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OPP, Street Racing

When an apple is an orange

By Arthur Weinreb

Friday, June 29, 2007

In the wake of the rash of recent deaths on Ontario highways, including that of trucker David Virgoe who was described by witnesses as a hero for steering his rig away from other cars during an accident caused by alleged racers, OPP Commissioner Julian Fantino made a couple of suggestions about how to combat street racing.

On of these ideas is for the OPP to acquire aircraft to patrol the province's 400 series of highways. Despite criticism that the use of aircraft would not be cost effective, this proposal has merit. Besides, the term "cost effective" really has no meaning in McGuintyland.

By using planes, officers in the air would have a broader view of what is happening on the roads below. It would be fairly easy to spot vehicles that greatly exceed the speed of other traffic and/or are weaving in and out of lanes. The police then radio officers on the ground who can be kept informed of exactly where these drivers are until they can be apprehended. Fantino and others recently had the opportunity to observe this procedure in police planes in Ohio. The cost can be made up; Ontarians will simply have to forgo a few more logo changes.

However Fantino's second suggestion to combat street racing is troubling. He's proposing that those who drive in excess of 50 km over the posted speed limit be charged with street racing. Their vehicles can then be impounded and possibly destroyed. As Attorney General Michael Bryant said last week about street racing, "We can seize that car if we have information from police and, just on a balance of probabilities, if we can establish that that car is being used for the unlawful purpose of street racing, we will see it and you will never see it again". We will crush your car. We will crush the parts. You will never see it again." Boy, he's a real tough guy when it comes to inanimate objects. It's too bad the Crusher won't threaten to lock up baby killers and child rapists so we'll never seem them again. And now Fantino wants to use the back door to seize and destroy the cars of speeders.

There's no doubt that the legislature could define speeding as street racing. As long as parliament or a provincial or territorial legislature is acting within its jurisdiction, they have the power to declare that an apple is an orange, save and except of course when it is a banana. And they can define speeding as street racing. But all it would do is muddle what really does constitute the offence of street racing. Someone who drives 155 km on a lightly travelled Highway 401 at 7 a.m. on a Sunday morning needs to face consequences, but calling that activity street racing is absurd.

The worst thing about Fantino's suggestion is that it was made right in the middle of an election campaign, no matter how unofficial that race is. One of the political parties will be tempted to adopt it as an issue de jour in order to attempt to distinguish the undistinguishable for the electorate. Let's just hope that it's Crusher Bryant's party; as long as Dalton McGuinty is the one who promises to turn speeding into street racing, it will never happen, especially if Dalton is re-elected.

This proposal is nothing more than a way to impound and destroy the vehicles of those who speed on the province's highways. If it were to be enacted, it will only be a matter of time before 50 km over the limit becomes 40 km over and then 30 km. We live in a country where not only do governments have little respect for the private property of its citizens, but there is hardly any outrage over government policies that confiscates and destroys private property without even the necessity of obtaining a conviction.

Fantino needs to be watched and controlled. If his actions and comments on illegal aboriginal blockades and Caledonia are any indication, he has no compunction about turning Ontario into a police state.


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