Attention, this is an IMPORTANT message to all Mantioba drivers and anyone concerned about our Charter Rights and other rights

Updated June 14 2016 – Province of Manitoba chooses to appeal decisions and added info about related abuses.
Updated: July 8 2016 – info regarding proving prejudice in Charter 11b delay motion
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 operate under a false claim of improving safety and must be stopped as well as those responsible made accountable.
Some ways to help stop this abuse are:
Share this post on and off Facebook. This post including document download links here: http://wp.me/p1fJaD-gS
Contact your elected and appointed officials at the Province and City and demand this abuse be stopped.  Refer to the facts in the pinned post of the WiseUpWinnipeg Facebook page and links within it or this blog post: http://wp.me/p1fJaD-du
Many are Pleading NOT GUILTY to all unfair or illegal tickets. It has been proven that many of the 170 – 200k + traffic enforcement tickets issued every year in Winnipeg are unfair or illegal.  Not sure what that is or what grounds you have to contest see the pinned post and blog post above and some details below.

Many more don’t know or don’t have the time to contest so just pay.  We are advocating for the City and Province to fix the root cause which is aggressive targeting of known traffic engineering deficiencies in proper and safe speed limits, ambers times, signage and more.  More people need to do the same.

The Crowns office has started calling the accused about a simple traffic ticket you previously plead not guilty to asking if you know what options on the back of the ticket and if you want a 15 min meeting to discuss your ticket with a Crown Attorney. You can ask for earlier trial. You can ask for information / disclosure from the Crown about your ticket. Officer notes and diagram or Photo Enforcement discovery package. If you want you can say you want the facts to be heard by a Provincial Justice and put on the record.

Crown offering half off fine plea bargain to change plea to guilty or guilty with explanation. Some of the Crown in Traffic court has been known to lie or mislead about operator or officer being present when they not plus there is many valid points to argue for unfair or illegal tickets.. If you well prepared with the facts they have stayed / dropped 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.

Not the tidiest but it is a good start.

Filling Charter 11b delay motion for unreasonable delay of 4-6 months or more for simple traffic matter as per R v. Grant and R. v. Segonus (based on R v. Askov), related decisions from Manitoba Courts and the Supreme Court ruling R. vs. Jordan.

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 vR vs Askov, and the recent cases.

—–
** 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/
—–

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 to the responsibility of the dealy in R v. Grant (MBPC) 2016 and R. Segodnia (2016) and other case law that is relevant.

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 agao

Decisions or caselaw you going to rely on
caselaw.canada.globe24h.com
You are typically supposed to file the cases you’ll be relying on with the court (in this case Provincial court (e.g. 408 York 100d)

R vs. Askov

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 (this should mean you don’t 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.
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 mad …

Jordan states more than 18 months for criminal matters is unreasonable.
This is simple traffic matter

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
(Askov delay motion decision) (ManProvCt)
Photo enforcement ticket

Note this being appealed by the Province but I think it should not even have been allowed to be heard based on above supreme court decisions. They using it as a stall tactic to salvage as much $afety revenue as they can with phone calls and meetings from staff diverted from more important courts, misleading info and half off fine deal to change plea.

————————–
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.

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

————————–
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

————————–
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

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

WiseUpWinnipeg

About Kevin Yaworski

I use my blog to write about things I find interesting or that I think others should know about.
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2 Responses to Attention, this is an IMPORTANT message to all Mantioba drivers and anyone concerned about our Charter Rights and other rights

  1. Borntolove says:

    True story of mine: Hello everyone, I would like to share my true story about paying around $4,000.00 traffic violation tickets. But before I get there I would like to mention a few more things as a newcomer and a proud enthusiastic Canadian with a great respect for the environment, peace and prosperity. Instead of mentioning my name I decide to tell you about my vision. Ex, while I was exploring in Port Alberni I saw a huge Frog on Beaver Creek Road and I sure escorted the frog off the road so it stay away from our driving neglects and go in that forest have fun. I also love Canada and I see so much great things in Canadian values that I am like, Yay Canada. 👌 However, like many other Canadians I also experienced financial difficulties, stress, homelessness, being scammed into jobs, felt harassed by officers and humiliated by collection agencies. Great lessons learned and all of that made me a new me. Today, I’m more knowledgeable, passionate, tolerant, goal oriented, creative and humble as a result of some of those consequences.
    Here are a few examples to be said. In 2010, I was scammed by an online job add which I put more effort into the investigation than the local police, Anti fraud Canada and the RCMP did. In fact, they did nothing more than filing a report and to me it meant that they didn’t have a great interest to investigate the matter in a time manner. So as FBI.
    In 2009, first year here, my government accommodation cheques were stolen from the mail box and fraudulently cashed at Money Mart (according to my caseworker) without my signature. The police and my caseworker failed to do anything about it. In 2013, again I got a job offer 23.35/hr with the opportunity to become a franchisee. It was a big deal of fabrication in terms of employment wage, working hours and earning potentials and I deeply got sucked into that job for about three years. There was always a new lie revealed about the company’s obligations and further offers. It caused me so much stress and troubles but as well taught me what corporate greed and the right of individuals means. Indeed, most stories will never be heard because they are not meant to bring any profit. During that period of employment doing door to door sales pushing those unethical sales pitches on people to keep my job and keep my head over the water. The company was a dictatorship environment just as polite as the Wolf of Wall street. Imagine a person who have never used the f word in a conversation but has systematically being pressured to betray his consciousness. Furthermore, I paid so much in traffic ticket and there were a few of those of those tickets that they were totally illegal and unfair such as this one. I bought a car that came with original legal tents according to the dealership, but I got a big ticket for having my windows tented although I told the officer that I just bought the car like this, if anything that should be the dealership fault or just give me a warning please. Nope. Ticket written. But it didn’t stop there and believe me I paid traffic tickets that I truly feel I shouldn’t. Now, I am paying 212 for insurance and 94 for my license monthly which means a person like me who have caused no hurt and no pain is an asset helping someone’s interest.

    • Kevin Y says:

      Thx for sharing your experiences. It upsets me that anyone would have to experience what you have especially a new person to Canada including no or little response you got from those that had the ability to investigate. I would like to approve your comment but some of it is not applicable to the subject of traffic tickets and traffic court but needs to be heard. Can I include it unedited in a new post or you can comment after I post and Sent you link. The applicable parts can still be commented on this post here if you like and I will approve. Also please request to join WiseUpWinnipeg Facebook group. I will approve you as member and post applicable experience there. I and others will try and help.

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