WiseUpWinnipeg Pinned Post

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JOE BRYKSA / WINNIPEG FREE PRESS WiseupWinnipeg leaders Todd Dube, left, and Chris Sweryde holding signs on the roadside in Winnipeg-May 30 , 2016.(see orginal story featuring photo from Gordon Sinclair in another post)

Apr 25 2016 – Kevin Yaworski – WiseUpWinnipeg – http://wp.me/p1fJaD-du

This is a copy of the WiseUpWinnipeg’s pinned post which can be found here along with comments – Updated Nov 2 2016 – Partial Update

A few important posts combined into one for WiseUpWinnipeg’s pinned post for the public to view, members to comment on and share. For more info on the groups purpose and rules see the groups description section of this page. This is a collection of information provided by different members and is frequently updated.

If you see posts that are against group rules or suspicious posts please report them to an admin immediately using the options on the post or comment. Beware of posts on Facebook or elsewhere redirecting you via gifs or other links to 3rd party pages. Some have been found to try and compromise your account. Be cautious and do not open gifs or links in posts unless they are from a known and trusted source. Keep your device up to date with security updates etc…

Here is detailed information and links to several good videos to help inform the public of the reforms we are advocating for and what we stand against regarding proper use of the WPS, MB Courts, public funds and services by the City of Winnipeg and Province of Manitoba. What actions are allowing $afety revenue generation (unlawful taxes as fines) at the cost of true public safety and properly addressing serious crime.  What some of the senior people at ACS, WPS, MPIC, City Hall and the Province are avoiding addressing to allow this to continue.

– CAN WE MAKE DRIVING IN WINNIPEG SAFER?
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Please share!
WiseUpWInnipeg is here for productive sharing of news and information about traffic and parking engineering, signage, enforcement and promoting fair or lawful behaviour by ACS, WPS, WPA, G4S, City Hall, MPIC and the Province related enforcement and exposing when this not done. We are advocating for the Province of Manitoba (including the City of Winnipeg) to amend the HTA and City Bylaws to require compliance with National Traffic and Engineering standards (MUTCD) required by law in Ontario and elsewhere but being ignored in Winnipeg. To share local information, and info from other jurisdictions related to exposing abusive traffic and parking enforcement and related.

Administrators work to keep this focused and on point. The focus is on keeping informed, on intelligent debate, on civil communication, no personal attacks, no swearing or derogatory works, no disparaging of others… including police.. This page has grown very fast because of recent media attention to the subject, and that has brought out some of the unfortunate parts of the internet, which does not represent what WUW is. We trust the majority here will appreciate the group’s efforts to keep the page on track, and your support is greatly appreciated.

Special Thanks to Robert Grancich for taking the time to create this video and post it.
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Summary of the serious issues related Photo Enforcement in Wpg & elsewhere including recently from California – Todd Dube
https://www.facebook.com/groups/157907491221/permalink/10153779682511222
Report: No Safety Benefit From San Francisco, California Cameras
Annual report shows engineering improvements beat red light cameras for safety in San Francisco, California.

https://www.thenewspaper.com/news/50/5071.asp

– Important info about many of the alleged traffic offenses being issued in Winnipeg including some new information
http://wp.me/p1fJaD-pZ

– Unlawful fines as taxes and what you can do about it! – http://wp.me/p1fJaD-vJ

– Grounds to request breach of charter and legislation issues and even more serious issues be addressed in Manitoba
http://wp.me/p1fJaD-rR

– MPIC diverting Millions to Police for $afety initiatives…
http://wp.me/p1fJaD-og

– Enough is enough with the out of control spending by MPIC & WPS …
http://wp.me/p1fJaD-iz

– School Zones faqs – http://wp.me/p1fJaD-nw

– The International “$afety $camera” Industry – Todd Dube of WiseUpWinnipeg Breaks it Down! on YouTube – https://youtu.be/MhTzRf0lklo

– Watch “What Mainstream Media Won’t Let WiseUpWinnipeg Say – Todd Dube Tells All!” on YouTube – https://youtu.be/AFSDF3WcwPU

– To Serve and Collect – W5
W5 – To Serve and Collect:
Are police handing out traffic tickets to meet quotas
part1 – https://youtu.be/yvzrzCpZTHw
part2 – https://youtu.be/7n4I9LAl0sc

– Speed Kills Your PocketBook
This video went viral and was the main driving force behind safe and proper speed limits being restored in BC. This ended the speeding violations epidemic that was occurring due to artificially lowered speed limits.

– Jon Butcher, ACS / ATS and Photo Enforcement in Winnipeg, Edmonton, Washington D.C and elsewhere – including what the spin doctors don’t want you to know about including dangerously short 4 sec amber coverup, ACS operating 311, Xerox avoiding fall out and more
http://wp.me/p1fJaD-mW

More details below on some of the links above and for the following:

Summary of several sections with more detail on each below
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– WUW Leaks

– Have an unfair or unlawful traffic or parking ticket and want to know what you can do or what that is?

– Trial delayed 4-6 months or more than your Charter Rights are being ignored and you can challenge this with Charter 11b (updated Nov 1st 2016)

– Dangerously $hort Yellow Light / Amber time issues and cover up

– Accuracy issues with Photo and traditional officer traffic enforcement using radar or lidar

– Summary of serious Traffic Enforcement issues in Winnipeg

– Tools the public can use FIPPA, LERA, Auditors, Ombudsman and more

– Concerned citizens of Winnipeg & Manitoba have been continually ignored or worse for several years and the consequences are much deeper than most realise.

– See Files or Photos or search the group for more info

To share this post outside Facebook or if copying and pasting use the following link to prevent some URL’s from being truncated: http://wp.me/p1fJaD-du
This is interim location until WiseUpWinnipeg Website restored after being intentionally hacked and defaced.

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– WUW Leaks
Please send us a copy of any traffic enforcement or parking tickets or wuw leaks to help us track unfair or unlawful ticketing and help expose abuse. Your identity will be kept confidential and we will not post anything in our group or publicly unless you specify otherwise.
info@wiseupwinnipeg.com

– These two videos are well worth watching
The first is a five minute intro to the second one.
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The International “$afety $camera” Industry – Todd Dube of Wise Up WPG Breaks it Down! on YouTube

Todd Dube covers off the insider deal that ACS got by WPS Sgt Jon Butcher – who was a critical player to having the worst bidder awarded the Winnipeg Photo Enforcement contract – before retiring and lobbying for the contrived red light running epidemic in Canada – and then later being appointed President of ACS Canada. Todd has been loud about this aspect and has been waiting for Jon Butcher to sue him for defamation – so he then can be properly examined in the legal discover process – where the facts will bare out.

Watch “What Mainstream Media Won’t Let Wise Up WPG Say – Todd Dube Tells All!” on YouTube

This is worth posting again. If anybody is wondering what the factual positions that WiseUpWinnipeg is demanding be heard and corrected in the name of actual safety – rather than $afety – then watch this 25 minute video. Please share widely. We have 5,600 members but strive for 10,000 before the court battles begin in September – and the national media attention that follows.

Have an unfair or illegal traffic ticket and want to know what you can do?
Trial delayed 4-6 months or more you can challenge this with Charter 11b?**************************************************************************************

The extent some at the Province, City, WPS and ACS / Xerox are willing to knowingly abuse the public on the road or in traffic court or ignore it is reaching new highs.. These revenue generation programs run with a false claim of improving safety must be stopped and those responsible made accountable.

Some ways to help stop this abuse are:
– Contact your elected and appointed officials at the Province and City and demand this abuse be stopped. Refer to the facts in this pinned post of the WiseUpWinnipeg Facebook page and links within it (a copy here on this blog post: http://wp.me/p1fJaD-du)

– Plead NOT GUILTY to all unfair or unlawful tickets by post or drop box at court office (for Wpg this is at 373 Broadway) on or before the due date. It has been proven that many of the 170 – 200k + traffic enforcement tickets issued every year in Winnipeg are unfair or illegal the way $afety enforcement being operated Not sure what that is or what grounds you have to contest see more details above and below.

– The worst thing you can do is just pay unfair or unlawful tickets as this is just feeding the addiction our senior politicians and officials have to try and generate revenue at any cots. Just paying tickets you know or believe are unfair or unlawful is only perpetuating the abuse.

– Once you plead not guilty you will be sent a notice of trail date in the mail within a few weeks. Then a discovery package for photo enforcement tickets gets sent to you by AC$ before your trial. It should be at least 30 days but if it isn’t you can ask for adjournment if you need more time to review it and prepare. This package will have at least one larger and color photo, certificates of testing, operator notes and more. On more than one occasion these proved another vehicle close by was cropped out of the original photo on ticket and proof the ticket or operator notes were falsified (location info didn’t match location in photo), no calibration or testing or invalid certificates and more.

– The Crown’s Office has started calling accused about a simple traffic tickets they previously plead not guilty to asking if you want a 15 min meeting to discuss your ticket with a crown attorney. Say you will be asking for information from the crown and that you want the facts to be heard by a Provincial Justice and put on the record.

– They offering to stay some unfair tickets or plea bargain of half off fine to change plea. Some Crown Attorneys have been caught lie about operator or officer being present when they not plus many valid points to argue for many unfair and unlawful tickets. If you well prepared with the facts they may stay / drop in advance or right before trial starts. Worse case if you not well prepared or Provincial Justice ignores the facts you will be offered or can ask for reduced fine and time to pay and likely have grounds to appeal.

– Challenge Charter 11b if you were given a trial date 4-6 months or more away by filing a delay motion application to advise you requesting the matter stayed based on your Charter 11b right to have your trial in a reasonable amount of time. To learn how to do this and about others that have been successful in doing this see the details and court decisions below.

If your case goes to trial or you prefer to deal with the matter without further delay there are several arguments you can use for the many unfair or illegal traffic tickets in Winnipeg especially the way traffic enforcement has and is being operated. You need to let the crown know in advance you plan to argue these points and request any information. To contact them see the info below.

e.g. Calibration and testing manuals and training, accuracy, inadequate amber time and signage as per MB HTA, artificially lowered speed limits against city engineers and standards, city audit reports and city budgets clearly showing that enforcement focus is revenue not safety & contract not negotiated well and a lot more tickets needed or it looses money, 3rd party for profit company calibrating, testing & operating photo radar, lack of accurate and complete safety improvement stats as per MB HTA, subpoena technician doing calibration and testing of fixed camera, and many others. Raise these and they have been known to duck out and stay to prevent the facts getting on the record. For more details see info and links below.

To ask the crown for information to prepare, you can contact them as follows. If you need more time to prepare, are ill or have an important matter to deal with (e.g. to subpoena as per above or funeral etc..) you can request adjournment. In advance of your trial date call the court office and get the crown prosecutors full name and number including spelling and then ask to be transferred to them. If needed call them directly.
Phone: 204-945-3156, Toll Free: 1-800-282-8069 (ext 3156), Fax: 204-948-2023

If you get answering machine for the crown prosecutor leave message and then email them.
firstname.lastname@gov.mb.ca

Share this post on and off Facebook. This post including document download links here: http://wp.me/p1fJaD-gS

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Details for delay motion for challenging Charter 11b (unreasonable delay) Updated Nov 1st 2016
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For several years the MB Summary Convictions Courts (aka Traffic, Parking or Kangaroo Court) has been backed up to 24 months or more. This a result of about 25% of up to 300,000 traffic and parking tickets being issued each year in Winnipeg being contested. This due to the vast majority of the tickets proven to be unfair or unlawful as part of a unlawful taxation as fines $afety revenue scheme by ACS / Xerox, WPS, CoW and MB Gov and more and more of the public getting fed up.

– In R v. Grant (MPPC) May 2015 MB Justice Harvie found in favour of the accused in a simple traffic matter. The matter was stayed due to unreasonable delay. The decision said 4 – 6 months is reasonable for simple traffic matters.
The public assumed they would hear something from the Province regarding this but nothing came.

– Then shortly after MB Justice Devine did the same for similar matter and said 6 months was reasonable.

– Then near the end of the 30 days time limit from the Grant decision the Crown (representing the Province) filed an application to appeal. This application was not heard until Aug and the appeal was not scheduled to be heard til February 3, 2017.

– Then Sept 20th R. v. Yaworski

For more info and what you can do about this abuse see:
Root causes of court delays, dismissals and abuse of the public
http://wp.me/p1fJaD-na
Share this on online and by word of mouth:

To see several comments on this matter:
https://www.facebook.com/groups/157907491221/permalink/10153609266251222/

Filling Charter 11b delay motion for unreasonable delay of 4-6 months or more for simple traffic matter as per R vs. Askov & other MB and Supreme Court rulings

You need to fill out a formal Notice of Application that formally outlines your argument of how the delay has caused prejudice or hurt your case. You need to make 5 copies of it and file 1 with the local Attorney General Office of Canada, 1 with the Crown, 1 with the Court and 1 with the Constitutional Law Branch. Has to be done min. 30 working days prior to your court date but see note below about checking for earlier court date. Addresses below.

Keep a copy for yourself. You also need to have your copy stamped by each office confirming they have received it, and you reference or include any case law that supports staying your case for the delay. Such as R vs Askov, and the recent cases.

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** You may not need to do this part: see update below regarding Jordan (SCC)
You need to file your own statement (Sworn Affidavit) with it stating how the delay has hurt your case and then you need to put that into an affidavit signed by a Commissioner for Oats, Barrister and Solicitor (Lawyer) or Notary Public. Some charge $50 but check around. It is definitely technical. If you don’t have the signed affidavit your may get denied or may be allowed to reschedule. This must be filed with the Provincial Court as well (see address for Wpg below). Make a copy and they take the original and stamp your copy.

http://www.manitobacourts.mb.ca/provincial-court/legal-resources-and-links/forms/
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If you file too late they will try to point that out (min 30 days). the accused and the crown need to both make an effort to find an earlier trial date if there is a considerable delay. If the accused waits till the last minute on purpose it could be argued that they were using 11b as a Sword rather than a Shield as intended which the Supreme Court has never allowed

There is several references related to this in R v. Grant (MBPC) 2016, R. v. Segodnia and other MB and SCC rulings.

If enough people file these for unfair or illegal tickets that get unreasonably delayed hopefully the Province will stop ignoring the root cause (abusive traffic enforcement) plus stay all of these 4-6 or more month delays. Many over 1-2 years or more. Until then though you need to follow the rules on filing the 11b.

Filling a Application for Delay Motion

Print off 1 copy of the following and complete as per below and make 4 copies (5 total) or print 5 blank copies and complete. They do have a copier you can pay to use with coins on main floor 408 York Ave.

Notice of Application
from
PRACTICE DIRECTIVES FOR CONTESTED APPLICATIONS IN THE PROVINCIAL COURT OF MANITOBA
http://www.manitobacourts.mb.ca/provincial-court/legal-resources-and-links/notices-and-practice-directions/
e.g. http://www.manitobacourts.mb.ca/pdf/notice_nov4_2013.pdf

Pages 26-27 (and 28 if you are being represented by a Lawyer)
The court said this was acceptable but there is a specific Application for Delay Motion that is normally used.

Relief sought is:
Stay of proceedings

Grounds for the application are:
charter 11b, unreasonable delay by the Crown, offense occurred ___, __, ____ , which is xx months or xx days ago

Evidence, Arguments, Decisions and Caselaw you going to rely on:
e.g. caselaw.canada.globe24h.com

You are typically supposed to file copies of evidence, decisions or cases and arguments you’ll be relying on with:
– The Court (in this case Provincial court (e.g. 408 York 100d); this will be give to the Justice hearing the matter.
– The Crown (For delay motion charter challenge) – Constitutional Law Branch, 12 – 405 Broadway
– The Crown (For trial), 5 – 405 Broadway. You also typically file the same for anything you will be relying on for your trial. e.g. if your trial set to proceed right after delay motion

see more details below for addresses and …

R v Askov, [1990] 2 S.C.R. 1199 (SCC)

R. v. Jordan, 2016 SCC 27
Jordan ruled if the trial unreasonably delayed by the crown it is automatically presumed that the delay has prejudiced the accused (you could argue this should mean you don’t need to do application at all or at least don’t need a Sworn affidavit signed as per above demonstrating how this delay has prejudice your trial. The Crown can rely on previous decision (e.g. R v. Morin (SCC)) while Jordan is in transition. This not tested but will be testing it soon and will post update.

If you want to play it safe include it.
e.g. It was so long ago I don’t recall the details of time or exactly where other than I was very upset …

Jordan states more than 18 months for criminal matters is unreasonable.
The majority of the delays we are seeing are simple traffic matters

4 – 6 months or more delay by the crown for simple traffic matters is unreasonable as per the following MB Provincial court decisions

R v Segodnia, 2016 MBPC 29
For Police issued traffic ticket

R v Grant 2016-05-18
(relied on Askov delay motion decision) (ManProvCt)
Photo enforcement ticket

Note this being appealed by the Crown who represents the Province but I think it should not even have been allowed to be heard based on the recent Supreme Court decision (Jordan) mentioned above. It does appear they using it as a stall tactic to salvage as much $afety revenue as they can with phone calls and offers of 15 minute meetings from traffic court staff or staff diverted from more important courts like family court, misleading info and half off fine plea bargain to change plea.

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Law Courts Building
408 York Ave, Winnipeg, MB,
Provincial Court
100d
204) 945-0344
8:30 a.m. to 4:30 p.m

Check with the clerk what dates, rooms and times are available to have you applicatin heard or call ahead and ask. You specify on the form when and wherw you will appear before a Justice for your application hearing

They are only seated during certain days and times of the week.
in my case I choose a Thur in RM 403 2pm

You file a copy here and they check it over and stamp your copy.

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Constitutional Law Branch.
MB Justice Building
12th Floor 405 Broadway, Winnipeg

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Prosecutions – Crown’s Office
MB Justice Building
510 – 405 Broadway, Winnipeg MB R3C 3L6
204 945-2852
8:30 a.m. to 4:30 p.m

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Attourney General Canada
Prairie Regional Office – Winnipeg
Department of Justice Canada
Suite 301, 310 Broadway
Winnipeg, Manitoba, R3C 0S6
Telephone: 204-983-2391
(9am?) – 5pm

Christie Blatchford: Supreme Court’s time limits for pending trials will jolt the slow-grinding wheels of justice

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Recent Decisions in Court Affect Many Traffic Tickets in Manitoba and possibly elsewhere

Attention, this is an IMPORTANT message to all Manitoba drivers and anyone concerned about our Charter Rights and other rights
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These 2 MB Justices decided to not turn a blind eye to the facts like many others have. http://wp.me/p1fJaD-gS

The attached files from recent traffic court decisions regarding unreasonable delay to go to trial (charter 11b) will become precedent decisions if the provinces appeal is not successful.

The decisions clearly state:
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“8 to 10 months far exceeds” our charter rights to a trial in a reasonable time. It also states 4-6 months is a reasonable amount of time.
“The Crown cannot rely on the eight to ten months guideline set for criminal matters in the highway traffic context”
“Highway traffic matters lingering in the courts and gathering dust are in no ones interest.”
Mr. Segodnia’s right to have a trial within a reasonable time protected by section 11(b) of the Charger has been breached. The offence is stayed pursuant to section 24(1) of the Charter.”

Thanks to Todd Dube, Mrs Grant, Mr Buchart, Provincial Justice (PJ) Kate Harvie, J.Segodnia, PJ Devine, Inderjit Singh and the others involved in these and related cases. These individuals had the moral back bone to do the right thing.

This abuse has been one of many issues ongoing on for several years now and these are just the start of better exposing this and related abuses.

For Photo Radar issue traffic ticket
2016-05-18 R v Grant (Askov delay motion decision) (ManProvCt)
https://keviny1.files.wordpress.com/2016/05/2016-05-18-r-v-grant-askov-delay-motion-decision-manprovct.pdf

For Police issued traffic ticket
R v Segodnia, 2016 MBPC 29
https://keviny1.files.wordpress.com/2016/05/r-v-segodnia-2016-mbpc-29.pdf

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News coverage of above cases:
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R v. Grant
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Get a court date for a traffic ticket older than four to six months? Here’s your trump card
http://www.metronews.ca/news/winnipeg/2016/05/18/winnipeg-group-celebrates-speed-ticket-dismissed-for-delay.html?cq_ck=1463605986425

Manitoba judge throws out speeding ticket after court delays
Winnipeg woman waited 18 months for court date after alleged speeding incident
http://www.cbc.ca/news/canada/manitoba/manitoba-judge-throws-out-speeding-ticket-after-court-delays-1.3588269

Decision could affect photo radar tickets
Wrong title. Should have said
Decision will affect all simple traffic tickets with delay of more than 4-6 months
http://winnipeg.ctvnews.ca/video?clipId=873327

Winnipeg drivers hopeful ruling means their traffic tickets will be tossed, too
http://www.cbc.ca/news/canada/manitoba/winnipeg-drivers-ruling-traffic-tickets-tossed-1.3590169

Photo Radar Court backlog decried
** Decision will affect all simple traffic tickets with delay of more than 4-6 months
http://winnipeg.ctvnews.ca/video?clipId=874342&binId=1.1164782

R v. Segodnia
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Manitoba judge throws out 2nd speeding ticket citing court backlog
This says 2nd but the Provincial Justices full statements attached above list more than just the 2 minor traffic cases that were delay and stayed due to breach of charter 11b.

http://www.cbc.ca/beta/news/canada/manitoba/manitoba-judge-throws-out-2nd-traffic-ticket-citing-backlog-1.3598233

R v. Yaworski:
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CBC TV Manitoba Eve News on Nov 1st.
http://www.cbc.ca/player/play/798701123727
This piece runs at the 8:00 minute mark (when I have time I will split out)

Another speeding ticket dismissed because it took too long to get to court
http://www.cbc.ca/news/canada/manitoba/another-speeding-ticket-dismissed-because-it-took-too-long-to-get-to-court-1.3830481

Manitoba Judge Tosses Another Speeding ticket (Video)
http://winnipeg.ctvnews.ca/manitoba-judge-tosses-another-speeding-ticket-1.3139338

Judge tosses ticket due to back log in system
http://winnipeg.ctvnews.ca/video?clipId=984431

To share the blog post for R v. Yaworski online: http://wp.me/p1fJaD-Fw

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Read and share this important post and document downloads online, offline and by word of mouth. Do more than just like it please share entire post on Facebook and elsewhere so we can get this out to as many people as possible.

To share this post with document download links
http://wp.me/p1fJaD-gS

Dangerously inadequate Amber time issues in Winnipeg and cover up.
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http://wp.me/p1fJaD-jz

Summary of serious Traffic Enforcement issues in Winnipeg – Todd Dube
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New members of WiseUpWinnipg can peruse the groups Facebook page to discover what the purpose of the group is. A good start is to read the groups description and periodically check the pinned post as it periodically changes.

Here is a good summary of the issues from Todd Dube who is one of the most active members and a founding member.

These issues have persisted for 7 years despite extraordinary communication efforts made by this group.

Firstly – no other city in the world has 4.0 second amber times in 70 and 80kph zones – where this city nets 800% more “red light runners” than its lower speed intersections, where 4.0 seconds is adequate. This policy (4.0 seconds regardless of speed) is not only profitable – it is dangerous – and being the direct cause for the high incidence of rear-end collisions that result. This is not rhetoric – as can be discovered in a 5 minute google search of the 70 (and counting) North American cities which have been similarly exposed and with those photo programs terminated over the last few years.

Secondly – however of most significance is that the city of Winnipeg permits council to set speed limits rather than our paid engineers – which no other city does. All of Winnipeg’s top revenue stretches have speed limits which are known to be inadequate, by City of Winnipeg traffic engineering studies – (which we possess) yet these limits continue to be posted dangerously low – and with chronic enforcement occurring, for decades – in the name of “safety”. And in many cases with a mobile photo unit situated less than a block after an intersection camera – and frequently with a WPS radar unit a hundred meters beyond those. Thirdly – and of critical importance with respect to the artificially low speed limits that are preyed upon by enforcement – the city of Winnipeg is the only city in Canada to not dual sign speed reductions. Why is that important? Because if the authority actually wanted drivers to slow down in a reduced stretch – then they are to post that limit on both sides of divided roads. However in Winnipeg – with ambiguous drops in speed that are unnecessary (supported by their own engineering studies) then you now have a compounded abuse which has led to not only grossly unfair enforcement – but chronic long-term speed traps that have resulted in a loss of respect for the city government as well as its police service. The Manitoba Highway Traffic Board held hearings in 2011 for Winnipeg’s top 10 speed trap locations – which at that time were already many years overdue. Days before those decisions were to be released – which were widely expected to result in all of those speed limits being properly raised to engineering standard – this Board was silenced by city and provincial pressure – and no decisions were released – with the reason stated by the province that they were reviewing speed limits province-wide. Nothing has been said – or changed – since, including the chronic, abusive enforcement that continues.

Lastly – the City of Winnipeg has the worst signing practices of all cities including school zones, construction zones and advisory signage (no-left turn, must turn right etc). By no coincidence – the locations most deficient in signing standards – is precisely where the WPS targets with chronic enforcement. A good example is McPhillips at Inkster – which mandatory right turn lane is not signed to standard – and the WPS have been enforcing chronically for 15 years. Even after the CTV national program W5 did a segment on it called “To Serve and Collect” 4 years ago – the signing remains unchanged and the WPS continue to chronically enforce, 4 years later, in the name of “safety”. All of this information and much more has been complied to a powerpoint presentation which has been offered numerous times to the Mayor and Public Works chairperson Janice Lukes – however neither has seen it. This comprehensive compilation of photos, video and statistics is something that the city of Winnipeg would have to spend $500,000 compiling – and it has been done – and offered – to the city at zero cost by a group of concerned, volunteer citizens. Frankly – we expect that the facts will not be ignored for much longer. The City of Winnipeg cannot continue to target its own, known, deficient engineering for revenue purposes – at the direct expense of true traffic safety. Mr. Mayor – thank you for interest in becoming a member of this group. Please consider getting on board with the facts on this important subject – because trading our true road safety for a share of the profits will be increasingly difficult for the city to continue doing. I will link here a Winnipeg news article authored by a transportation/engineering professional, for your further research convenience.

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

Accuracy issues with Photo and Traditional officer traffic enforcement:
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WPS Patrol Sgt. Lou Malo was quoted saying individual radar units are tested by the operators after every enforcement action, meaning a radar unit will have internal diagnostics performed and a tuning-fork test done after each ticket is issued. The laser devices require a scope alignment test, as well as internal diagnostics.

If this the case why has there been many photos and videos of ACS / Operators sleeping while they setup for enforcement?

Based on approx 150k tickets issued by ACS Operators and fixed cameras every year is it possible they issuing tickets while they sleeping and if so these should all be invalid.

Also if mobile units need to be tested after each ticket issued then the fixed camera tickets should be the same but they only calibrated and tested when a technician attends them which is not that often. This means all the tickets issued should be invalid.

For officers using radar while moving if the antenna is misaligned (aimed substantially away from the line of travel) it is possible for the target to register a higher than true speed. These angular effects are often called “cosine factor” and should be addressed during operator training.

There has been several issues raised regarding WPS officers and ACS operators not following manufactures required calibration and testing procedures for fixed and mobile photo or radar enforcement but they have been ignored or dismissed. When you press the Crown for Training records, Calibration and Testing manuals for Operators or Officers they they make up some excuse like they are not available since they are with 3rd party. For intersection photo enforcement ticket the technician that calibrated and tested the unit doesn’t need to attend trial but you can subpoena them to ask them questions about this directly. The Crown will try and make this difficult in hopes you give up and pay or go down un-prepared and they offer half off bribe. When you press the Crown on this and other issues in advance they have stayed / dropped the alleged offense or wait to see if you show up to court and when you stick to your guns they stay once you get there.

Are they trying to hide something? I guess they don’t want the facts that show this abuse for what it is on the record. i.e. Revenue Generation $cams disguised as $afety Programs or initiatives.

Training, calibration and testing issues are not unique to Winnipeg but based on some of the other traffic enforcement abuse issues being the worst in Canada it wouldn’t surprise me if this being abused as well in the name of $afety.

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In 2005 a BBC program Inside Out demonstrated how the LiDAR speed gun most commonly used in the UK, the LTI 20.20, could create exaggerated reading. Errors came from two sources. ‘Sweep errors’ resulted from the laser beam not measuring the distance to a fixed point on the vehicle but instead ‘sweeping’ along the side of the vehicle.

For Lidar (used by ACS / Xerox in hand held dragon cams and by some WPS Officers):
In the step-by-step example above this would be a case where the LiDAR gun aim-point shifts so initial calculated target distance comes from a vehicle further away and subsequent target distance is from a closer target, causing an exaggerated speed calculation. This can happen particularly when the LiDAR gun reads a vehicle behind the intended target first—for instance when attempting to get a speed reading on a motorcycle with a low LiDAR frontal cross-section. A large automobile with a retro-reflective license plate could product the initial distance calculation—and then the motorcycle returns the second distance reading, so the LiDAR unit calculates the motorcycle speed incorrectly [Distance Traveled = Distance of Car – Distance of Motorcycle]. This can easily happen if the police officer operates the unit as a “hand held” gun while trying to get long range readings.

For LiDAR to produce an accurate reading, the officer must hold the aim-point on a single target point for the duration of the read. At long range this is accomplished through the use of a stationary tripod (to steady the aim). Errors can be demonstrated to police by sweeping the target along a wall (in demonstrations the LiDAR showed the stationary wall traveling at 58 mph). Another kind of false reading is produced when the laser reflects off a wing mirror, hits a stationary reflective object and then returns to reflect off the mirror a second time—adding additional time-in-flight to the initial distance calculation.

——————–

Related info:
Ticket expert Radar Rodney says legislation unfair to motorists
http://www.winnipegsun.com/2016/02/06/ticket-expert-radar-rodney-says-legislation-unfair-to-motorists

Inconsistent radar testing casts doubt on validity of millions of speeding tickets
http://www.cbc.ca/news/canada/speeding-tickets-police-radar-testing-1.3415927

– Tools we can use FIPPA, LERA, Auditors, Ombudsman and more
Lets work together to help improve our City and Province and if needed use FIPPA, LERA, Auditors, Ombudsman and more
Aug 28 2016 – Kevin Yaworski
http://wp.me/p1fJaD-nr

Concerned citizens of Winnipeg & Manitoba have been continually ignored or worse for several years and the consequences are much deeper than most realise! – Kevin Yaworski
—————————————————————————————————————
It is imperative you read this, share the complete post online and spread by word of mouth. Then take the direct actions mentioned below. If we all do this I guarantee the end is near!

The petition linked below was closed after it was delivered to the office of Mayor Bowman and Minister of MIT last fall but they and others in power ignored it. I included it since the vast amount of evidence Chris Sweryda collected in it is still valid and few if any issues addressed:

It is time to demand action on these serious public safety issues. Here are just a few of the reasons why and what we each need to do individually to help and what we need to do as a collective group!

The City of Winnipeg and Province of Manitoba departments get direction from the Mayor and City Councillors or the Premier and MLA’s whom we elect. We pay all their salary and benefits via taxes and fees and in return they operate the City & Province on our behalf. This gives us the right and most importantly the obligation to demand they do this honestly, fairly, and wisely.

ONE THING WE SHOULD NOT HAVE TO DEMAND OR EVEN ASK IS FOR THEM TO OPERATE THE CITY AND PROVINCE LEGALLY! WE SHOULD ALSO NOT HAVE TO DEMAND CONSEQUENCES IF THEY DO NOT. WE DO LIVE IN A CITY, PROVINCE AND COUNTRY RUN UNDER THE RULE OF LAW DO WE NOT?

The Province operates the traffic court and traffic review board as well as authorized the City to issue traffic offences via Conditions of Authority in the Highway Traffic Act (HTA). The Province and City share the revenue from at least Photo Radar Enforcement tickets after paying 3rd party partner Xerox / ACS and other costs.

This past winter after a court decision the City was forced to stop issuing Know Your Zone snow clearing ban tickets and not require payment on many of the ones already issued because they were illegal. The HTA requires signs to notify drivers which were not present and only a courtesy tow around the block permitted.

Similar occurred recently with parking tickets that the City and or its collection agencies were trying to collect after the notices used were illegal. Also these went back 10 or more years which is well past the statute of limitations.

Why were contested offences, un-contested appeals, FIPPA requests and media coverage required to force this and why no refunds? Why did they issue KYZ tickets during the day with no snow clearing activity and continue to issue KYZ tickets after their lawyers advised them they were not compliant with the HTA?

Why are half off bribes being offered for fines or traffic offences by the Crown in Province run Traffic Court or being stayed / dropped when the accused well prepared with evidence proving the offences issued illegally? With statements like “your file was so large it somehow got lost’. Then when requesting to still have the matter heard due to it being of great interest to the public the Crown and JJP refuse.

The fact that the City was aware of the legal issues with issuing or collecting on at least these KYZ and Parking tickets and the Province is staying traffic offence or not contesting appeals this way should lead one to wonder what else they are doing illegally or unethically and why?

We have repeatedly asked the past and current Mayor and Public Works chair (currently Brian Bowman & Janice Lukes) and others at the City to have speed limits and signage on certain roads reviewed and look at other important public safety issues.

50 km/hr unless otherwise posted works when regional roads are classified as such and properly posted as such (e.g. 60 or 70). Many in Wpg are artificially lowered to 50 even against the Cities own traffic engineers studies and recommendations and then many not posted as 50. This causes safety issues because some drive 50 but the majority will drive what feels safe. Since it is a regional road based on engineering standards that is often 60 to 70.
Many respected studies and real world stats have proven that it is the difference in speed that causes accidents, not the actual speed. Using well tested and proven North American Traffic Engineering standards for limits and signage including reduction, dual for regional 4 lane etc… are proven to improve traffic flow and reduce accidents and violations.

Instead, the City decided to ignore these proven standards and even their own engineer’s.They reclassified or left some regional roads mis-classified and removed 100’s of 50k signs from regional and some residential roads. Then, WPS and or ACS / Xerox Photo Radar aggressively target these deficient locations. When this was noticed and they questioned on it, the City said they removed it because it was confusing. Stats and studies prove otherwise. So, what is the real reason they do it?

When the City saw how much money they were collecting from tickets, they took it a step farther and removed other signs including some 60K and others. Photos and Video of them doing this is available as well as emails and other documents. They have been lying, misleading or ignoring about requests to address the deficient locations and setting policies like ignoring their own engineer’s, banning them from attending council meetings and hampering or effectively shutting down the traffic review board.

Here is a comment from Todd Dube of WiseUpWinnipeg:
“Speed Reduction signage – is to be placed on both sides of divided roads, like every city does except Winnipeg. Therefore this issue is especially important because Winnipeg targets its reduced speed zones which are typically 50’s that should properly be 60’s or even 70kph zones. These are not “speeders” – these are people doing the known, acknowledged (by their own engineering reports) speed limit – and not being made aware of the improper and low speed limit. With proper speed limits – and complimented with proper reduction signing – 95% of Winnipeg’s self-claimed speeding epidemic would evaporate overnight. They know that – and that’s why they resist the facts of this matter. Our position is – it is not their prerogative to ignore these facts – it is their responsibility to not only immediately acknowledge them but to correct them – in the name of true safety, which they claim as their mandate while they unfairly and abusively enforce as is.”

Todd Dube, Christian Sweryda, and others from WiseUpWinnipeg have persisted for years to try and get the City to use proper amber times, speed limits, and signage including speed reduction, limits, proper height and visibility of signs, and more yields instead of stop signs.

The City has only fixed a few locations after badgering them for years. In one case, MB highways had to be asked to install missing and dual speed reduction signs on hwy entering city since the City repeatedly refused.

After these 3 locations and a few others were fixed, there was such a drastic drop in violations, Photo Radar and or WPS enforcement which was chronic, stopped. When this reported on and demands for other deficient locations fixed the Mayor and City lied, mislead or ignored. Why are they not fixing the other locations? The answer should be obvious unless you still think the City has the public’s safety and best interest at heart.
What we each need to do to make our roads safer and stop this abuse of the public, public funds and our Justice system:

——————————————————–
Check for mis-classified regional roads and missing or improperly installed signs for speed limits, speed reduction, both sides of multi lane roads, and school zones as well as adequate amber times etc… in your area and report to 311. If you are ignored or nothing is done about it, contact your City Councillor and if needed your MLA.

As stated above, we all have an obligation. Contact the mayor, your Councillor, and MLA and demand the transparency, honesty, and integrity we expect. If we continue to be ignored, we need to organize a formal protest, demand a formal investigation by the RCMP, and if needed, start a crowd sourced class action lawsuit which they can’t lie or mislead or ignore or duck out (stay) when the facts and evidence presented.

To help find mis-classified roads, locations with missing signs and short red light amber times to report to 311 see below some resources:

Here is a link to share so you get the posts content and not just the closed petition link or for people not using facebook.
http://wp.me/p1fJaD-du

Review speed limit signs and limits on certain roads:
This petition closed as it already hand delivered to the office of Mayor Bowman and Minister of MIT last fall but they and others in power ignored. I included since the vast amount of evidence Chris Sweryda collected is still valid and few if any issues addressed:
https://www.change.org/p/mayor-brian-bowman-mit-minister-ron-kostyshyn-fix-winnipeg-s-speed-limit-signs-and-review-speed-limits

Christian Sweryda updated his list of missing school zone signs and the list of 173 is here:
2015 – Final Reduced Speeds by Metro English Canada
https://www.scribd.com/book/308199630/2015-Final-Reduced-Speeds

Also it is embedded at the end of the following metro article (wasn’t viewable on chrome or firefox on Android when I tried but works on at least Chrome on computer and possibly other supported browsers on a computer.
http://m.metronews.ca/#/article/news/winnipeg/2016/04/13/wise-up-winnipeg-says-173-school-zone-signs-missing.html

Here is Chris’s original list of 206 school zone signs missing:
https://m.facebook.com/groups/157907491221?view=permalink&id=10151909306841222

Media coverage of school zone signage issues Sept 2013
https://m.facebook.com/groups/157907491221?view=permalink&id=10151554283471222

How can councillor & head of public works Janice Lukes or Luis Escabar others at the city say they didn’t know or that there couldn’t be that many missing signs or it confusing to have to many signs when proper signage proven to reduce violations and improve safety?

Conflict of interest and worse in Winnipeg and other cities with red light cameras

Find below a list of the 51 ACS / Xerox operated, calibrated and tested red light and speed cameras in Winnipeg.
http://wp.me/p1fJaD-ds

Here is list of which red light cameras generate most tickets. Most if not all have inadequate amber times. Ignore more drivel from Staff Sgt. Rob Riffel. If you want facts stay as far away from this guy as you can and check NA traffic engineering standards and most other cities traffic engineering.
http://www.cjob.com/2013/09/26/draft-red-light-cameras/

Amber times chart
Wpg vs. other cities
https://m.facebook.com/groups/157907491221?view=permalink&id=10152412643006222

Short Amber dilemma zone
https://m.facebook.com/groups/157907491221?view=permalink&id=10152412643926222

Short Aber time issue
http://www.winnipegfreepress.com/local/just-a-sec-say-traffic-activists-100747014.html

Here is additional info provided by another concerned citizen:

“About 3 years ago, Manitoba dropped the “BEGINS” sign from the list of options for cities and others to affix to posted limits. BEGINS and ENDS signs are still in use in other places. By not telling us that the 60 kph begins, we can think that the preceding zone was 60. The only reason to drop these signs is to mislead drivers, as part of the scheme Kevin and others have described. Solid circumstantial evidence that MB is in on this ‘criminal enterprise’, as was the whole idea of 24/7 application of the school zone photo enforcement. In other places, speeds are severely reduced around schools, but they apply for only the hours when kids play there, and in MN only apply when a child is present. Protect kids, but not a good source of revenue.”

To see comments on the orginal post of this content:
https://www.facebook.com/groups/157907491221/permalink/10153369109876222/


To share this blog post of the WUW pinned post online: http://wp.me/p1fJaD-du

This is a copy of the WiseUpWinnipeg’s pinned post which can be found here along with comments

About Kevin Yaworski

I use my blog to write about things I find interesting or that I think others should know about.
This entry was posted in News and politics, Uncategorized and tagged , , , , , , , , , , , , , , , , . Bookmark the permalink.

One Response to WiseUpWinnipeg Pinned Post

  1. Pingback: ​Update on R v. Grant Appeal regarding unreasonable delay with Charter 11b challenge for simple traffic matter. | Whats Up

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