Thank you for your letter “A lot of offensive comments!”
about my post regarding the street racing legislation Section 172 that is itself an illegal act put in place by illegal means.
To answer your first point: “no cars are crushed.”
Yes they were. On June 15, 2006, two cars were crushed. The threat of cars being crushed and/or sold at auction has never been rescinded. The illegal threat still exists. Here is the link:
The cars were seized under the Civil Remedies Act and the police did not comply with the terms or intent of the act when they did it. The conditions did not meet the standard of probability even if the subsequent amendments made by the province in 2007 were applied in retrospect (which isn’t legal either) so those cops allegedly committed multiple felonies and since they “should have known” they are if I am correct liable to personal criminal prosecution on that basis for car theft and extortion. I’m not going to cite the legislation here as it is covered in my book.
To answer your second point: “Police actions are NOT illegal.”
Yes they are. Just because you are required to enforce what the Ontario government has publicly stated is the law does not in fact make it law if the process to enact the law was flawed or arrived at by a criminal act. In this case both conditions were met.
My research and study indicates the government committed Criminal Code offences to amend Section 172. As such it is the duty of Ontario’s police forces to do the same research I did in an impartial manner. Should my findings be found accurate, then the police should apprehend the perpetrators and charge them under the appropriate sections of the Criminal Code. Being Civil Servants in this case does not protect them from criminal prosecution since the law states that they are required to know the difference between legal and illegal. It does protect them when they are doing their jobs according to their job definitions. But this is superseded by the fact that they “should have known” they were breaking the law. There is no legal excuse for what the Ontario government has done to Ontario citizens and the unprecedented damage the amendment to section 172 of the Highway Traffic Act has done to democracy in this province.
In addition the street racing legislation appears to entrench in law a process whereby certain individuals can be unfairly targeted by police and illegally persecuted. Those people would include young people who have done nothing wrong but are targeted as potential street racing offenders, persons driving cars that look like or are built to race but are not engaged in an illegal activity and members of an ethnic minority. The street racing legislation is a perfect environment for racial discrimination to flourish with no possibility of the offending officer(s) being apprehended.
These offenses by police are already happening.
This law is also a crime committed against the police community. As a police officer, you represent the government and thus the law. In nearly all cases, the public genuinely appreciates the selfless service and heroism police exhibit every day in order to ensure public safety and stability. However, when a law is enacted that clearly and unjustly targets the public by deceptive means or outright fraudulent application it puts the police at personal, physical risk. It’s the police who bear over ninety percent of the anger. Unjust or targeting members of the community creates a needless and avoidable wedge between the police and communities that lasts generations and causes untold grief on both sides.
Putting the police at personal risk unnecessarily is a big deal for the police who have to administer the law and face the pushback from the public. The long term repercussions – the escalation of animosity between the public and the police is a growing problem all over the world. The Jane/Finch corridor is a classic example of that escalation. It was a perfectly law-abiding community that has been engineered by governmental infrastructural and legal bungling into a crime infested neighbourhood that is nationally famous as such. That same bungled blueprint is being applied to the future growth of the entire GTA right now. The official policy is known as Smart Growth. As a life long student and “expert” in this field I can tell you the future GTA will be a policing nightmare without question. So you have to understand that relations between the police and the public need to be handled with extreme care to minimize risk. All of our futures hang in the balance.
Your third point: “Who forces these people to step on the accelerator…”
is an excellent one. But the real point is that stepping on a gas pedal and the resulting speed is in fact speeding, not racing regardless of legislative literary license and flights of fantasy. It may also be aggressive driving or even belligerent driving but a bad attitude does not make misrepresenting the activity racing.
For the government to change the meaning of the commonly understood word "racing"
to mean something entirely different was a form of entrapment that is also illegal if it was intended to serve a purpose other than the stated purpose. The stated purpose was to catch street racers not the general public who may be guilty of a moving violation already covered under the Highway Traffic Act. A year’s worth of the law in action has shown that the law has failed to catch the people it was designed to catch. It has caught by fraudulent means thousands of people it was not officially intended to catch.
What makes this such a big deal is that a guaranteed right was denied on the basis of catching street racers. It was not set aside to catch speeders.
In addition, thanks to a couple of high profile accidents, the incidence of street racing related accidents has been grossly exaggerated using cherry picked numbers that don't reference known fact. The media is partly to blame for this because even a cursory examination of street racing statistics reveals that street racing accidents are an exceedingly rare phenomenon that don't even warrant a category in the historic charts compiled by the Ministry of Transport. In fact those charts reveal just how deceitful the police have been when advising the public about what causes most accidents and it ain't speeding.
A high standard has to be met in order to deny a guaranteed right and there is a process in place to do it. The legislators ignored both the standard and the process.
The current Ontario government has done more to discredit and harm Canadian democracy with the street racing legislation than any other single thing since Canada’s legislative birth.
The use of the word stunt in the legislation was laughable and is a literary demonstration of how linguistically challenged our legislators really are as well as having little or no practical knowledge about the subject they were trying to legislate. As a result we now have legal clauses in the act that are so vague and so purposeless in terms of public safety that they (the stunting clauses) are a public nuisance and a diversion that takes away from the intent of the street racing legislation. This is legislation by incompetent buffoons.
All of this is covered under Section 22 of the Criminal Code:
Other offences — organizations
In respect of an offence that requires the prosecution to prove fault — other than negligence — an organization is a party to the offence if, with the intent at least in part to benefit the organization, one of its senior officers
acting within the scope of their authority, is a party to the offence;
Benefit to the organization is demonstrated by the layering of parts of the street racing legislation which was already dealt with by other sections within the Highway Traffic Act that were not set aside and by federal street racing legislation within the Criminal Code of Canada. As such the best part of the new amendment to Section 172 of the HTA is perceived by the public and actually is nothing more than a naked cash grab that discriminates against low income earners. The manner of the discrimination is embodied in the fact that once a police action is started, even if the person is found innocent, no restitution is made by the government. That is theft; plain and simple. This is the law. The government itself is not above the law:
Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
Another part of your third point: “These driving actions are way Way WAY out of the norm from the average person going to the grocery store or to work”
I hate to tell you this Hwybear, but most of the people caught so far were these people you are referring to as normal. They weren’t street racers and they are normal. Certainly extreme wackos were caught. But most were not wackos. Ontario is not home to over 11,000 street racers. If it were, then there would be a category for them in ORSAR. There is no category because street racing has never been a big enough deal for there ever to have been one.
The big deal is driver distraction. Police rarely talk about that. Legislators aren’t talking about it either. Yet the Insurance Bureau of Canada is talking about it and trying to get police and legislators to wake up and pay attention to the real cause of accidents. Speed is not the real cause of accidents despite the internationally famous policing religious addiction to the concept. This is another way the police lose credibility – applying a law to serve a purpose whose purpose is not served by that law. It’s another form of fraud that most of the public and the insurance people see through.
Your last point: “put the blame game on the correct people who put the law into place”.
I believe I’ve put the blame where the blame belongs throughout text of this post. Yes indeed, the legislators are at fault and have in fact committed criminal code crimes for which they should be punished. While you may think my reasoning is a bit of a stretch, so far there is no lawyer or paralegal I’ve discussed this legislation with who differs from my assessment.
Of course what you’ve read here in no way equates to reading my book. To get the full, rounded and delicious flavour of just how badly conceived and written this law is you need to read ABUSE OF POWER.
To make matters more complicated, since the law is indeed illegal, the Ontario government should have to pay back all of the money with interest to the people charged under this fraudulent law regardless of whether they were convicted or not.
TWO OR MORE WRONGS DON’T MAKE A RIGHT...