Demand a stop to this fraud and abuse of the public, public funds and our Justice System in the guise of safety

Nov 11 2015 – Kevin Yaworski

http://wp.me/p1fJaD-8o

More people need to get informed of the facts available about this abuse in Winnipeg and elsewhere in Manitoba of the public via unfair or unlawful traffic enforcement, in the courts, the justice system and more.

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.

We also need to demand a public vote on Photo Radar and 30k  School Zones that includes accurate and complete safety improvement stats and other important details so people can make 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.  This has been going on since at least 2003 and has continuously gotten worse so it is long overdue for reform and to make those responsible accountable.

To learn at lot more facts of this abuse see this post.  Don’t forget to come back here and see what you can to do to help stop this abuse.

Fraud and abuse of our Justice System and rough guide to contesting and appealing unfair or illegal traffic offenses

I suggest you contact our elected or appointed representatives or officials (Premier, 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:

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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, 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-occurring 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 By-laws 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 (both of which have been occurring).

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 the powers of Traffic Review Board, listening to the experts on these boards and preventing the disabling or hampering of the board.  There independent recommendations 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 and road safety issues in Manitoba.

o   Enforce provincial and applicable federal judicial laws in traffic court to prevent the abuse of the public that has been well documented including perjury and others as tens of thousands of people are contesting after approx 120k tickets issues in a 12 month period and that just photo radar.  Thousands of traditional enforcement tickets issued.  In many documented cases these abuses in court have been committed by the crown, magistrates and witnesses and when proven there has been no consequences.

o   Change fines to be in line with the rest of Canada instead of up to 6 x higher and prevent the crown from continuing to offer reduced fines in exchange for guilty pleas.

o   Prevent traffic enforcement vehicles from parking in no parking zones to issue tickets.  They are not “emergency vehicles” in this capacity and the no parking zones are there because it proven to be unsafe to part there.  There is video available of photo enforcement vehicles on busy street illegally parked and several near accidents.

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 illegal 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  Repeal Know Your Zone Snow clearning parking ban bylaw which is aginst HTA signage requirements and city agreed by way of not opposing appeal of ticket on Lipton St to Todd Dube (hearing Nov 4th 2015), transcript available.

o   Revoking pensions of politicians and senior officials convicted of serious crimes including breach of trust and corruption etc… Several of these abuses started in at least 2003 and the fact they started and continued this long is clear we need better legislation for prevention and stronger deterrents (this should really apply to any public employee 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.

– It should be very concerning that in a country like Canada we even need to demand these reforms as there is laws in place already to prevent these abuses.  They just being ignored with no consequences.  Just goes to show how far we have allowed this abuse to go.

*** For these reasons the OAG and City Audit dept need to be given more independence, resources and power to prevent and punish these abuses and others.
As well as strengthen the oath of office signed by all politicians and officials to better protect the public from these abuses and highlight the consequences of breaking the oath including loss or reduction of pension depending on crime or abuse etc…

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myo-mayor@winnipeg.ca

Mr Mayor, Please refer to the link to 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 honor your campaign promise to all Winnipeggers of better TRANSPARENCY and 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 Luke’s 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 1st 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.

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 all Winnipeg residents directly or indirectly.

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

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[Similar can be asked of Mr Steve Ashton – former 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. Contact current Minister of MIT to advise him of this abuse and what he plans to do about it.]

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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 of the public there should be consequences including dismissal without severance for those involved.  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.

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Include contacting your Federal MP and ask them to put pressure on our Provincial and City Politicians and Officials to stop this abuse and reform 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 or 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 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 corruption and abuse by Red light camera companies and related abuse (links and more info below).

–          Enact 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.

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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.

There is also clear support for a class action lawsuit against the City of Winnipeg and Province of Manitoba to address these abuses in court.

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]

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More more info see:

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

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

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

The following was added to provide the contact info and details of independent agencies already in place for reporting abuse of authority by police officers.

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I dislike low washer fluid tickets and similar. There is definitely some officers and operators that take the abusive traffic enforcement direction from above and run with it and I have been told some have openly said something along the lines of I issue bad tickets and it is up to the courts to sort out. Then they hope you contest so they can get OT if off duty which is pensionable.

Whoever experienced this or any direct abuse by an officer or operator I encourage you get their name, badge and or vehicle # and to contact the appropriate independent authority to report them:

Maybe if enough people file complaints with them about the many unfair, abusive or illegal tickets these authorities can help us bring positive change.

We must not forget that officers that behave like this are by far not the majority.

The Law Enforcement Review Agency (LERA) is an independent agency under Criminal Justice. If you have a complaint against a member of a municipal police force in Manitoba, you have a right to say what happened and be listened to. The Law Enforcement Review Agency is an independent non-police agency mandated to investigate public complaints of abuse of authority by on-duty municipal police officers, under the authority of The Law Enforcement Review Act.

420 – 155 Carlton Street, Winnipeg MB R3C 3H8, In Winnipeg phone 204 945-8667 Outside Winnipeg, call toll free at 1-800-282-8069 Fax: 204 948-1014

Email: lera@gov.mb.ca

Commission for Public Complaints Against the RCMP

The RCMP has its own independent complaints process. If you have a complaint about an RCMP officer, visit this website.

https://www.crcc-ccetp.gc.ca.

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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