Guilty Until Proven Innocent For Street Racing?

According to a report from the Energie 102.7 station in Val d’Or, a lawyer is trying to change the law to make it easier to get a conviction for a street race.

Section 422 of the Highway Safety Code states that the Crown must prove beyond a reasonable doubt that the race was preceded by a stake or a bet, which is very difficult.

Mr Sylvain Labranche, the municipal prosecutor explains:

“If the prosecution succeeds in demonstrating that the individuals were looking at each other, they revved their engines, and several very important criteria were seen. In those cases, the person could be convicted, but it is very rare that I have enough evidence to show that people really had a bet between them. I will never have a written contract that says the loser of the race will buy a coffer for the winner. ”

So he proposes a small modification:

“Create a presumption by the hypothesis that if two individuals at the corner of a street accelerate rapidly, are side by side, and that there is communication between the two, that under his circumstances to the person contesting would have to demonstrate that it was ultimately not a race. So there is a presumption of guilt and it would rest with the defendant to prove his innocence. ”

During a road consultation of the SAAQ in Val-d’Or, the issue was raised. No word if this part of the law will change to welcome Mr. Labranche but we will keep you informed. Suffice it to say that being guilty and needing to prove your innocence runs contrary to the values of our society and someone should tell Mr Labranche.

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