Posted Mar 22 2016
Updated Apr 30 2016
Dear Fellow Concerned Citizens of Winnipeg and Manitoba. I encourage you to make the time to read this in full as there is some important news regarding what transpired in traffic court yesterday that can help you or others successfully contest abusive or illegal traffic tickets in advance or in court and other important news that is affecting all Manitobans.
Read to find out the facts that those who are allowing or ignoring this abuse dont want you to use in court because they afraid of the consequenses to having these facts put on the record!
I encourage you to use the following facts to contest any alleged photo radar traffic offences but some of it also applies to other unfair, abusive or illegal traditional traffic enforcement offences.
I also encourage you to contact your current elected and appointed officials as well as the media and provide them with this updated info in your own words. Ask what they plan to due about this abuse.
More people need to get informed of the facts and when it becomes clear take action to stop this abuse and make those responsible accountable. We have asked the public to contact their elected and appointed officials and many have done this but these officials continue to ignore us.
Please share this info online and by word of mouth with as many fellow citizens as possible and ask for their assistance to help stop this abuse, make those responsible accountable and prevent this and similar abuse from happening in the future.
We need more vocal people taking action. Some of those responsible for this deliberate abuse re-elected or are still appointed. Don’t wait till the next Provincial or City election where those responsible for this abuse or ignoring it get fired (not re-elected or quit knowing they will not get elected) and get off scot-free with fat severance and pensions.
I corrected to say “some” as there is a few Politicians and officials that are good and have supported stopping this abuse. Including Honorable MLA Ron Gerard who has at least raised the issues with Photo Radar in question period and spoke against it publicly. Unfortunetly he is only one voice and was ignored by the majority. He is one of the few that deserves the title honorable. We can’t generalize as we are less likely to get the support of him and others that have the moral fortitude to do the right thing. If we call all of them rotten that is what we are more likely to get.
Some Politicians and Officials at MB Gov, the MB Justice Dept and City of Winnipeg via Traffic court are continuing to duck out when accused use facts to contest illegal traffic tickets to hide their deliberate abuse of the public. They are doing this instead of addressing serious issues with Photo Radar Enforcement.
Many people in Winnipeg and Manitoba are fed up and are contesting some of the approximately 120,000 alleged photo radar enforcement offences issued in the last 12 months. Similar and sometimes higher in previous years since 2003. Many traditional traffic enforcement tickets are being contested. Why are there so many more people contesting g then in the past or compared to other jurasdictions with much larger populations? The reason is many are issued unfairly or illegally due to locations being enforced not compliant with the HTA and other serious issues.
This has caused the courts to be backed up by over 18 months. This is a huge drain on our limited Justice System resources that are desperately needed for more serious matters. Similar has been happening for several years now.
Worse the crown is continuing for over a year now to call accused in advance or in court before trial and offer half off deals to convert from not guilty to guilty which is akin to bribery and is unacceptable 3rd world behaviour.
I had contacted the Crown prosecutor assigned to an alledged fixed photo radar speeding ticket that I was challenging for someone. I advised the crown in advance of several serious issues with the program and ticket.
I took time off work yesterday to attended trial and fully expected the case would be heard in full with all the arguments I had prepared so a decision could be made since this case is of great interest to the public.
The Crown waited till I came down to court to say “I have some good news for you, your file has grown very large and some how disappeared and we are entering a stay…” I objected, stated my concern that this natter was of great interest to the public and needed to be heard.
He said I have no say in it as it is at the Crown’s discretion to stay if they choose but he decided to let me speak to the JJP but made me wait till the 2nd last person in court room.
After being made to wait I got a chance to object in front of the JJP but she repeated what the crown said word for word and closed with “the matter is done and nothing I can do.”
This is the 2nd time the Crown or a JJP has done this to me personally with alledged PhotoRadar tickets and they have ducked out the same way for other people I have spoke to that are well prepared to contest PR tickets.
The City did the same with a Know Your Zone parking ticket that was taken to appeals court and they ducked out which was well covered by the media. Later Freedoms of Information Act requests showed the city discussed the matter and we’re advised by their lawyers the tickets did not comply with the HTA. They choose to not contest the appeal instead of allowing a decision and face the consequences.
Yesterday the Crown choose to enter a stay (drop offense) after I raised the issues listed below. These are similar to what I used another time they stayed an alledged photo radar offence I contested a few years ago. That time I didn’t disclose what I was planning till I got to trial and the Crown let it go to trial. Then the JJP kept asking for recesses which I assume was to go talk to someone more senior. Then finally recommended the Crown drop based on a decision about certs from a higher court which I think was just an excuse in case I brought the same facts or arguments to appeals court.
This time I contacted the Crown in advance with the following but he ignored till I contacted him again the day before triak and he called me to discuss my arguments. He didn’t say he would enter a stay to the offence on the phone or by email and waited for me to show up. He was probably hoping that I wouldn’t show up.
Here is what I advised the Crown of in advance of attending court which resulted in them entering a stay (i.e. ducking out and dropping the matter to prevent future exposing of this abuse). See more of my questions and the Crowns responses below.
I plan to bring into question the accuracy of the Photo Radar being used as well as the training process for technicians doing the calibrating and testing. This ticket was for only a few KPH over the limit and Xerox / ACS have acknowledged there is a 5 – 10% inaccuracy plus in court it has been proven to be up to 50% inaccurate.
I am requesting the following documentation to prepare for trial which I was hoping you can email me or provide me with the info of where to obtain so I can review it to prepare.
– Training manual for operation and calibration for the fixed photo radar used to issue this ticket.
– Proof of adequate training for the technician who calibrated and tested the above photo radar device.
I believe the technician may not have been provided this or trained properly.
I have several questions regarding this training, calibration and testing.
If you can’t provide these I would request an adjournment to allow me to subpoena the technician that did the calibration / testing. I have several questions for them.
Also I will be referring to the following at the trial:
– Photo Enforcement Program Review Final Report February 2006
This document also mentions the following so if this is included and useful info I may refer to it as well:
Photo Enforcement Program Performance Audit Preliminary Survey Report April 2005
– City of Winnipeg Budget documents available online from the City of Winnipeg website
– Documents identifying the known inaccuracies mentioned above
– Several articles about the City and Provinces Photo Radar program from several Canadian and Winnipeg news papers.
If you need to discuss this please feel free to call me on either number below.
I also questioned the Crown in advance about the following:
The delays of up to 18 months for this and other alleged traffic offences to be heard in court which is against section 11b of the Canadian Charter of Rights and Freedoms – the right to a trial within in a reasonable amount of time.
He said the delays are partly due to peoples requests for adjournments and the others due to high demand on the system. He said addressing the delays using charter 11b is a different matter requiring …. I said to him there is other Canadian jurisdictions with much larger populations and drivers that do not have nearly this many offences and not as many contesting but he chose not to comment.
He said they don’t have the calibration and training documents I requested above and can’t produce them as they are with a 3rd party (i.e. Xerox / ACS).
He said they don’t require the tester for fixed radar to testify as it is not required in the regulations so I said I wanted an adjournment to subpoena the tester and he said he was not willing to grant this as I didn’t give enough notice. I stated again I had requested this previously and forwarded him the email. He said you can raise this concern in court but as stated above they didn’t allow this to go to trial.
He said I can refer to the Audit report above but any news articles will be hearsay and I said how about reports on Photo Radar Enforcement from the Fraser institute and other well respected institutions and experts and he said only if you have the author as a witness.
This would be a waste of time and money as they would just duck out with their tail between their legs like they have other times they pressured to prevent exposing this abuse to more victims.
The arguments above and related (see links below) could be used to question the validity and legality of the entire Photo Radar Enforcement programs (Fixed and Mobile) and other abusive and often illegal traffic enforcement which are clearly shown to be revenue driven and not the required and claimed public safety improvement.
** There is a lot more evidence available of this abuse including deliberate hampering or dismantling of the Traffic Review Board, ignoring Conditions of Authority in the HTA and other provisions in the HTA meant to prevent abuse, improve safety of the public and even more serious matters like cover-ups of sign-age deficiencies that caused loss of life even though these deficiencies repeatedly brought to light. Several politicians and senior officials have seen and are ignoring the evidence or refusing to see it and much more. Much of this required Freedom of Information Act requests to obtain which in itself should be a concern.
In my eyes these facts and evidence and recent repeated behaviour proves they are all guilty. All the Politicians, appointees, JJP’s, Crown etc… involved know this is wrong and are ok with defrauding the public of 100’s of millions since 2003 and the cascading negative effects this has and is having on our economies, the trust and respect the public have on our police and governments. Unfortunately we are not the only jurisdiction affected by this but we are one of the worst. The US Justice department has started taking action and has prosecuted and convicted several red light and speed camera company executives and their political partners and are continually expanding the scope of this. Our Federal Justice department needs to take their lead and start to do the same here.
I have contacted several media outlets and will post this info elsewhere online and when enough victims contest these abuses in court using these arguments those responsible will have no choice but to hear one of the cases or address the issues.
If this doesn’t work there is support to take this more seriously and start a crowd source funded class action lawsuit so the City, Province and Xerox / ACS can’t keep ducking out and those responsible for allowing or igmoring this abuse made accountable
There was talk about taking this action in the past but it was hoped this would not be necessary and would only damage the trust and respect the public has for our police and governments but this has gone on far to long now
Many people are fed up with this abuse and not just drivers that have been victimized. Everyday more people are seeing the injustice and corruption in this abuse. The public doesnt want to wait till the next provincial or city election and want to force a formal independent investigation and demand real consequences for all those involved especially the senior people allowing this to start and continue or ignore even after the facts repeatedly presented.
I am hoping you can help. I know your are working on many important matters. I request you spend the time to read the facts and the evidence and make this a priority. The consequences of this abuse are far reaching and go much deeper than many realize. This abuse is eroding some of the fundamentals of our Justice System and Charter of Rights and Freedoms and some of the legislative changes the MB Parliament with NDP majority passed recently but not implemented yet will erode this even further and will surely be challenged if implemented.
I look forward to hearing from you.
If you want more facts and want to know what you can do to help and to share here is a link to this post plus 2 more posts with more details of this abuse.
These are draft but plans to formalize and post to an official website.
Demand a stop to this fraud and abuse of the public, public funds and our Justice System in the guise of safety
This post is more reform based with some of the facts and encourages others to take action
Fraud and Abuse of the public, public funds and our Justice System and a rough guide to contesting or appealing unfair or unlawful traffic offences
This post is more informative of the facts and also encourages others to take action