The Crown who represents the Province filed notice to Appeal R. v. Grant (which was a decision in favor of the accused with stay due to unreasonable delay / charter 11b challenge). The Court / Justice has allowed thecAppeal to be heard and it is not scheduled until February 3, 2017.
Based on recent Supreme Court ruling R v. Jordan which strengthened 11b you would think this should not have even been allowed to be heard.
Is this being allowed and its delay just another case of mistreatment of the public in an attempt to salvage as much $afety revenue as they can with more 15 min meetings with Crown Attorneys in Traffic court and more half off fine to change plea to guilty or guilty with explanation? Or is it a fair way of reducing back log of up to 24 months or more?
Brian Pallister’s PC’s campaigned on more open and transparent government but since they were elected in April senior people including our Deputy Premier; Justice Minister Heather Stefanson and others in our Justice Department are allowing our Charter 11b right and other rights to be ignored with no consequences. It appears they are even ignoring or misinterpreting Supreme Court of Canada rulings.
It is past due for more people to take action to protect our legal rights and stop their erosion. Read to find out more and what you need to do to help stop this including sharing this online and by word of mouth.
Many of you probably know in June two Manitoba Justices ruled a delay to go to trial of more than 4-6 months on simple traffic matters was unreasonable and against our charter 11b rights. Delays of up to 2 years or more in traffic court resulted after drivers or owners started contesting 37k – 50k tickets of the 150k – 200k traffic tickets being issued every year in Winnipeg by ACS $afety Cameras & Operators and WPS officers.
The Crown submitted a notice to appeal one of these 2 decisions (R. v. Grant) and it was recently accepted even though the recent R. v. Jordan (SCC) reinforced this right. The appeal is set to be heard on February 3, 2017.
Our Supreme Court of Canada has already ruled on unreasonable delays by the Crown being against charter 11b and R. v. Jordan adds that the Courts are to presume the accused has been prejudiced by it.
To make matters worse a sexual assault conviction was recently dismissed in MB after unreasonable delays.This makes it clear MB is not making serious crime and charter rights a priority.
The Crown’s office has been found to be re-directing admin starff from family court to traffic court duties and maybe redirecting valuable Crown Attorneys and Justices from higher courts to traffic court. This appears to be an attempt to salvage any $afety revenue before they forced to stay the majority of the outstanding tickets due to unreasonable delay.
Is this the cause of any delays with the prosecution of serious crimes? Manitoba is the lowest ranked Province in Justice System performance.
Time to take action, contact Premier Brian Pallister, Deputy Premier; Justice Minister Heather Stefanson and your MLA and demand these serious issues be addressed and steps they plan to take to prevent them.
The Provinces appeal in R. v. Grant (stayed due to unreasonable delay / charter 11b challenge) is set to be heard on February 3, 2017.
For more info, link to list of MLA’s and others.
Root causes of court delays, dismissals and abuse of the public
Share this on online and by word of mouth:To see several comments on this matter:
To learn more about challenging charter 11b for unreasonable delays or contesting unfair or illegal traffic tickets see the pinned post on WiseUpWinnipeg’s Facebook page or a copy of it is periodically updated here: