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.
