Dr. Steven Johnson

The appellant, a commercial truck driver, appealed his conviction under the Highway Traffic Act for operating a truck with a speed limiter set above the mandated 105 km/h.

He argued the speed limiter requirement violated his right to security of the person under section 7 of the Charter by preventing him from accelerating to avoid collisions.

The Court of Appeal held that while the legislation infringed section 7 by being overbroad in rare situations where acceleration is necessary to avoid accidents, the infringement was demonstrably justified under section 1 of the Charter as a reasonable limit to improve highway safety and reduce greenhouse gas emissions.

The appeal was dismissed.

The respondent was charged with driving a commercial vehicle not equipped with a working speed limiting system contrary to section 68.1(1) of the Highway Traffic Act of Ontario.

At trial, the respondent challenged the constitutionality of the legislation, arguing it infringed his right to security of the person under section 7 of the Canadian Charter of Rights and Freedoms by preventing him from accelerating to avoid dangerous driving situations.

The trial justice found in favour of the respondent and struck down the provision.

The Crown appealed.

The appellate court allowed the appeal, finding that the respondent failed to establish on a balance of probabilities that the speed limiter legislation deprived him of security of the person, and that the legislation was not arbitrary.

The court also addressed the procedural issue of continuing the appeal following the respondent's death, substituting his widow as respondent in the interests of justice.