Speed Limiter Law Up Held in Appeals Court
Ontario Court of Justice Rules Upholds Speed Limiter Rule
(May 16, 2014) – In a ruling yesterday, an Ontario Court of Justice reversed an earlier Justice of the Peace decision which stated Ontario’s speed limiter mandate was unconstitutional.
In June of 2012, a Justice of the Peace in Welland, Ont. found the province’s speed limiter law in section 68.1 of the Highway Traffic Act was unconstitutional and a violation of the right to “security of the person” in section 7 of the Charter of Rights and Freedoms.
The Crown appealed that decision and yesterday Justice Harris Ontario Court of Justice ruled that the Justice of the Peace erred in concluding that there was a breach of the right of security.
In addition, Justice Harris ruled that the decision to enact the 105 km/h speed limiter requirement was not “arbitrary”. Instead, Harris agreed that it was done by the government to achieve a reduction in truck emissions as well as increased road safety by reducing trucks speeds, finding the government’s expert evidence on the safety benefits of speed limiters to be quite clear.
He further indicated that the Legislature’s approach was a “common sense” one, was in line with legislation in other countries, and was supported by many safety organizations.
There is no right of appeal from the decision of the Judge, but a party can seek leave to appeal to the Ontario Court of Appeal by filing a motion within 30 days of the decision.
Marco Beghetto | VP of Communications & New Media,
Ontario Trucking Association/Canadian Trucking Alliance
Phone: 416-249-7401 | Fax: 1-866-713-4188