When one drives a vehicle to race another vehicle in a public place, such as a highway, street or road, it is called “street racing”. It is frequently accompanied by “stunting”, in which a driver deliberately loses traction in the street or highway. They may also drive in circles without maintaining control. Street racing is a crime against reputation and person. It is because of its extreme nature and risk of death and bodily injury. Public health and safety is a concern. While laws have been passed to punish street racing, several people claim that some sections of these laws are inconstitutional. Many jurisdictions are implementing programs to help reduce street racing incidents. The ERASE Program aims to reduce street racing across Ontario, which is a dangerous and illegitimate act.

Street racing is one of the leading causes of motor vehicle accidents and fatalities. There are a number penalties for street racing or stunting5. Over time, the laws against racing on the street have become stricter. In May 2007, Ontario passed Bill 203. It increased the fines for street racing from $200 to $2,000 with a maximum of $10,000. Donna Cansfieldin of the Ministry of Transportation stated that this fine was increased in order to crackdown on dangerous driving6. In Ontario, section 249.2 of Canada’s Criminal Code states that anyone who kills another person through criminal negligence during street racing can be sentenced to life in jail, while anyone who injures another person due to criminal negligence in street racing could face up to fourteen-years in prison7. In addition, if someone is found guilty, their licence will be suspended for seven days and their vehicle impounded for seven days. There is also a possibility of a two-year suspension and six demerit point on record if the driver is found guilty. Penalties can be different depending on the actions of the driver. The higher the penalty, the more damage caused by the driver. Vince Lisi, a 18-year-old driver from Vaughan in Ontario, was caught on Highway 407 driving at 240 km/h. Lisi faced charges of dangerous operation, stunting and failure to surrender driver’s licensing after being stopped by Ontario Provincial Police. His license and car were both suspended for seven-days. Six demerit-points were also awarded for exceeding the speed limit by 50 km/h9. This is an example for a street race charge that is less severe. Lisi faces a possible fine up to 10,000 dollars, but his consequences are still minimal, since he has not caused any damage to property or the road or injured pedestrians or drivers10. Christian “Sisco”, a 18-year-old Canadian, died on June 22, 2010, when he and his friend Kareem (aged 19) were street racing in Ottawa. Williams Honda hit a lamppost at speeds as high as 120 km/h. Alli has been found guilty and sentenced to a 30 month prison term for dangerous driving which caused death. This case shows that street racing should be punished more severely. Alli had to face more serious consequences because Williams was killed as a direct result of dangerous driving. Most street racing cases are brought by young drivers. In 2011, Waterloo was the only place where 69 stunt-driving charges were filed. Nearly a third were drivers under 20. Street racing laws are stricter to protect other people’s safety. However, the debate is still ongoing.

The public was enraged by the Ontario government’s Bill 203. Many believed the new law was unconstitutional. It was the section 3(7) of Ontario Regulations No. 455/07 that many felt violated the Charter of Rights and Freedoms. The act of speeding alone is not enough to convict someone of stunt-driving or speed racing. The right to safety is taken away by this, as it is protected in section 7 of Canada’s Charter of Rights and Freedoms16. Stunt driving convictions are often a result of speeding. In this case, a person’s right of security is violated. Ontario’s road racing laws have a major problem with speeding. Jane Raham was charged in April 2008 for street race after driving 131km/h when the zone allowed 80km/h. Raham, who was unable defend herself, was charged for the 51 km/h differential. The charge included a possible six-month jail sentence. Alexandra Drutz was arrested in the fall 2009 for speeding 157 km/h along Highway 407 near Toronto. She was charged with road racing but this charge was later dismissed by Newmarket judges17. Both cases demonstrate the conflict that exists between the Canadian constitution and other laws regarding street racing. In both cases, the speed at which they drove made it impossible for them to defend their actions. Both women were driving at 50 km/h above the speed limit so it was assumed they were street racing. The two women who were accused of speeding and not street racing could have been jailed. The Highway Traffic Act distinguishes between speeding and street race, and the two offences have different consequences. Ontario’s street racing laws, updated in recent years, have made it more serious to speed, as the penalty is no longer prison, but a fine. It is against the constitution to send someone to jail for stunt-driving if only they were caught driving 50 km/h higher than the legal limit. Street racing is illegal, even if it’s possible to claim that you are racing when going so fast. The Ontario government has increased penalties to combat street racing. It also reached out to those who have committed the crime.

Many programs in Ontario have been designed to combat illegal street racing. Eliminate racing activities on streets everywhere program, also known as Project ERASE20, is one of Ontario’s largest programs. The ERASE Program aims for a change in driver behaviour by educating drivers and enforcing it strategically21. Street racing has resulted in 43 deaths and 34 serious injuries across the GTA since 1999. The ERASE Program aims for the elimination of fatalities that happen during illegal street racing. In these cases, cars have been modified to be faster and are out of control, especially when the driver is younger. The ERASE Program is a collaborative effort of the York Regional Police and Peel Regional Police. It also includes the Waterloo Regional Police and the Ministry of Transportation. Since the creation of Project ERASE in June 2003, police forces that are involved with the program launch an education campaign at the start of each summer, to combat street racing. This is the time of year when the majority of street racing deaths occur. There are also presentations in schools and at car shows featuring vehicles involved fatally in street racing accidents, as well as police deployments that show zero tolerance towards speed racing. Street racing has led to a dramatic drop in deaths and crashes in Toronto since the launch of Project ERASE. These programs are aimed at raising awareness of street racing as well as its legal and health consequences. However, the success of the program depends on public participation27. The ERASE Program teaches the public how to follow the rules and regulations of the police. However, it is the community that will be held responsible for enforcing these rules.

The ERASE Program aims in Ontario to reduce street racing. It’s a dangerous and criminal act with a wide range of punishments. It also violates the Canadian Charter of Rights and Freedoms. Street racing and stunt driving are becoming more difficult to stop. The consequences of these acts need to be stiffer to discourage those who attempt to do so. It is true that the law changes are not always in line with Charter rights. Police must educate those who will be most likely street race and perform stunts to warn them about the dangers. While street racing is likely to continue, the police can make it less common by enforcing stricter penalties and laws. They should also educate the public about the dangers street racing poses.