Previous items in this category mentioned the case of the speeder convicted of a ticket in the new category of “excessive speed” – whereby the fine and demerit points are doubled – who contested the validity of the law enacting these measures on the basis that the government failed to repeal the former provisions. The criminal law principle providing that when an offence provides for more than one penalty a person convicted is subject to the lesser one. The judge in first instance rejected the argument but the defendant has appealed the decision, thus keeping alive the hopes of those who have received these draconian tickets. One problem with the defence argument is that traffic offences are provincial legislation and the criminal law is a federal power. Thus it is not clear the principle referred to above applies to this situation.
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