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gullyfourmyle
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Section 172 The Illegal Legislation Governing Street Racing

by: gullyfourmyle on

Hi I'm new to this forum but I hope I'm bringing you all good news.


I recently wrote a book short titled ABUSE OF POWER


This book is all about how the Ontario government broke the law to enact the new street racing legislation.


To start with the denial of the right to remain innocent until proven guilty was enacted without due process under the Charter of Rights and Freedoms. How it wasn't done properly is in the language of Section 33.1 and is generally known as the Not Withstanding Clause. How it is interpreted makes a big difference.


As well, the numbers the government used were pulled out of context from Ministry of Transport Charts that due to the way they are set up are nearly meaningless.


The significance of street racing to the total accident picture is fractional. The government blew the issue way out of proportion without substantiating the numbers. In fact the numbers for 2006 and 2007 have not yet been released to the public. When they are, I will be the first to know because they will be issued to me first.


So what were the numbers that were used to justify denying our rights?


We don't know. My research covers the years 2000 to 2007. There are no street racing statistics at all. Street racing has never been significant enough to warrant a category of its own and it still isn't.


Basically, the legislature had to have enacted the law based on fictional numbers. That is fraud.


When the first cars were seized and towed under the Civil Remedies Act, that was car theft and extortion. The Civil Remedies Act was never intended to be used as it was and since it's federal legislation the province didn't have the option to change the wording.


The wording is key and essentially confirms the police did not have a legal right to impound and crush anyone's cars. The money that had to be paid by those apprehended was done by extortion.


My contention is that the Ontario government is going to have to pay all of that money back and then some to the victims of our various police forces' illegal actions.


The reason I wrote the book is so that the general public is made aware that not only is the law illegal, but in other ways it destablizes all Ontario legislation. Section 172 is a law that needs to be re-written. But it won't be re-written unless enough people understand how dangerous this legislation is and gets informed enough to go after their MPPs knowledgeably.


Elected officials don't like being harassed and they especially don't like to look like fools. If you want this law changed, the ball is entirely in your court. Your MPP is easily found on the net. I hope you are up to the challenge. If you don't like being targeted by illegal police action, this your golden opportunity to help yourself and everyone else at the same time.


Ironically, it falls to potential street racers to stand up and protect democracy. I call it poetic justice.

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Reflections
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by: Reflections on

Welcome to the site and do you have any of those numbers?????

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
gullyfourmyle
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by: gullyfourmyle on

I have all of the numbers from 2000 to 2005. Those are all that are available that are relevant. I converted them into charts that I made up to make sense of MTO's raw product. By doing that, the real truths of the situation were revealed. They are all in my book.


I've made a request of MTO to supply me with the numbers for 2006 and 2007 which when I get them will be compiled back into my charts and the updated charts will be issued to those who bought the book.


Anyone who wants a copy will have to PM me as direct selling of product is not allowed on this site or any other site of this nature.


There will be posts from people who have bought the book and read it put up as book reviews.


This book took months to write. For the entire duration, the writing was done with no income. The chances of me making a profit from it are remote. To get the book out I had to self publish it. I've done one book signing so far at Coles in Scarborough Town Centre.


I'm not sure I'll get another chance this year due to seasonal pressures in the book stores. They only use writers like me in off peak times to draw in traffic that would otherwise not come.


ABUSE OF POWER was started as a final chapter to a book I wrote about my street racing adventures in the muscle car era, mostly in the Downsview area. Some of you will have heard of Harvey's at Jane and Falstaff (Wilson Ave. area). It was likely Toronto's most prolific street racing flashpoint. I wanted to ensure that readers understood the difference between the racing done then and now.


As I got into it, I realized there was more to it than I first thought. Eventually I knew this was information the public needed to know. The media wasn't interested so the only option was the book.


As a result of the Street Racing Petition put up by Tim Chisholm more and more attention was drawn to the issue. The man did a hero's task and he isn't finished yet.


Through his efforts, Global TV took an interest and interviewed him with the idea of putting together some sort of special on the issue.


He put them onto me. So the street racing issue is going to get legs. We're hoping members from this site will join the fray and defend democracy.

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hwybear
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by: hwybear on

I understand and appreciate the frustration, mindset on some people's part about how the law was written, however, put the blame game on the correct people who put the law into place, not my fellow brothers and sisters out doing our jobs.

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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BelSlySTi
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by: BelSlySTi on

Welcome to the site :D


Even though I have nothing but disgust for this law, we can't blame the police for all the Illegal actions, sure some go way over board with the poor wording of a cash grab, think of the children law, I blame the clowns that sit in QP!

Its does make me angry that our elected politicians would pass such a Bill without any questioning whatsoever of numbers put forth in QP, and still some numbers appear to be pulled out of thin air, like you gullyfourmyle I have done research not nearly as much though and I dont see where they get these numbers to begin with that are being released to the media!

IMO I see this law being re-written and when that does happen I see the tax payers of Ontario on the hook for a boat load of cash!

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hwybear
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by: hwybear on

thanks Bel

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Reflections
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by: Reflections on

You two seem to have a warm and fuzzy going on. Does this have anything to do with the new appointment???? :?:

http://www.OHTA.ca OR http://www.OntarioTrafficAct.com
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BelSlySTi
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by: BelSlySTi on

Reflections wrote:You two seem to have a warm and fuzzy going on. Does this have anything to do with the new appointment???? :?:


The only warm and fuzzy feeling I get is when I plug my electric vest in :lol:

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by: Radar Identified on

I understand and appreciate the frustration, mindset on some people's part about how the law was written, however, put the blame game on the correct people who put the law into place, not my fellow brothers and sisters out doing our jobs.


Here's food for thought: Did anyone who is vehemently opposed to this law vote Liberal in the last provincial election? Hmm...


I'm not blaming the police for this law. Section 172 says an officer who witnesses any such act defined as stunt driving or racing "SHALL" impound the vehicle, and so on and so forth. I think that the law itself is entirely unconstitutional and will not hold up to any reasonable court challenge. I have a problem with the people who dreamed up this law and brought it to fruition. And yes, I did sign the petition to get it changed, even though I haven't gone more than 50 km/h over the limit in a long, long time and have no intent of doing it any time in the future. (How about giving police the tools they need to enforce EXISTING laws instead of dreaming up new and weird ones? What a concept!!!) The only officer I have an issue with is Julian Fantino, who heavily advocated for the "50-over" rule, although they didn't have to take his advice when they wrote all of this out.


Bear: I understand where you're coming from. I know as much as anyone that police are not entitled to personally decide which laws and statutes they will or will not enforce. That would be contrary to everything from the Police Services Act of Ontario to the Criminal Code of Canada.

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hwybear
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by: hwybear on

Gully....have not seen you here in awhile. Lat you mentioned you were going to speak to the local MPP....any news from that?


Cheers,

Bear

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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hwybear
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by: hwybear on

Thanks Bel for the update.


I don't know the process, but how can one make a consitutional challenge if they are not a charged person?

Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
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Bookm
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by: Bookm on

If your feelin' confidant.... GET CHARGED!! ;)

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Proper1
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by: Proper1 on

Bookm wrote:If your feelin' confident.... GET CHARGED!! ;)

That would be an impressive way to demonstrate your conviction (in more ways than one), but unnecessary. You're a citizen of Canada, the law applies to you, the law is an assault on you, and there's no other effective way to challenge it. Kvetching in an online forum, even as admirable a one as this, is never going to be an effective challenge to an unjust law. Wikipedia has a clear and concise article on this at http://en.wikipedia.org/wiki/Canadian_c ... tional_law

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