OPP

Police Services Launch Project ERASE to Target Dangerous Drivers

Written on Behalf of Affleck & Barrison LLP

On May 10, 2019, Durham Regional Police, OPP and police services across Ontario launched their annual campaign “Project E.R.A.S.E.” to eliminate street racing from our roadways. 

The operation utilizes police in the air and on the ground to stop dangerous driving that endangers the safety of the participants, spectators and other innocent vehicles on the streets.

WHAT IS PROJECT ERASE?

ERASE stands for “Eliminate Racing Activity on Streets Everywhere”.  This campaign started in 1996 and includes 22 police services (some of which include York, Durham, Peel, Halton, South Simcoe, Barrie, Waterloo and Toronto), the Ministry of the Environment and the Ministry of Transportation.  These police forces work together and provide resources such as planes, helicopters, unmarked vehicles and specially trained officers aimed at cracking down on street racing, stunt and aggressive driving in Ontario.

High speeds on our roadways is extremely dangerous.  Driving in this manner makes it difficult to stop safely if there is an emergency, if a car pulls out in front of the driver, or if a child runs into the roadway. 

Excessive speed was directly related to 10,000 motor vehicle collisions on OPP-patrolled roads last year alone.  In 2018, OPP laid a total of 5770 street racing charges.   According to the OPP, there have been more than 750 stunt driving charges laid in the Greater Toronto Area this year.

York Regional Police Insp. Ed Villamere stated:

Our mission is to change aggressive driving behaviour through education, awareness and strict enforcement of both the Highway Traffic Act and the Criminal Code of Canada. … If you are hooked on street racing, rest assured you will be hooked up in handcuffs, your car will be hooked up and impounded, and your driver’s licence will be suspended.

WHAT IS STREET RACING AND STUNT DRIVING?

Street racing is illegal and is defined under the Ontario Highway Traffic Act (section 172(1)):

No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.

A regulation entitled “Races, Contests and Stunts” found in the Highway Traffic Act provides a list of behaviours that can encompass “stunt driving”.  Such behaviours that violate the law may include:

  • Exceeding the speed limit by 50 km/h or more;
  • Causing a vehicle to spin or circle;
  • Causing one or more wheels of a vehicle to leave the ground;
  • Driving without due care or attention;
  • Preventing another vehicle from passing;
  • Two or more vehicles driving side-by-side where at least one of the vehicles occupies a lane intended for oncoming traffic;
  • High speeds decreasing a driver’s ability to react to pedestrians and other motorists;
  • Loss of control of a vehicle because of speed or unsafe maneuvers;
  • Rollover hazards.

Unlike a typical speeding ticket, if you are charged with street racing or stunt driving, you will be subject to a 7 day administrative driving suspension, a 7 day vehicle impound and impound fees. 

If you are convicted of these offences, pursuant to section 172(2) of the Highway Traffic Act, there are even more severe penalties, which may include:

  • A fine ranging from $2,000 to $10,000; and/or
  • Imprisonment for a term of not more than six months; and
  • A driving suspension, which can last up to 10 years in some cases.

The consequences of street racing and stunt driving become even more serious if charges of careless driving or careless driving causing bodily harm or death are involved. 

If a driver is convicted of careless driving, he/she will face a fine of up to $2,000, six demerit points, and/or a jail term of six months, and a licence suspension of up to two years.

If a driver is convicted of careless driving causing bodily harm or death, he/she will face a fine of no less than $2,000 to the maximum of $50,000, six demerit points, and/or imprisonment up to two years, and a licence suspension of up to five years.

STREET RACES AND SOCIAL MEDIA

Some drivers communicate and coordinate illegal activities, such as street racing, through social media. 

OPP Supt. Tony Cristilli advises:

They run so-called qualifying races in municipalities around the GTA and often hold final races on our 400 series highways patrolled by the OPP.  Take it to the race track where it belongs.

Police are encouraging the public to report any information regarding street racing activity or videos found on social media of street racing or dangerous driving behaviours in Ontario.

According to OPP Supt. Tony Cristilli:

There are different forms of communication these days and social media is definitely one platform that’s used to communicate these activities.  Obviously that reaches a broad spectrum of people that are out there that’s on social media who could easily advise the police.

If you are facing a street racing or stunt driving charge or any another driving offence, please call the experienced criminal lawyers at Affleck & Barrison LLP at 905-404-1947 or contact us online.  We offer a free consultation, and are available 24 hours a day, seven days a week.

Police Misconduct: Who Watches the Watchmen?

Written on Behalf of Affleck & Barrison LLP

In The Simpsons episode, “Homer the Vigilante”, Lisa asks Homer, “If you’re the police, who will police the police?” Homer replies, “I don’t know. Coast guard?” Police officer misconduct has received considerable media attention of late. Another instance of police misconduct was covered in an earlier post on this blog.

In September of this year, the Toronto Star published a four-part series covering an investigation it had conducted into officer misconduct in the Ontario Provincial Police and the police services in the Greater Toronto Area – Toronto, Peel, York, Halton and Durham. The investigation found that police officers have been using their positions and the powers that accompany them for personal gain. In the past 5 years, according to police files, almost 350 officers in the Greater Toronto Area have been disciplined for ‘serious’ misconduct. Over 60 officers from the OPP and from the GTA police forces have also been disciplined for drinking and driving since 2010. However, although OPP Commissioner, Vince Hawkes, told the Star that individuals caught for an impaired driving offence should no longer be police officers, the Star uncovered only one case in which an officer was made to resign. In addition, Toronto police handed out the most lenient penalties to officers caught drinking and driving, despite memos and bulletins from police chiefs strongly condemning the practice.

It is concerning that many of the officers disciplined with conduct referred to as “serious” by their own services are still working as cops. While having a previous criminal record almost guarantees that a person will never be hired as a police officer, the unfortunate reality is that once someone is an officer, it is difficult to get rid of them. Many officers who are convicted of criminal offences receive a slap on the wrist and are allowed to continue working. Prosecutors and even police chiefs feel that officers are often treated too lightly.  In addition, police discipline cases rarely get reported in public. In numerous written decisions, the police officer presiding over the tribunal noted that media coverage of the officer’s misconduct would undermine public trust in the police and would cause significant damage to the reputation of the police force. But the revelation of the lenient penalties officers receive for their misconduct is troubling and equally serves to undermine public trust in the ability of the police tribunals to police their own.

To speak with an experienced criminal defence lawyer, please contact Affleck & Barrison online or at 905-404-1947.

Sources:

http://www.thestar.com/news/canada/2015/09/18/disciplined-opp-member-still-a-high-ranking-cop.html

http://www.thestar.com/news/canada/2015/09/19/hundreds-of-officers-in-the-greater-toronto-area-disciplined-for-serious-misconduct-in-past-five-years.html

http://www.thestar.com/news/canada/2015/09/20/to-swerve-and-protect.html

http://www.thestar.com/news/canada/2015/09/21/police-officers-caught-using-their-position-for-personal-gain-in-recent-years.html