Fraud and Abuse of the public, public funds and our Justice System and a rough guide to contesting or appealing unfair or unlawful traffic offenses

Draft –

http://wp.me/p1fJaD-5f

Please read to find out how this affects a lot more Manitobans than just some motorists and then do some research and take this poll.

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As you read this it will become clear how we are all impacted including the city and provincial economies by this fraud and abuse of the public and public funds.

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Posted Oct 2015 and partial update Mar 24 2016 (see list of revisions at the end of post)

The following emails (along with this rest of this post except the rough guide to contesting and appealing …) sent in a document to the Office of the Auditor General (OAG) on Oct 26 via citizens.concerns@oag.mb.ca and again on Nov 10 2015 after no response and included norman.ricard@oag.mb.ca.  This letter is a good lead into the rest of this document.

[Full name and Address or contact info]

Dear Mr. Ricard,

Thanks for choosing public service in our great province and sorry for not mentioning this in my previous communication below.  I am grateful for all that you and other public service do to help make our Province a better place.

I would hope you have already received the following email with attached doc sent Oct 26th regarding misuse of public funds and our Justice System as well as related abuse of the public and possible corruption.

I have updated the following and attached doc to include more and recent information of abuses in the traffic and appeals courts and some suggested reforms to stop and prevent this and the related abuse and make those responsible accountable.

If you did not get this I am contacting you to advise that myself and many other Manitobans I have spoken to and met with have serious concerns about misuse of public funds and our Justice System as well as related abuse of the public and possible corruption.  1000’s more have voiced similar or related concerns online and signed a petition which was hand-delivered to the office of Winnipeg’s Mayor Brian Bowman and to the Manitoba MIT Minister, Steve Ashton.

The City of Winnipeg including the current and past Mayor, City Councillors and other senior city officials and the Province of Manitoba including the Premier, several current and past Ministers and other senior officials are aware of this abuse and are allowing it to continue.  In many cases they are ignoring evidence repeatedly presented to them either directly or via media identifying this abuse and in several cases lying or misleading the public.

This misuse and abuse involves 100’s of millions of dollars since 2003 and even more when you look at the economic impacts and serious social impacts like the respect the public has for our police and governments.  Community involvement and assistance is critical in effective governing and policing but how can you expect the public to want to help when they are abused like this.

Find details of this misuse in the following draft document along with details of this abuse and the steps already taken including many formally to try and resolve which have had limited effect.  The misuse and abuse has actually gotten worse recently.

WPS, the City including City Council and the Province are equally responsible for this misuse and abuse but the Province allowed this to start by amending legislation without due diligence and are allowing it to continue by turning a blind eye when requirements in the provincial Conditions of Authority are not being followed.  These and amendments to legislation put in place to prevent this type of abuse are purposely being ignored.

We feel these concerns are very serious, affect multiple levels of government and should be investigated by the OAG who reports to Parliament.

There is at least 1 appeal going before the court in the near future that may and properly should set precedent to stop some of the abuses unique to Manitoba and Winnipeg but much more is needed.

On top of the misuse of public funds as mentioned in the attached doc, City bylaws, the HTA and other Provincial and federal legislation and worse the Canadian Charter of Rights and Freedoms is being ignored which needs to be stopped immediately and needs to have consequences.

These abuses started in at least 2003 and has been allowed to carry on this long and get worse which is shocking in this day and age and in a country like ours.

Your actions are needed to help restore public trust in these levels of government and to salvage some of the respect this City including WPS and Province have.  When deliberate abuse and other serious issues discovered we expect dismissal without severance.  If the investigation uncovers the possibility of criminal behaviour involved then the appropriate independent authorities must be asked to investigate.  If convictions of serious crimes we expect revoking ok public paid pensions.  It is time for Winnipeg and Manitoba to be leaders in fair and just governing across Canada with the respect they deserve and not be one of the worst.

We have a lot more information on this misuse and abuse available if you require and would like to know what the process is to follow up with this email.

Also receive this as an offer to present the facts directly in a guided PowerPoint presentation.

I expect to get a response with at least confirmation that this email was received within the next 3 days (Fri Nov 13th).

If we do not get adequate response we plan to contact LERA and the RCMP and ask for independent investigations into corruption by ACS / Xerox as well as abuse of power, public funds and possible corruption by WPC officers as well as senior officials in WPC, the City of Winnipeg including City Council and the Province of Manitoba and start handing over the vast amounts of evidence we have collected and will be collecting more of via additional FOI requests and affidavits from victims etc….  This will include who we have contacted to report these abuses, when this done and who has ignored us and mainstream media or worse tried to cover-up lie or mislead the public.

There is also clear support for a crowd source funded class action lawsuit against the City of Winnipeg and Province of Manitoba to address these abuses in court if needed and as mentioned above there is enough evidence to support this.

As mentioned below we hope these will not be necessary as it will only hurt our City and Province’s respect and trustworthiness even further. What we need is meaningful intervention on a political level.

I look forward to your response.

Thanks,

[Full Name]

Concerned Citizen of [Winnipeg], [Manitoba], Canada

[Member of WiseUpWinnipeg, 2600k concerned members and growing rapidly]

Original letter and email sent with earlier version of this document with only a few updates:

———- Forwarded message ———-
Date: Mon, Oct 26, 2015 at 11:11 AM
Subject: Updated: Fraud and Abuse of the public and our Justice System
To: citizens.concerns@oag.mb.ca

[Full name and Address or contact info]

Norman Ricard, CA, Auditor General Manitoba

Office of the Auditor General Manitoba
500 – 330 Portage Avenue
Winnipeg, Manitoba, Canada   R3C 0C4

Dear Mr. Ricard,

I am contacting you to advise that myself and many other Manitobans I have spoken to and met with have serious concerns about misuse of public funds and our Justice System as well as related abuse of the public and possible corruption.  1000’s more have voiced similar or related concerns online and signed a petition which was hand-delivered to the office of Winnipeg’s Mayor Brian Bowman and to the Manitoba MIT Minister, Steve Ashton.

The City of Winnipeg including the current and past Mayor, City Councillors and other senior city officials and the Province of Manitoba including the Premier, several current and past Ministers and other senior officials are aware of this abuse and are allowing it to continue.  In many cases they are ignoring evidence repeatedly presented to them either directly or via media identifying this abuse and in several cases lying or misleading the public.

Find details of this misuse in the attached draft document along with details of this abuse and the steps already taken including many formally to try and resolve which have had limited effect.  The misuse and abuse has actually gotten worse recently.

WPS, the City including City Council and the Province are equally responsible for this misuse and abuse but the Province allowed this to start by amending legislation without due diligence and are allowing it to continue by turning a blind eye when requirements in the provincial Conditions of Authority are not being followed.  These and amendments to legislation put in place to prevent this type of abuse are purposely being ignored.

We feel these concerns are very serious, affect multiple levels of government and should be investigated by the OAG who reports to Parliament.

There is at least 2 appeals going before the court in the near future that may and properly should set precedent to stop some of the abuses unique to Manitoba and Winnipeg but much more is needed.

Your actions are needed to help restore public trust in these levels of government and to salvage some of the respect this City including WPS and Province have.  If the investigation uncovers the possibility of criminal behavior involved then the appropriate independent authorities must be asked to investigate.  It is time for Winnipeg and Manitoba to be leaders in fair and just governing across Canada with the respect they deserve and not be one of the worst.

If no suitable actions are taken we will have to take additional steps to broadcast these abuses.

We hope these will not be necessary as it will only hurt our City and Province’s respect and trustworthiness even further. What we need is meaningful intervention on a political level.

We have a lot more information on this misuse and abuse available if you require and would like to know what the process is to follow up with this email. Also receive this as an offer to present the facts directly in a guided PowerPoint presentation.

Yours Truly

[Full Name]

Concerned Citizen

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Find below some meaningful suggestions to stop this abuse, reforms to prevent it from occurring, make those accountable and better deter. See: “What needs to be done to stop this abuse and reform traffic enforcement and government to prevent this abuse from re-occurring and make those responsible accountable.”

Summary:

Public funds are being misused to supplement the operation of the City of Winnipeg and Province of Manitoba’s Photo Radar Enforcement and Traditional Traffic Enforcement programs which were legislated and implemented with a requirement to improve public safety but are being used unlawfully in an attempt to generate revenue from citizens.

In an effort to generate more revenue from violations, traffic engineering deficiencies are purposely created or not corrected and then aggressively targeted.  These deficiencies have been proven to reduce safety by several North American Traffic Engineering studies and standards and even examples of the City or Province correcting some of these have shown drastic reduction in violations and therefore safety improvement.  They continue to refuse to correct many of these deficiencies when this brought to their attention and have taken several steps to try and justify this in order to allow the abuse and attempted revenue generation.

This misuse and abuse involves 100’s of millions of dollars and even more when you look at the economic impacts and serious social impacts like the respect the public has for our police and governments.  Community involvement and assistance is critical in effective governing and policing but how can you expect the public to want to help when they are abused like this.

his misuse of public funds is happening partly due to several unforeseen and hidden costs in the operation of these programs and a large portion of the revenue from these programs being paid to a 3rd party for profit company with parent company whose executives in the past have been convicted of fraud and corruption and other crimes.  Many people see they are being abused and are contesting in traffic court which is currently backed up a year and a half.

This is against Section 11(b) of the Canadian Charter of Rights and Freedoms which provides that 11. any person charged with an offence has the right… (b) to be tried within a reasonable time.  Reasonableness also relates to local court resources and/or how they compare to other jurisdictions.  We are the worst in Canada for traffic court delays.

Also we have identified related abuse of power and overtime by some police officers in order to boost pensions and other misuse of public funds.  Please read to find out how this goes a lot deeper than this and how it affects a lot more Manitobans than just some motorists.

As you read this it will become clear how we are all impacted including the city and provincial economies by this fraud and abuse of the public, public funds and our Justice System.

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Table of Contents:

Targeting traffic engineering deficiencies for revenue generation
* Petition of over 2000 signatures and detailed Presentation of this abuse being ignored by Mayor Brian Bowman, Public Works officials and Provincial officials.
* Speed limit and school zone signage deficiencies

* Redlight amber time dangerously shortened is increasing violations, revenue but at the cost of rear end collisions and injuries and senior officials at WPS, the City and Province ok with ignoring this.
* Photo Radar & Traditional Enforcement Abuse
* Photo Radar vehicles parked unsafely and illegally
* Failing to collect & report required safety improvement stats and propaganda compaign
* Unlawful Know Your Zone snow clearing parking ban tickets
* Overuse of stop signs results in more violations and public safety issues

Courts overloaded and forced to wait up to a year and a half for a trial

Are you fed up yet or worse?

The true cost of Photo Radar and Traditional Traffic Enforcement abuse

This fraud and abuse affects all Manitobans not just motorists
* Diverting officers from other unites to generate more traffic ticket revenue
* overtime out of control
* Abuse of the public to boost pension payments after retirement
* Addition abuse of our rights and our Justice System

Revenue generation, poorly negotiated contracts, corruption and possible bribery

Vicious cycle of out of control expenses and hidden costs forcing more revenue generation

We continue to be ignored and this and related abuse is getting worse:

Are you ok with buying the silence of those with evidence and should those responsible be made accountable?

What actions can you take to help stop this abuse:

Demand a stop to this fraud and abuse in the guise of safety and demand it be put to a public vote. More people need to WAKE UP and STAND UP!

What needs to be done to stop this abuse and reform traffic enforcement and government to prevent this abuse from re-occurring and make those responsible accountable.

Want more info, references and reinforcement for much of the info above:
* Additional resources
* ACS no stranger to corruption and other crimes
* Unsafe Speed Limits

* Perjury and other abuse in Traffic court with no consequences

* Manitoba Appeals Judge says City of Winnipeg “Ducks Out” at appeal hearing.

* Appeal of speeding conviction due to inadequate speed reduction signage as per HTA

Abuse by those in power with more ignoring, lying or misleading is making some revert to or suggest civil unrest in order to protest

Rough guide to contesting and appealing these unfair or unlawful traffic offense:

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Targeting traffic engineering deficiencies for revenue generation

The root of this abuse is the deliberate targeting of traffic engineering deficiencies in proper speed limits, signage and red light amber times to issue millions of unfair or unlawful traffic violations in an attempt to generate revenue.  They do this while claiming this is making us safer.

In many cases these deficiencies are purposely created or left unfixed and are making our roads less safe. These deficient locations are being heavily targeted by our Winnipeg Police Service (WPS) & their 3rd party FOR PROFIT partner ACS (division of Xerox) which operates fixed speed & red light photo radar and Commissionaires of Manitoba which operate mobile photo radar.  They continue to do this even after clear evidence of this repeatedly brought to light by Wise UP Winnipeg (WUW), main stream media and many public complaints.

Our MB Government, City of Winnipeg including City Council are purposely allowing this abuse to continue and recently get worse.  The partners get paid via contract and any remaining profit is shared between these 2 levels of our government but after you factor in so many people contesting these unfair or unlawful tickets and many hidden costs there is not much left.  This was proven early on in the program and highlighted by an Internal City of Winnipeg Audit of Image Enforcement Performance.

This forced them to try and generate more tickets and increase fines to try and make up for this and when this only forced more people to contest they decided they will try and change legislation to remove our rights even more in court in hopes less people will contest.  They are wrong and this is only pushing more people to stand up to this abuse [traffic court stats available via this link from Global News]

Drivers fighting unfair tickets in Winnipeg forced to wait until 2017

Cops Learned – Drivers Didnt – Winnipeg Sun

Petition and Presentation of this abuse being ignored by Mayor Brian Bowman, Public Works officials and Provincial officials.

The following petition organized by Wise Up Winnipeg has been signed by over 2000 people and hand delivered to Mayor Brian Bowmen’s office in Sept but he was not available.   It was also hand delivered to the Manitoba Legislature to Minister of MIT Steve Aston’s office.

Wise Up Winnipeg made several attempts to meet with the mayor to discuss this petition and do a presentation detailing these deficiencies but these were repeatedly declined.  A meeting was finally arranged but he did not show up neither did the representative from public works Janice Lukes [ref available] and only a policy analyst was present. Similarly Mr. Luis Escobar, Manager of Transportation for the City of Winnipeg as repeatedly avoided, ignored, lied and mislead the public when questioned on this abuse.

This petition page has a lot of info and links detailing the signage and other deficiencies being purposely targeted for enforcement to generate revenue.

https://www.change.org/p/mayor-brian-bowman-mit-minister-ron-kostyshyn-fix-winnipeg-s-speed-limit-signs-and-review-speed-limits

Speed limit and school zone signage deficiencies

71% drop in tickets after city pressured into lowering speed limit sign at intersection on Grant ave to engineering standards height.  1,630 to 474 in the 3 months from July 1 to Sept. 30, 2011.  Until this was done it was the most profitable location being targeted.

http://www.winnipegsun.com/2013/02/05/sign-of-progress-71-drop-in-tickets-after-signs-lowered-at-intersection

Similar happened when dual 50 km speed limit signs installed on another part of Grant avenue and violations almost disappeared completely and you never see traffic enforcement there anymore.  When city officials asked why they don’t install more dual signage and correct other engineering deficiencies where speeding is a problem and they said they don’t need to (more info on their ridiculous reasoning below) [refs available].

Here is a video with more of the deficiencies and how they are targeted.    More of this is available below and elsewhere online (refs available)

https://www.youtube.com/watch?v=aKZF9ewWkUo

There is several documented cases of blatant abuse by City workers responsible for signage on their own or with direction from above purposely removing speed limit signs, putting signs backwards or upside down after being requested by WiseUpWinnipeg to correct.  In at least 1 case provincial highways workers had to install speed limit signs just before entering city limits where police where aggressively targeting deficient signage and not correcting and others.

Red-light amber time dangerously shortened is increasing violations, revenue but at the cost of more rear end collisions and injuries.

Wpg traffic department manager and engineer Luis Escobar calculated 4 sec amber time across the board was adequate but it not adequate as per HTA and known engineering standards especially for 60, 70 and worst 80k zones.  MPIC Stats show it increasing rear end collisions and injuries considerably due to the dilema zone it puts drivers in.  Even some city engineers have said it is dangerously low but they being ignored by Escobar, senior officials and City Council.  A formal professional conduct complaint was made to APEGM about the amber time issues and Escobar.  The independent complaints panel for APEGM found Escobar was at fault but before the report and decision released the non compliant members were replaced with new compliant members and one dismissed.  This cover up was exposed when the dismissed engineer leaked the original report and decision.  This involves several violations of the APEGM act legislation.  There needs to be a formal investigation into this.

Worse the method they using to determine if a red light violation occurred when enforcing with WPS officers or Photo Enforcement by ACS requires even more amber time which they haven’t added  i.e Permissive vs. Restrictive or if you enter or clear the intersection on red.  They doing it this way as it produces up to 800% more violations and revenue for ACS, WPS / the City and Province.  They don’t care it not compliant with the HTA or engineering standards and causing more rear end collisions and injuries especially at higher speed zones.  They even ignoring recommendations in 3rd party safety improvement report WPS / the city paid for on Photo Enforcement that identified this increase and suggested it be investigated.  Report on WPS website [ref needed].  More info will be posted or made available about this.

 

Photo Radar & Traditional Enforcement Abuse:

Over 40,000 Photo Radar Enforcement (PRE) traffic tickets issued in the 3 months from April 1st to June 30th on track to issue over 120,000 this year in Winnipeg and more than a million since 2003. In some cases multiple tickets same day or even worse 2 mobile cameras short distance apart and 2 tickets issues but 2nd purposely delayed being sent by about 2 weeks in hopes driver or spouse get confused and just pay. They initially claimed they were testing accuracy but when evidence showed multiple tickets to same vehicle within a minute apart they said they are allowed to do this.  This many MB drivers are not this bad and this isn’t improving safety.

Photo Radar vehicles have been parking unsafely and illegally

This done to generate more revenue.  The city justifies this by classifying them as emergency vehicles even though it is illegal for the proven fact it unsafe and WUW has video of many near accidents on academy.

Failing to collect and report required safety improvement statistics

The City and Police purposely don’t collect and report the data from mobile or fixed speed camera photo radar required by amendments to the HTA “Conditions of Authority” because it would not show the required safety improvement. They also refuse to put it to a public vote as they know it will lose.

See links below from W5, The National Post, Global News, The Free Press, The Sun, The Metro and many more as well as links to City of Winnipeg and Province of Manitoba documents that help identify this abuse.

On top of the Photo Radar Enforcement tickets 1000’s of traffic tickets handed out by tradition officers many of which are unlawful or unfair.

* Unlawful Know Your Zone snow clearing parking ban tickets

An estimated $100 million collected over several years.  More info below under “Mr Mayor, …”

Overuse of stop signs results in more violations which is unsafe for public

Overusing stop signs instead of yields where appropriate has been proven in several studies to cause more drivers to ignore which causes safety issues.  Engineering standards say to use only where needed.  The well documented overuse of stop signs and other deficiencies in Wpg are being targeted by WPS for revenue generation.  When repeatedly questioned on this and most of the other traffic engineering deficiencies the City of Wpg officials say they don’t need to listen to their own experts or follow well documented Traffic Engineering standards and they get away with this since City Council and Manitoba Government passed motions or policies to allow this.  This is not improving safety but is improving revenue [refs available]

The abuse gets even worse as they increased traffic offense fines to be up to 6 x what they are in other parts of Canada and this City continues to have the worst record in Canada for proper speed limits, signage and red light amber times. [refs available].

Courts overloaded and Forced to wait up to a year and a half for a trial:

To make matters worse drivers contesting these unfair or unlawful tickets are forced to wait up to a year and a half for a trial and this getting longer as more and more people get fed up and contest. See link below from Global news (be sure to follow “continue story” link in article) to see how they plan to implement changes to our laws to remove our rights even further.

This is a clear attempt by our City and Selinger NDP government to generate more revenue to make up for the misuse of the billions in taxes and fees we already pay. As well as their inability to balance the books never mind reduce the $20 billion net debt the province racked up over years and the billions in interest payments that could be going elsewhere. The City’s net debit is also close to $1 Billion and they want to increase the debt ceiling by another $250 Million [ref available].   http://www.rbc.com/economics/economic-reports/pdf/provincial-forecasts/prov_fiscal.pdf

With up to 120k tickets every year many of which are unlawful or unfair no surprise it takes a year and a half for a traffic court date, you can abuse people only so many times or for so long before they get fed up and do something. Worse many people don’t realize that many tickets have been proven to be unlawful and or inaccurate for several reasons.  As more and more people figure this out there will be more contesting in court.

Are you fed up yet or worse:

I am way beyond fed up with this fraud and abuse of public resources and money and so are many others.  WiseUp Winnipeg (WUW) members have started to meet regularly and encourage bringing more people to see a presentation showing the extent of these deficiencies many of which purposely created or left unfixed and how WPS is targeting them. Worse yet see how senior staff with WPS, the City, City Council and Province have been purposely changing laws, policies, lying, misleading, ignoring experts and evidence, covering up, closing the traffic review board and more to leave these deficiencies in place and create more so they can continue this targeted abuse of drivers. All in an attempt to generate revenue under false claims of improving safety because they have poorly managed the billions in proper tax and fee revenue and run deficits for years to bring our Provincial dept to 20 Billion and City dept to almost 1 Billion.  The interest alone is larger than many departments entire budgets.

WUW has been proactively pushing those responsible for this abuse or for turning a blind eye to the evidence to correct these issues using formal methods for years.  They continue to get ignored, lied to etc… and those responsible respond by feeding the public with more propaganda to mislead and scare the public about false safety concerns.  WUW have documented and highlight all of this and a lot of it was on the WUW website which was recently hacked and taken down (likely by those not wanting the public to see all the comments from motorists abused on the road and in traffic court etc…  All the info is still documented and will be made available for the public again soon.  They plans to make a video of the this presentation along with commentary and then upload to YouTube and other social media [link when available].

Find below a few more examples of this abuse that I have experienced or been told by others who have experienced and the true costs and impacts it is having. There is a lot more that has been presented elsewhere by several mainstream media including a W5 episode, by WiseUp Winnipeg and others including info from Freedom of Information requests.

The true cost of Photo Radar and Traditional Traffic Enforcement abuse:

The public have started calling these the $camera and $erve & collect programs due to it being clear the motives are revenue and not safety
A huge portion of the revenue from the Image Enforcement program goes out of province to 3rd party For Profit partner ACS (division of Xerox) and to help operate Commissionaires of Manitoba (division of Canadian Corps of Commissionaires) and a lot of hidden costs are putting a huge strain and drain on our Justice system resources and budget that are much needed elsewhere especially in this City and Province with many social and health issues etc…

This fraud and abuse affects all Manitobans not just motorists

This abuse is eroding the relationship and respect citizens have with and for police with cascading negative effects. WPS often has to pay OT to officers attending traffic court plus this takes away from fighting real crime and helping build safer and stronger communities.  MB Justice Dept has had to hire more magistrates, crown attorneys, clerks and spend huge amounts of public money on additional IT related costs, training etc… too be able to process the huge increase in volume of tickets and trials [refs needed]. A lot of new staff are actually students as they can’t afford to hire experienced staff. [refs needed]

I have seen this 1st hand while working for BTT (MB Gov IT Dept) for several yrs and during trials for unlawful and unfair tickets I have successfully challenged for others or while waiting in court for others to challenge.

Our City and Provincial officials involved purposely don’t attach these hidden costs to the operating cost for the City & Provinces portion of these programs. They don’t because this would clearly show a large portion of the revenue goes out of province and country via 3rd party For Profit partner ACS whose executives on the US side of this company have been convicted of fraud and imprisoned [reference below and more needed] and to Commissionaires of Manitoba. This reporting would clearly show little left over to justify the unfair and often unlawfully operated programs.

The lack of revenue after these costs forces a vicious cycle of trying to generate more tickets to make up for it.

On top of this ACS doesn’t want to lose the multi million $ contract like it has in other cities [refs below and more needed] where it was forced to operate fairly (adequate red light amber times and signage etc …) and lost money so they do whatever they can to issue as many tickets as they can even if unlawful or unfair. On top of that this For Profit Company is calibrating and testing the fixed cameras.  This is clearly a conflict of interest.  Similar issue with Mobile photo radar. Myself and others have seen trials won 1st hand for these issues or improper or purposely removed signage and other reasons BUT many more go unchallenged or accused not informed and or crown, magistrate, operator or police officer outright lie or mislead and other abuses of the court and law [references below and more available].

 

Diverting officers from other unites to generate more traffic ticket revenue  and overtime out of control:

Aren’t these officers needed to help fight organized crime or other important public safety duties?

Here is an example from: 02/22/2013 but this is still going on: Former police chief Keith McCaskill told Fielding’s committee that police planned to collect an extra $1.4 million in ticket revenue by using officers from other units to augment traffic enforcement. The service was to spend an extra $1 million on overtime.

Details of this “Project Drive” were obtained by Todd Dube of WiseUp Winnipeg through a Freedom of Information and Protection of Privacy Act request. The documents show the total regular overtime cost for Project Drive for the 6 months from June to November last year was $859,522 (that over $1.7 M over a year and likely worse currently)

http://www.winnipegfreepress.com/local/ot-bill-unacceptable-fielding-192443031.html

Abuse of the public to boost pension payments after retirement:

There are a lot of good officers out there. Unfortunately some bad apples and direction from the Province, WPS & City council are destroying the respect many have for WPS and all officers. Some officers have openly admitted they issue bad tickets and that it is up to the courts to sort out. They then hope you contest so they get OT to go to court. If they have to go outside of a shift they get paid OT and on avg it is $400 in their pocket [refs available].  Some low rank officers have been able to make 150k+ /yr.

Worse yet WPS is the only force in Canada that allows OT to be pensionable time [ref needed] so a lot of them near the end of their public service career (shorter than most) ask to be transferred to the traffic enforcement department (usually low ranking officers) so they can have a huge boost to their pension amount after retiring.  Pensions are calculated on their best 5 years [ref needed].  Some lower ranking officers are retiring with pensions close to what a Chief of Police gets [refs available].

Remember this is all our tax money paying for these officers to abuse us and pad their pensions and other abuse.  Then our politicians in City Council change policy so they can hide the officer’s names with badge #’s. This abuse is reason alone that the names should be on this list. They claim it is for their safety but they are better trained to defend themselves than most of us.  If you get an unlawful or unfair ticket make sure to get badge #, then check this pdf and also let WiseUpWpg know.
http://www.winnipeg.ca/corp/document_library/cityofwinnipegcompensationdisclosure.pdf

http://globalnews.ca/news/1370404/manitoba-law-proposes-cops-be-exempt-from-salary-disclosure/


 

Addition abuse of our rights and our Justice System
Several citizens after spending valuable time and in some cases our money have had offenses dropped during trial by the Crown [refs and transcripts available] as they knew our arguments would likely result in an successful appeal at a higher court that does not abuse the accused or the law like the traffic court has been repeatedly doing. Magistrates chose to suggest the Crown to drop offense for something like certificate issue or there made up excuse after recesses seeking direction from someone more senior.  They due this because a successful appeal would set a precedence which would force the program to be fixed or scrapped and we could demand refunds for the unlawful tickets.

The Crown is continuing to try and buy guilty pleas (e.g half off) in advance or right before trial if they know operator or officer not there or they have to many people on the docket.

The Crown is also continuing to lie about the operator or officer being there when asked.  When caught they have answered “It’s not a lie because they are under what they claim is the fair assumption that somebody subpoenaed to be there is there”

***** Are either of these unlawful? ******

What’s next we turn into a 3rd world type country and you just pay authorities at time of offence or after with bribe and it all goes away!?.  Is this the type of province and country you want to live in?

They will still make this offer when there is a long docket of Trials – and the Operator is there or is expected to be there – otherwise the court will go past noon for morning court or until 6pm nightly.  This is due to the ever increasing # of people fed up with this abuse.   They on target for over 120k PRE tickets for 12 month period plus 10s of 1000’s of traditional traffic enforcement tickets most of which have fines 6x higher than anywhere else in our country….

This is more evidence they “Duck out” when we have raise issues that would be grounds for appeal and risk setting precedence which would end this abuse and on some cases pay back fines; clearly shows it is about revenue not safety and the extent they are willing to ignore or mislead us, break city policies, by-laws, the laws in the HTA and other provincial laws and worse of all federal laws and the CDN Charter of Rights & Freedoms should be more than just alarming to all citizens.

This is not how our Justice System is supposed to be used? Is that even legal? Also isn’t there a provincial and or federal law that prevents someone from profiting from your conviction? [Reference needed] Is this not one of the foundations of our Justice system?


 

Revenue generation, poorly negotiated contracts, corruption and possible bribery:

An independent Audit was done titled:
“Photo Enforcement Program Review
City of Winnipeg Audit Department – Photo Enforcement Program Performance Audit–Final Report February 2006”

http://www.winnipeg.ca/audit/pdfs/reports/photo_enforcement.pdf

This audit highlighted many serious issues with the Photo Enforcement program procurement, contract and operation including not regularly reporting proof of safety improvement as required in the HTA or using incomplete data and not the more accurate data available etc…
This document clearly shows the purpose of the program is revenue generation and that during procurement ACS and WPS forecast much higher revenue then the program could generate unless many more tickets were issued. It shows how reported expenses of the program reduced revenue to a small fraction of total revenue. There is many more hidden costs monetary and otherwise as mentioned above that you only need to include some of to prove this program is a waste of tax payers money and valuable Justice System resources.

Our city and provincial politicians and officials ignored several known issues and awarded this contract and worse yet after Mainstream Media, Todd Dube and WiseUp Winnipeg and others brought these and other facts to light [refs needed] they slapped Winnippegers & Manitobans in the face and renewed the contract. Then expanded the program to try and generate more revenue to make up for the poorly negotiated contract and hidden costs.  This Audit doc is publicly available but the crown will not let you have the training manuals ACS and mobile operators are supposed to be using to calibrate, test and operate the Photo Radar equipment with the excuse they are with 3rd party.  Legal attempts to get them have resulted in doc fees in excess of $10k [refs needed] and no one has been willing or able to pay this.

There has been allegations of bribery during contract procurement [refs needed]. Also Mr. Butler (formerly of WPS) spear headed the contact negotiations and he retired with a great pension shortly after it awarded to ACS and then he went to work for them [refs needed]. Above linked PRE Audit doc highlights several contract issues. Is there a possibility he was also on their payroll already via bribery payments?
I won’t go more into hearsay but I could go on and on and on with actual facts and there is much more documented.
Here is just a few from similar abuse.
ACS executives and executives of similar companies convicted and or charged with fraud and or bribing public officials [link below and ref available]

Former red light camera ceo pleads guilty to bribing chicago official to get 124m contract/

Same story but charges and guilty plea expanded to cover at least 1 other state. MB, City of Winnipeg, WPS politicians and officials and senior ACS staff involved in similar abuse here should be very worried about the consequences of their actions or lack of in many cases. Especially with this US Justice probe looking to be expanded to many other states. Hopefully it won’t take long to start having effects in Canada as a lot of the companies involved here like ACS have parents companies in the US.
Ex Red light camera ceo pleads guilty to bribery & corruption charges in 2 states and probe expanding to many other states
[Addition refs needed]

Vicious cycle of out of control expenses and hidden costs forcing more unfair or unlawful tacticts in an attempt to generate more revenue

I agree 100% with others that feel this targeted abuse and often unlawful actions by these programs have gotten common and extreme. Put this together with inaction or outright deceit by some of the politicians and officials responsible for these programs or for correction of speed limits, improper, missing or worse purposely removed signage, audit findings, budget statements etc… it becomes 100% clear the programs real goals are revenue generation and not safety improvement as required in the Photo Enforcement amendments to our HTA as voted on by our parliament.  Several formal requests have been made by Wise Up Winnipeg members and others to highlight this abuse and suggested ways to resolve several issues and the inaction or outright deceit continued and has gotten worse as mentioned above. This includes politician and senior officials repeatedly choosing to ignore recommendations from experts in safe & efficient traffic mgmt in the traffic engineering dept to raise speed limits in some areas and install more signage.  In several documented cases they removed over 200 speed reduction or photo radar ahead signs.  Other documented cases of signs installed but not following standards so are difficult and often unseen. Then ACS, WPS and Commissionaires target these & other deficiencies in signage as they try and generate more revenue. This also repeatedly brought to their attention formally and ignored or little to no action.

We continue to be ignored and this abuse is getting worse:

Are you ok with buying the silence of those with evidence and should those responsible be made accountable?

To me fighting these abuses by pleading not guilty and contesting in court is all secondary.  It needs to be done like several are suggesting and doing but I think the primary focus needs to be stopping the abuse permanently and making those responsible accountable.  This will help make it clear the public will not accept this or other abuse. They can’t be let off this easy.  Our Premier Mr. Selinger already bought the silence of his former chief of staff and at least 5 other close political advisor’s (term positions) with severances totalling over $670k after his leadership of the party and government contested.  Then they went to work for NDP AB to help win election.  We can’t to let these officials and the others responsible get away with letting this abuse start or continue for so long without any consequences and collect their huge severances and pensions when they resign or are defeated.

http://www.winnipegsun.com/2015/05/08/pallister-blasts-selingers-freedom-35-payouts

http://www.cbc.ca/news/canada/manitoba/selinger-parts-ways-with-senior-staffers-who-backed-oswald-1.2988635


What actions can you take to help stop this abuse:

Gather some courage and join me and others fed up and share this and other FACTS not complaints and get out there and protest. Do some research if you need or want to help. There is several [refs needed or available] in this document that need filled with transcript info or links etc…

The better prepared we are the more likely they will fix or scrap these abusive and unlawful programs. Remember they are using our tax dollars and unlawful fines to run and try and profit from these programs but there is huge hidden costs and impacts to this. Then they ignore facts presented and use our tax money to fight us in court when we contest or appeal.

More people need to get informed of the facts available and demand a stop to this fraud and abuse of the public, public funds and our Justice System in the guise of safety. We also need to demand a public vote on Photo Radar and School Zone Enforcement that includes accurate and complete safety improvement stats and other important details so people can made an informed decision.

Find below a rough guide you can follow so we can work together to stop this abuse, waste of valuable Justice System resources and taxpayers money. Hidden costs and impacts go way beyond what the court costs built into the tickets or City’s and Provinces portion of the revenue provide for.  It is time for reform and to make those responsible accountable.

I suggest you contact our elected or appointed representatives (Premier Greg Selinger, Mayor Brian Bowman, your City Councillor, your MLA a swell as some other suggestions)

http://www.winnipeg.ca/council/

http://www.gov.mb.ca/legislature/members/mla_list_constituency.html

http://www.gov.mb.ca/legislature/members/mla_list_alphabetical.html

myo-mayor@winnipeg.ca; premier@leg.gov.mb.ca;

In your own words demand a stop to this abuse, positive reform of traffic enforcement to restore some of the protections that prevent abuse and allow it to do what it was intended to which is actually make the public safer.

Here is some examples:

—————————

I like many Winnipeg and Manitoba citizens I have heard from see an urgent need for the City and Province to take action to do the following to reform the current Traffic Enforcement in the city and province so it is not abusing the public; is actually doing what it is intended to do which is improve public safety; so it is more transparent and not wasting or misusing public funds or sending $ millions out of province.

This misuse and abuse involves 100’s of millions of dollars and even more when you look at the economic impacts and serious social impacts like the respect the public has for our police and governments.  Community involvement and assistance is critical in effective governing and policing but how can you expect the public to want to help when they are abused like this.

 

What needs to be done to stop this abuse and reform traffic enforcement and government to prevent this abuse from re-occuring and make those responsible accountable.

 

  • Immediately start correcting the well documented traffic engineering deficiencies in proper and safe red light amber times, speed limits and signage (including school zone and dual signage etc…) to be in line with North American Traffic Engineering Standards which have been proven to reduce violations which improves public safety.
  • Immediately stop targeting the above deficiencies purposely created or not corrected even after this repeatedly brought to light in order to generate revenue. This is reducing safety and increasing public disrespect of police.

 

  • Enact Provincial legislation and City Bylaws to:

o   Prevent including traffic enforcement revenue or “cost savings” in Provincial and City budgets.  It should not be a crutch for poorly managed legitimate government revenue (which have been occurring at both levels).

o   Have more severe and better enforcement of consequences for ignoring the requirements in the provincial Conditions of Authority; and other parts of the HTA legislation put in place to protect the public from the type of abuse we are seeing and to improve public safety.

o   Require accurate and complete data collection and reporting for public safety improvement for any traffic enforcement method to prevent sending mis-information and propaganda about safety improvements to try and continue this abusive revenue generation (MPI accident data has been proven to be more accurate the police collected data but is being ignored).

o   Reinstate & require the Traffic Review Board, listening to the experts on these boards and preventing the disabling or hampering of the board.  This will reduce violations which will improve public safety and respect.

o   Reinstate & Require City and Province to follow North America Traffic Engineering standards for the reasons mentioned above.

o   Require enough staff in traffic review board with mandate to enforce above standards for City and Province including contractors with adequate fines to properly deter non-compliance.  i.e. Fine to prevent the cause of most of the violations in Manitoba.

o   Ban traffic enforcement at any location that has any traffic engineering deficiencies to force correction before enforcement and prevent undue cost to the public and courts for people contesting.

o   Reinstate police names on required annual compensation documents instead of badge numbers for transparency.  “It is for their protection” is not a valid excuse as they are better trained in self-defence then most of the public and need to be accountable like other well paid city and provincial officials.

o   Prevent diverting police officers from other departments to traffic enforcement to try and generate more revenue which has been occurring.

o   Prevent overtime from being pensionable like the rest of Canadian Police Forces so police are not tempted to abuse the public with unfair or unlawful tickets in hopes they will be contested in court.  This is better use of public funds and will increase respect.

o   Compensate police with time in lieu instead of overtime to attend traffic court to prevent the above abuse of the public and public funds that has been occurring.

o   Revoke pensions of politicians and senior officials convicted of serious crimes including breach of trust and corruption etc… This abuse started in at least 2003 and the fact it started and continued this long is clear we need better legislation for prevention and stronger deterrents (this should really apply to anybody convicted of serious crimes)

– Immediately have separate referendums on Photo Radar Enforcement and 30k School Zones as there is no clear evidence either improve safety and include accurate stats as mentioned above.  Include the fact Photo Radar is sending $ millions out of province to a company that has had previous executives convicted of fraud and corruption and that proper red light amber times, speed limits and sign-age using engineering standards have repeatedly proven to improve safety and almost eliminate violations (revenue).  In other jurisdictions where photo enforcement used fairly with signage and amber times following engineering standards there was very few violations (safer for the public) so the program was costing money to operate so was shutdown.  Mobile Photo Radar vehicles are also often parted illegally an present a safety hazard to motorists as well as a source of environmental pollution and CO2 immedtions as they drive to multiple locations in search of a honey hole and are left idling especially in winter.

———————-

myo-mayor@winnipeg.ca

Mr Mayor, Please refer to the attached Free Press article for context.  You were advised of this abuse while you were campaigning for the seat of Mayor – I am now requesting you stop avoiding meeting with WiseUpWinnipeg and make time to meet to review the petition signed by [myself] and over 2000 citizens and to view the powerpoint presentation with compilation of facts evidencing that the WPS and its photo enforcement program are specifically targeting known, dangerous, city of Winnipeg miss-engineering – which should be properly corrected to the traffic engineering standards that all other cities adhere to, for reasons of true motoring and public safety – rather than be advantaged for revenue purposes.  These both hand-delivered to your office and your policy analyst has already viewed during the meeting with WiseUpWinnipeg that you and your head of public works – Janice Lukes didn’t show up to as promised.  It is the same presentation material that was seen by almost all other Mayoral candidates – causing each to support/echo the positions put forward by respecting the enforcement abuse that is occurring in the City of Winnipeg and that the Province has allowed to continue.

This presentation has been shown to dozens of university law classes as well as three leading mayoral contenders – all of whom followed with press conferences calling for an end to the blatant abuses that are clearly established in the presentation.  I suggest it is incumbent you the Mayor to see the petition and presentation.

Also for the sake of your promised transparency I expect to hear publicly the reasoning behind the Cities recent decision to not oppose the appeal of Mr Todd Dube’s know your zone snow clearing ban parking ticket.  Even the Judge referred to the cities actions as “ducking out”.  This is not the first time the City or Province via traffic court have “ducked out” to prevent exposing abusive or illegal enforcement for revenue generation and setting a precedent.  These are documented and available including court transcripts.

Is this the more transparent and reformed City you promised us.  You should be ashamed of yourself and take action to restore some respect and if you can’t then resign in protest of the corruption and abuse you have failed to address. Then we will vote in someone who is willing to fight harder for what they promise and for what Winnipeg needs.

With that – I will expect to receive public news that the you are Mayor have committed your earliest possible date to view this petition and presentation and discuss these serious matters that are affecting not just Winnipeg residents directly or indirectly but all Manitoba residents.

http://www.winnipegfreepress.com/opinion/analysis/ambushing-drivers-in-speed-traps-must-stop-187569521.html

———-

Know Your Zone updates: Dec 15 2015:

WUW had to use Freedom of Information Act request to force the answers out of the city and about Know your Zone and they admit the tickets illegal and that they were advised about it in advance and continued to issue tickets and now refuse to issue refunds.  More to come.

City of Winnipeg violates law with Know Your Zone snow clearing ban tickets and continues to due so even after being advised by their COO

http://wp.me/p1fJaD-co

———-

[Similar can be asked of Mr Steve Ashton – Minister of MIT who’s office was given a copy of the above petition by WiseUpWinnipeg in Sept and asked to meet to view the presentation but to the best of my knowledge has avoided and ignored.]

———

I also suggest we all contact the Auditor General of Manitoba: Norman Ricard at the Office of the Auditor General (OAG) which reports to OUR parliament not the current government and is responsible for investigating misuse of public funds and other abuse by our government.

citizens.concerns@oag.mb.ca

Request they investigate the above abuse of the public, legislation, policies and public funds at multiple government levels.  This needed to help restore public trust in these levels of government and to salvage some of the respect this City including WPS and Province have.  If this investigation indicates intentional abuse there should be consequences including dismissal without severance.  If the investigation uncovers the possibility of criminal behaviour involved then the appropriate independent authorities must be asked to investigate.  If there is convictions of serious crimes we must demand pensions be revoked as per above.

———–

Consider contacting your Federal MP as well and ask them to put pressure on our Provincial and City politicians and senior officials to stop this abuse and reform to prevent it as per above which will at least create more awareness.

http://www.parl.gc.ca/parlinfo/compilations/houseofcommons/MemberByPostalCode.aspx?Menu=HOC

I think our new Prime Minister Mr. Trudeau has his hands full right now but it can’t hurt to include him / his office for the reasons above and below.

http://pm.gc.ca/eng/contactpm

In your own words inform your MP and the PM about these abuses and that many are not unique to just Winnipeg and Manitoba although some are or are the worse in Canada.  Some suitable options listed for reason contacting: Public Safety and Democratic reform.

Suggest:

  • Our Federal authorities be instructed to follow the lead of our neighbours in the US where the US Justice Department has started to investigate and prosecute bribery and corruption by Red light camera companies and related abuse (links and more info below).
  • Enacting legislation at the federal level for some of the above reform to stop and prevent this abuse of the public and public funds across Canada.

———-

For all of them consider including the following in your own words.

It is long overdue to stop this abuse and time for Winnipeg and Manitoba to be leaders in fair and just governing across Canada with the respect they deserve and not be one of the worst.

If no suitable actions are taken we will have to take additional steps to broadcast these abuses.

We hope these will not be necessary as it will only hurt our City and Province’s respect and trustworthiness even further. What we need is meaningful intervention on a political level.

There is a lot more information on this misuse and abuse available if you require.  Please contact WiseUpWinnipeg at [available on request]

—————————

What else can you do.

Check the WiseUpWinnipeg Facebook group https://www.facebook.com/groups/157907491221/ and the website when up for other examples of abuse, what others have done to successfully contest unfair or unlawful tickets.  Unfortunately the previous www.wiseupwinnipeg.com site was hacked by someone or parties that didn’t like all the info and comments provided by citizens abused on the road and in traffic court by these unlawful programs. There is plans to get the site or at least a new and more secure site up again.  The site backups were not complete but what was needed was exported from an online public archive and work is underway to restore the site.

Good Luck and remember to share your experience and responses with WUW and community so we can work together to stop this abuse.

Want more info, references and reinforcement for much of the info above:

– The City of Wpg operating budget 2012 document [ref link needed] highlight line item that effectively tasked police with issuing an additional $1.4 million in traffic tickets.

– City of Winnipeg 2014 financial report [Ref link needed]: Highlight the part about Winnipeg Police do bemoan the fact that traditional traffic enforcement had “fallen short of budget over the last number of years.”  The spike in photo-radar tickets, meanwhile, is itemized as a “cost-saving initiative.”

– ACS is a for profit company and they plus Commissionaires mobile radar operators are supposed to calibrate and test the radar devices used to issue tickets which is a conflict of interest and raises doubt in the accuracy of tickets [references available if needed]

Also below is a draft collection of news articles and related info.  I will try and consolidate this as I have time and publish on the WUW site when it is back up.

 

W5 Episode: TO SERVE AND COLLECT parts 1 and 2:

If you have Bell TV login:
http://www.ctvnews.ca/w5/are-police-handing-out-traffic-tickets-to-meet-quotas-1.1129762

Or if you don’t have Bell or don’t won’t commercials:
Are police handing out traffic tickets to meet quotas part1

Are police handing out traffic tickets to meet quotas part2

Cops Learned – Drivers Didnt – Winnipeg Sun

Drivers fighting unfair tickets in Winnipeg forced to wait until 2017 – Global News

National Post:

Is Winnipeg addicted to traffic tickets? Photo-radar revenue equivalent of $22 bill for every person in the city. winnipeg-traffic-tickets

Winnipeg is hiding school zone signs so it can raise more cash with speeding tickets

Raising revenue on the roads

 

ACS no stranger to corruption and other crimes

ACS Government Solutions is a subsidiary of Xerox as of 2009, formerly Affiliated Computer Services
Here is a long list of corruption and other unlawful or unfair business operations
http://www.sourcewatch.org/index.php/Affiliated_Computer_Services

Unsafe Speed Limits
Our City Council, WPS and Provincial Gov ignoring city hired experts and what North American standards and studies have proven.  See what our City Traffic Assessment dept has published
http://www.winnipeg.ca/publicworks/PDF/Transportation/SpeedLimitsInWinnipeg.pdf

http://www.winnipegfreepress.com/local/Three-councilllors-tell-traffic-board-they-oppose-raising-speed-limits-181035001.html

Minister of MIT and or City Council pass motions so traffic engineers are banned from attending meetings where signage or speed limits are set and to allow them to ignore engineering standards and effectively prevent the Traffic Board from doing its job so City of Wpg doesn’t need to review and increase speed limits as suggested by experts on the board and elsewhere so they can continue to abuse enforcement [ref available].

Quote from Question period on Nov ___ 2012 referencing recent Highway Traffic Board City Speed Limits Consultations
Minister of MIT Steve Ashton “Highway Traffic Board, which is an arm-length’s body. …
Well, Mr. Speaker, I don’t politically interfere in that board”
But he and other Ministers of MIT have repeatedly done so to allow City Council and WPS to abuse enforcement [refs available]

http://www.winnipegfreepress.com/local/painful-limits-reviewed-180094781.html

http://www.winnipegfreepress.com/local/review-of-speed-limits-planned-191171131.html

Speed limits may go up on some Winnipeg streets
Grant Avenue among roads that could have limits increased

 

Similar abuse in other cities and some places it was abolished and criminals prosecuted

Similar abuse was occurring in Missouri, Ohio, Cincinnati, Strathmore AB and other cities until residents forced politicians and or Federal authorities to take action.  We need to do same.

Edmonton where City Council, Police, ACS (and Commissionaires?) also operate similarly abusive revenue generation programs.
http://edmontonjournal.com/storyline/evening-read-this-former-photo-radar-worker-says-the-citys-aggressive-enforcement-is-greasy

New Jersey: Six months after red light cameras are shutdown, safety doesn’t decline but officials & camera company missing the huge revenue loss try to say otherwise but the data ells the truth. http://watchdog.org/224334/red-light-cameras-crash-data/

Former red light camera ceo pleads guilty to bribing chicago official to get $124 M contract/

Another article about same story but gives details that charges and guilty plea expanded to cover at least 1 other state.
Ex Red light camera ceo pleads guilty to bribery & corruption charges in 2 states and probe expanding to many other states

Under the Guise of Safety: A Deeper Look into Chicago’s Speed Cameras http://uchicagogate.com/2015/09/24/under-the-guise-of-safety-a-deeper-look-into-chicagos-speed-cameras/

MB, City of Winnipeg, WPS politicians and officials and senior ACS staff involved in similar abuse here should be very worried about the consequences of their actions or lack of in many cases. Especially with this US Justice probe looking to be expanded to many other states. Hopefully it won’t take long to start having effects in Canada as a lot of the companies involved here like ACS have parents companies in the US.

Perjury and other abuse in Traffic court and appeals court with no consequences

Aug 11 2015: Perjury By officer – Const. Bowen – who is now retired from the Traffic Unit

2 Citizens were in court and they witnessed perjury being committed by an Police Officer and the Judge dismissed the case but without any consequences.   The accused got a few tickets for having no headlights, a rear license plate that was on an angle and also being obstructed by the trailer hitch. The officer – Const. Bowen – who is now retired from the Traffic Unit however appeared (with great pay) to defend the tickets he issued 13 months ago. He opened by stating that he saw this vehicle and pulled it over because he couldn’t read the plate due to it hanging down and being partially obstructed by the hitch. He then provides great detail about asking the driver for his documents and then issuing the tickets. When he was done – the JJP asks the accused if he would like to ask the officer anything in cross-exam. He said yes and then asked one simple question of him. “You were not even there when I was pulled over by a police car for something else, were you?”. Bowen stammers visibly and says – well I guess that would be true – I happened along on my motorcycle and thought I’d see if the officers needed assistance. The JJP rolled his eyes, the Crown stood and threw all charges. So – lets see – Bowen claims that he saw the guy driving – even providing the location – and pulled him over for the plate and other reasons that he said he observed – which was all entirely fabricated. When he turned around and slunk out of the room he passed Todd who said clearly – shame on you.

One of the problems with the undue process known as Traffic Court – is that the police and photo operators can testify that up is down, left is right, black is white and having their testimony trump your actual evidence to the contrary. They plan to publish evidence of those such courtroom occurrences soon. The other issue is that there is no down-side whatsoever to any of them when their sworn testimony is later shown to be false. In fact Bowen probably made $400 appearing at court today. They plan to post the transcript from this trial today.

Manitoba Appeals Judge says City of Winnipeg “Ducks Out” at appeal hearing.

Nov 3 2015:

Summary of Judges Decision:

City decides to not oppose appeal of conviction for Know Your Zone – Snow Clearing Ban ticket that appeal states is in contradiction with the HTA in order to prevent setting a precedent and being forced to refund an estimated $100 Million or more in tickets.

The Judge said “the city ducked out” but there was no judicial process for her other than to grant or deny the appeal and since the city decided not to oppose the appeal the only thing she could do was change the original ruling to acquittal. I don’t know the judicial law or process but I can’t see why she couldn’t have granted the appeal so a decision could be made on the lack of required signs as per HTA. By not opposing they are saying they agree with the arguments in the appeal application (lack of required signing).

However in regards to the issue raised at the appeal hearing that this issue was of great interest to the public she did say “I don’t see this as an issue since the city was not opposing the appeal”. This could be interpreted as any new or previous tickets are not valid since the city does not oppose but a clear decision would have been better. I think this enough to call for the by-law to be fixed or scrapped.

Also this should mean past tickets can be contested by referring to this case or better yet refunded. This was recorded and WUW has ordered a copy of the transcript. This ruling is now part of case law.

Also I think the city should be required to pay the legal costs for the appeal application, hearing and preparation since by not opposing they agree with the argument as mentioned above.

Why should the public have to waste their time contesting? I say this clear enough for us to demand this bylaw be fixed to meet requirements in the HTA or scrapped. I sound like a broken record but we need enough people to contact the mayor and their councillor and demand this and the other abuses stop otherwise they will continue to ignore.

More info:

City of Winnipeg washes its hands of Know Your Zone appeal – Wpg Metro

http://www.metronews.ca/news/winnipeg/2015/11/04/city-of-winnipeg-washes-its-hands-of-know-your-zone-appeal.html

———–

KYZ Updates Dec 15 2015: WUW had to use Freedom of Information Act request to force the answers out of the city and about Know your Zone and they admit the tickets illegal and that they were advised about it in advance and continued to issue tickets and now refuse to issue refunds.  More to come.

City of Winnipeg violates law with Know Your Zone snow clearing ban tickets and continues to due so even after being advised by their COO

http://wp.me/p1fJaD-co

————-

Update on abuses in Traffic Court: Mar 22 2016

MB Politicians, the MB Justice Dept and City of Winnipeg via Traffic court are continuing to duck out of addressing serious issues with Photo Radar Enforcement

http://wp.me/p1fJaD-c3

—————–

 

 

Appeal of speeding ticket conviction due to inadequate speed reduction signage as per HTA

Nov 4 2015:

Single sign instead of the dual (both sides of dual lane road) which is against like engineering standards state and that every other major City in Canada use and limit not set according to engineering standards and proven to reduce violations and improve safety.

The Judge didn’t understand the argument and this may be cause for appeal which is being seeked.

She put the onus on the accused to try and prove that they couldn’t see the sign.  That is completely unimportant.  Section 95-1 of the HTA says that they cannot ticket without proper signs.  So, if signing isn’t proper, it doesn’t matter if you walked in and said you were the only car on the road and saw the sign as plain as day.  If it’s not reasonable signing, they cannot enforce it.  That would be like taking a case where the police didn’t have a search warrant and instead of addressing that issue, saying that you have not presented any evidence that you didn’t actually have the drugs.  It doesn’t matter whether you did or didn’t because the point is, they had no right to search.  In this case, without proper signs, they had no right to ticket whether you saw the one sign or not.

She’s was stating the 50 unless otherwise posted was applicable.  This is not a 50 sign but a speed reduction sign and the 50 unless otherwise posted signs have absolutely no bearing on this argument.

More evidence of similar abuse around the world and how it is being shut down or protested against.

These “safety” cameras and similar unlawful programs are so popular – they make the news almost every day around the world.  But increasingly, for a different reason (vandalism). No camera program in the world has ever supported their industry claim that these cameras improve safety. Although they have tried – and been caught every time with their false claims including altered data – which public relations help usually comes direct from their city partner – either city hall or it’s police department.  These partners in fraud will be put out of business in this city as well. That will come with our continued pressure with the facts – supported by a new provincial government with some moral fibre.  More and more are being shutdown by being voted out or like several in the US after Justice Department has prosecuted red light camera companies and public officials for bribery and corruption and related abuses.

http://www.thenewspaper.com/news/48/4828.asp

Abuse by those in power with more ignoring, lying or misleading is making some revert to or suggest civil unrest in order to protest

We agree with others that this leaves us few options other than civil unrest and a class action law suit.  https://goo.gl/cKgDq4

Consider taking it a few steps farther to help put more pressure on the system so they have no choice but to make it fair or scrap it as it will lose money if operated fairly:

Because there is so many fundamental issues with these programs and types of traffic tickets everyone is encouraged to plead not guilty to these alleged offenses, contest in court, if convicted appeal and if unsuccessful consider appealing to a higher court or not paying. If enough people do this it will be clear there is serious issues with these programs and they will have to fix or cancel. If our appeal(s) denied or we lose our appeal(s) and don’t pay what will happen? Suspend our licenses? Then plug up MPI with show cause hearings or contesting license suspensions. If they don’t agree we take it to the ombudsman. If we still don’t get a response we can always see if the bus is an option or car pool with payback after getting licenses back or if weather ok those that are able should try and ride a bicycle more anyways, help the environment, save money and wave & or smile when passing the traffic backed up, the radar trap or mobile photo radar camera operators.

Rough guide to contesting and appealing these unfair or unlawful traffic offense:

 

As soon as you get the ticket

Before you go to trial

Once it goes to trial

Appeal process details

Remember it is an alleged offense until proven in court or is supposed to be unless you let them abuse you by pleading guilty and just paying or contesting but let them get away with abusing your rights in court and not appealing.

– As soon as you get the ticket:
– Photocopy the full page including the location they have conveniently tried to hide at very bottom in small print with payment slip on back in hopes you pay and then can’t find location when you hear about others getting scammed or get a 2nd ticket shortly after.
– Send copy of ticket or details to WiseUp Winnipeg [submission details to be added]. The sooner the group sees tickets the sooner they can identify extreme or clear abuse and take action to stop specific abuse locations or tactics and give advice to those already ticketed.
– Check to confirm if there is proper signage. Often there is not and they purposely target these areas instead of fixing as they generate more tickets. Take photos.
– Check the Wise Up Winnipeg community to see if others have reported signage or other issues etc… if needed check the HTA for requirements [reference link required]
– Wait till a day or 2 before the due date on ticket and plead not guilty by post or last day and put in drop box at 373 Broadway and save postage if not self addressed. If you are not the registered owner be sure they fill in the section to authorize you to handle the matter in court and sign.

You should get a letter in mail sometime after (varies but usually within a week or 2) with your trial date and don’t be surprised if it is over a yr away as mentioned above.

– For photo enforcement speed or red light tickets:

* You should get a package with large color photos and certificates of calibration etc…
– If less than 30 days before trial contact the crown on the # provided and demand your right to more time to prepare. You often get voicemail with the name of who will represent the Crown at your trial. Often an assistant or student. Leave message and send email with [1st name].[Lastname@gov.mb.ca].
* If you didn’t receive package or didn’t get by registered mail or were denied adjournment to prepare and want to push the abuse back consider asking for adjournment at trial due to not receiving. This gives you more time to prepare.

If the trial is an unreasonable amount of time away and you don’t want more time to prepare advise the crown the delay is a violation of your rights guaranteed to you under the Canadian Charter of Rights and Freedoms, Section 11(b) “to be tried within a reasonable time” and ask for an earlier trial.

Check for names and errors on certificates.
– Many tickets were issued and approved by WPS officer who had been dead for some time (ie rubber stamped) [refs needed]
– Note name of operator and or calibration tech for subpoena.

Check amber light timing for red light cameras or speed calculation errors. Less then x seconds for x speed limit proven to be inadequate to stop safely, unsafe and cause more accidents [refs needed: transcripts of successful challenge in MB & decision in other courts but they may only accept MB trials?]. Distance traveled in the time provided or loop distance… [refs needed]. If needed use something of known size in before and after pics. Be careful of traffic etc… if returning to site to take photos.

For more info see the section above “Red-light amber times shortened increases violations and revenue at the expense of more rear end collisions and injuries but senior officials at WPS, the City and Province ok with ignoring this.

There is several suggestions here for preparing to go to trial, at your trial and your appeal if needed. Some apply to certain types of tickets but many can be used together. What you choose to pursue depends on your preparedness, confidence and willingness to defend your rights.
Best case cop or operator not present so you should get off without having to wait, Crow prosecutor drops for other reason or you contest and win. Worse case you lose or change plea at court. Either way you can ask for a reduction in the fine (frequently up to 50% less and more time to pay but we encourage you to defend your rights as much as possible to help stop this abuse.

 Before you go to trial
Contact the Crown:
* Officers or Operators have been required to attend your trial and if they didn’t show your offense was dropped but Our Selinger NDP elected government plans to amended our laws to take this right away from us but so far it hasn’t taken effect. They plan to late 2015 (see news link below)

– If needed Subpoena the cop, operator or tech who operated and or calibrated the radar device. They will schedule a time for you to talk to a magistrate who has to approve this. Tell them it is your legal right to ask this person some questions about your alleged offense as they were involved in accusing you or in providing evidence used to accuse you.

* Ask for the training manuals for the calibration, testing and operation of the radar devices as mentioned above. Question any excuses they give.

* Advise you plan to use:
– The “City of Wpg Audit of Photo Radar Enforcement Program” Document at trial [Need to confirm if certified copies required from City Archives]. See link and more info above.
– City of Wpg operating budget 2012 [ref link needed].. highlight line item that effectively tasked police with issuing an additional $1.4 million in traffic tickets but you don’t need to advise them of this part yet.
– City of Winnipeg 2014 financial report [Ref link needed]: Highlight the part about Winnipeg Police do bemoan the fact that traditional traffic enforcement had “fallen short of budget over the last number of years.” but you don’t need to disclose this part yet.

– If your ticket from school zone not properly marked or not actually adjacent to a school zone which is often the case (at least Henderson at ____ or Pembina south of Manahan and …)
*Transcript of the October __ 2010 hearing against David MacKay justice of the peace Weldon Klassen states: “I find it’s not properly a school zone, based on the fact that the school is not adjacent to the signage.
“You simply can’t put a school zone sign up there if the school’s not adjacent to the sign… now having said that, then the (camera operator) wasn’t properly deployed in the area, so I do have to dismiss the charge.”
[Other references available].

State that ACS and similar companies have lost contacts in the City of (Strathmore AB? and ….? and ) for operating unfairly or unlawfully and or due to program costing taxpayers money and being voted out.
[refs available and more needed] .
Cincinnati’s voters threw Redflex and its cameras out in a 2008 referendum. See link above [document of referendum available? and admissible?].

– If they give same excuses as mentioned above demand to speak to a magistrate to contest their decision. If they refuse then take it to trial and request again to have it on record and question any excuse given. Then appeal if convicted as mentioned below.

If these things take more time to prepare than you have before your trial use your right to ask for an adjournment to prepare.

– If the crown see’s you are determined they may drop the offense. Celebrate but be sure to share this with the WiseUp Wpg Community and others and if this continues enough it will raise the alarms and help raise support for this cause. Save any paperwork from the trial or package.

Once it goes to trial:
On the Manitoba Justice website it says the following about traffic court and witnesses.
———————————————-
At your trial
The Crown Attorney will present their witnesses first. The witnesses will be asked questions about the incident. After each witness has been questioned, you have the opportunity to ask your own questions, although you do not have to do so.

This is not the time for you to give your explanation. You are only allowed to ask the witness relevant questions. If you want to present documents, you must show them to the witnesses while they are on the stand. When the last witness has been called and the Crown Attorney has presented their documents, you may call witnesses you have brought with you.

When your witnesses are testifying, you will ask the questions first and then the Crown Attorney can ask your witnesses questions.

When your last witness is finished, or if you have none, you may choose to testify yourself, but you do not have to do so. The Crown Attorney may also ask you questions. Any documents you have brought should be presented to the court clerk while you are on the stand.

Make sure you ask all your questions and give all your information because you will not have another chance to speak. If you forget to ask something important or you forget to tell the court something and the case is closed, you do not get another chance to speak. Just as the Crown Attorney is not allowed to reopen their case if they forget something, an accused cannot reopen their case.

When you are finished, the court will give its decision, called a verdict. The court can decide anything from dismissing the charge to imposing the maximum penalty. ———————————————-
Premier Selinger and our NDP Gov plan to change our laws so our accusers do not have to be present to question. If this is allowed use your right to request subpoena (s). More info above.

If you have not requested adjournment and had to wait more than a reasonable amount of time for a trial you can try pleading that the alleged offense occurred to long ago to recall the events clearly [refs available, see above or below].

If Photo Radar Enforcement (PRE) ticket state you intent to raise doubt in the accuracy and legitimacy of your ticket and processes used to issue it.

If traffic ticket: photo radar or not, state you will raise doubt of the legitimacy of the entire PRE program or WPS traffic enforcement practices since you can provide overwhelming evidence that it is a FOR PROFIT and NOT a for safety program or practice which is unlawful and contrary to what is required in the amendment to the HTA for PRE [reference available].

Produce:
– The City of Wpg operating budget 2012 document [ref link needed] highlight line item that effectively tasked police with issuing an additional $1.4 million in traffic tickets.

– City of Winnipeg 2014 financial report [Ref link needed]: Highlight the part about Winnipeg Police do bemoan the fact that traditional traffic enforcement had “fallen short of budget over the last number of years.”

The spike in photo-radar tickets, meanwhile, is itemized as a “cost-saving initiative.”

– If fixed speed and or red light camera advise that this part of PRE is contracted out to ACS [above mentioned PRE Audit document].

– That ACS is a for profit company [reference needed?] And they plus Commissionaires mobile radar operators are supposed to calibrate and test the radar devices used to issue tickets which is a conflict of interest and raises doubt in the accuracy of tickets [references available if needed]

Tell the Crown and Magistrate it is unlawful for the Crown, WPS or ACS to profit from your conviction [research needed here to reference such law in court and to be able to object when they counter with….]

State that ACS and similar companies have lost contacts in the City of (Strathmore AB? and ….? and ) for operating unfairly or unlawfully and or due to program costing taxpayers money and being voted out.
[refs available and more needed] .
Cincinnati’s voters threw Redflex and its cameras out in a 2008 referendum. See link above [document of referendum available? and admissible?]. If not try and raise in court to help raise doubt.

– ACS parent company executives fined or convicted and imprisoned for fraud and … [refs below and more needed]

If red light or speed camera ticket then mention any errors you discovered and if none than mention conflict of interest regarding calibration and testing (see above) and other cases where errors proven [refs available]. If the amber time is less than recommended as per above then raise this and reference trial where this precedence set [transcript available).

If you were denied subpoena before going to trial ask again to get it on record and state why it is your right as per above. Question any excuse.

If they did attend ask them about training and certification including dates. Criminal record [if allowed to ask this]. If they ever go for coffee instead of calibrating and testing or too tired to do it and just used as is anyways or checked off they calibrated and tested even though they didn’t.

Ask if they can get a bonus in money or gifts for more tickets issued or if they ever have a quota to reach. If they have heard of this for other employees?. If they could get reprimanded, fired or miss out on promotion for not meeting quotas? If they ever setup radar in questionable locations that generate more offenses but accuracy might be effected or that don’t improve safety. If they get overtime pay for attending traffic court? If this has ever affected their decision to issue a traffic ticket?

Ask them and or the crown and JP if they ever had or heard of someone with electronics that intermittently didn’t work properly? Give example if needed. Ask if it possible the radar devices being used could have intermittent issues that affect it’s accuracy. [Refs needed]. Especially in our climate and 4 seasons for fixed cameras [refs needed] .

It is important to ask all these question and any more you think are relevant (improper signage etc…) even if you know what they have said to others in the past to object. Question there decision if you feel it is not adequate. This will put it on the transcript and it can be used when you appeal at a higher court where they don’t abuse the accused like traffic court and the Judge is more likely to follow the law and even help you if you are not informed or educated enough in the legal matters.

More info on the appeal process below.  If you are denied or lose your appeal consider appealing to a higher court or not paying in protest as mentioned above.

If you ask all these questions the crown or magistrate may ask for a recess(s) to discuss with more senior staff. The questioning and recesses take up time while others are waiting so they may find some loop hole and encourage the crown to drop the charges as they don’t want to waste more time or risk you appealing and setting a precedence. If this happens share with the WiseUp Wpg Community. If it happens enough times it will raise awareness and get more support for this cause.

If you are not comfortable tackling this in court then ask Radar Rodney or ask a friend or the WiseUp Winnipeg community for advice or a volunteer.
If you have exhausted all your attempts to delay your trial and need more time to prepare and or want to try and push the limits and hand back some of the abuse give an excuse to the crown that you can’t make it. Family matter out of town, Hydro or water meter broken and guy coming down etc… They may ask for email or other proof so do what you can. I am a strong believer in integrity but am willing to make an exception when this abuse of the public and public money is so obvious and far reaching.

If enough people delay trials, contest, and appeal if convicted and not pay it slows the revenue intake. They will have no choice but to take notice and do something to fix or cancel these programs. Is it possible to appeal an unfair traffic offense that is denied appeal to a higher court etc…? If so maybe that is what it takes. Changing legislation so your accuser does not need to be present to question sounds appeal worthy alone.

This and other civil unrest may be the only way to finally put a stop to this abuse and drain on our pockets, the city and provincial economies and stop scaring visitors or event organizers away etc…. (many documented cases of visitors like this saying they will never come back after being abused with unlawful or unfair tickets with ridiculously high fines)

Below is info on the appeal process for traffic tickets if your ticket was unfair or unlawful, your trial was not fair and your rights were abused in court.  It is important to raise your concerns and question their decisions in court to have your appeal heard.

Also below is a draft collection of news articles and related info.  I will try and consolidate this as I have time and publish on the WUW site when it is back up.

Feel free to contact me if you want more info about this abuse or want to add to this or correct any of this info.  Myself and many more are just fed up, want to get the facts out and have something done.

Appeal process details:

If you are convicted and feel you have grounds to appeal:

You feel Judge made an error in their decision, did not understand your argument or didn’t follow judicial process etc…
Get your trial Disposition sheet from 373 Broadway. Take it to 408 York Avenue. Go to 2nd floor to the Transcriptions office and show them the Dipo and order the transcript. You can order the cheapest method of delivery which is 30 days – and receive by email. You need three copies – one for the filing, one for Justice Department and the other for yourself. You will get those in due course however the system will note them as being ordered.

Then go downstairs and pull a number and stand in line. Ask for the paperwork to file a traffic court appeal. It will take you a few minutes to complete. Take them back to the counter and they will stamp them and keep one (also charge you $35 to file) – the other you have to deliver/serve to the Crown’s/Justice office at 510 Broadway (5th flr). They will receive copies of the transcript that you ordered later.

You will then get a letter from 408 York to attend Assignment Court on a certain date/time. Attend at 408 York courtroom specified on that date and you will stand with the Crown to set a date for the appeal to be heard. That could be months away. You will be instructed at Assignment court to file a factum with the Crown and Justice (same two place/locations) by a certain date. A factum is a capture of the points you will be raising at trial. Those points cannot be new points or any other subject matter that wasn’t on the record at traffic court – that’s why asking questions including any decisions made at trial and the transcript is necessary. You have to describe in legal terms where the Crown and or JJP was in error in process and/or decision.

As an example if you brought up an error in the calculation of speed from the details on the photo and ticket and the crown or JJP didn’t want to explain the math that was used to convict you. In the factum you would want to describe the Crown’s duty to explain the math that they relied on for their accuracy claim. Or the signage was not as required in the the HTA and they dismissed this in your trial etc… If you didn’t ask them to explain it – but you entered it in argument as a point. e.g. You could take the position that you got tripped up in process however that your point should have been considered.

[more references above and available]

Oct 2015 – Original Post

Mar 24 2016 – Partial update (see the following list of revisions)

Revisions:

Added additional info about Mobile Photo Radar under “Immediately have separate referendums on Photo Radar Enforcement and 30k School Zones”

Added: “Know Your Zone updates: Dec 15 2015” info under: “Mr Mayor” and “Manitoba Appeals Judge says City of Winnipeg “Ducks Out” at appeal hearing.”

Added: “Updates on abuses in Traffic Court: Mar 22 2016”

 

 

About Kevin Yaworski

I use my blog to write about things I find interesting or that I think are matter of public interest.
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