a defence.

In its decision, the Ontario Court of Appeal stated that aggravated speeding or stunt driving charges must be treated differently from regular speeding.

A defendant charged with stunt driving will be permitted to present a "due diligence" defence to show that reasonable steps were taken to speed by less than 50 kilometres per hour.

"I see nothing illogical in treating one as a strict liability offence and the other as an absolute liability offence," wrote Justice David Doherty, with Justices Robert Blair and Kathryn Feldman concurring.

Judge Doherty provided a number of examples where someone speeding might be acquitted of a stunt driving charge, such as pulling out into a passing lane for a few seconds or if the speedometer was malfunctioning. An acquittal on stunt driving charges would still likely result in a conviction for speeding, the court said.