Sept 18 2016 – Kevin Yaworski – Concerned Citizen and WiseUpWinnipeg member
Urgent call to members and the general public to get informed and act
If you agree Contact OUR Deputy Premier; Minister of Justice Heather Stefanson, you MLA and Councillor and ask them about the following serious issues in your own words. Share your communication and response or lack of.
Below is information on R v. Vader, (ABCQB) 2016, 2nd degree murder conviction, notice of appeal and OUR Federal Justice Minister / AG’s response of ordering a review of Criminal Code provisions found to be unconstitutional (breach of charter rights) with a view to updating the Criminal Code to reflect these decisions.
Do you think this and the other info below are reasons enough to request OUR MB Deputy Premier; AG Heather Stefanson to
order a review of MB Legislation and policies for breach of Charter or Legislation issues.
order City Council to review City By-Laws and policies for these issues?
provide a reason why if she does not?
to request the RCMP investigate allegations of bribery, sole source contracts and related corruption?
NDP Majority Government’s amendments to
HTA and Conditions of Authority to allow photo enforcement in Winnipeg (2002)
Amended with out due diligence including not verify safety improvement and revenue stats provided. The stats for Pilot study in Winnipeg were not independently verified and annual reports provided by WPS not verified independently.
Stats used to reinforce came from the same provider as the pilot study (ATS / ACS in Washington which is a 3rd party for profit multinational owned by Xerox (previously owned by Lockheed Martin).
There was other stats and engineering studies available that were independently verified which proved there was no safety improvement and actually a large increase in rear end collisions.
A claimed decrease in the rare but more serious T bone accidents not verified and it proven other changes needed including safe and adequate amber time as per engineering standards reduced these or eliminated them.
Up to 200k alleged traffic offenses are being issued per year in Winnipeg by ACS & WPS with the vast majority being unfair or illegal due to breach of HTA or non compliance with proven engineer standards used in MB outside Winnipeg; required by law in Ontario and elsewhere but ignored in Winnipeg and other serious issues. Up to 37k of these / year contested and similar issues with the the vast majority of the up to 100k parking tickets being issued every year.
The Province gets 50% of the revenue from Traffic Enforcement, the City gets 25% and WPS gets 25% after paying ACS. After higher court costs than expected as a result of 25 % of tickets being contested (the majority for valid reasons mentioned below) and other costs not reported the program is costing tax payers money. This and many other serious issue identified in publicly accessible City Audit of Photo Enforcement Program in 2005 – 2006
The only winners are ACS as well as MPIC (after license and insurance penalties from demerits) & WPS but they wasting so much elsewhere they need to ask for rate increases or more money each year
Recent WPS bailout to pay bloated pensions from so much OT (from traffic enforcement, court duty and unethical behavior). One officer even investigated by WPS ICU for fraud related to over 100k in OT over 4 years.
MB Provincial Summary Convictions Court (aka Traffic, Parking or Kangaroo Court) is openly disliked or detested by the public and many solicitors). It is being backed up to 24 months or more and breaching charter 11b right to a trial in a reasonable time for the accused. This is a result of abusive traffic enforcement and is affecting tens of thousands of trials every year.
This successfully challenged twice but the Crown representing our new PC Government appealed and the Courts are allowing it to be heard even after recent R v. Jorden (SCC) reinforced this charter right.
This abusive enforcement that targets all drivers including average safe drivers instead of focusing on dangerous drivers and related issues are not sustainable. With this many Police resources focused on revenue and not enough on serious crime it shows in the numbers on WPS annual reports and recent study ranking Manitoba 12th out of 13 including territories for Justice System performance and related.
Serious crime (violent and property) higher here than most parts of Canada. Traffic violations trending up but past and recent engineering studies and transport Canada accident and injury stats show driver behavior is the same. It shows Manitoba has safer drivers on average then most part of Canada and this was the case before abusive enforcement became the standard here.
Senior officials ignored or continue to ignore reports of corruption, sole source contract with ACS and breaches in Conditions of authority fir Photo Enforcement and other serious issues.
More info here:
The International $afety Scamera industry is imploding
Summary Convictions Act (2014?)
Instead of dealing with root cause of court delays the NDP Majority government decided to amend this Act.
Effectively removing the accused’s right to question their Accuser (Police or “designated” Peace Officer aka ACS Operator). They can provide a statement but not available to question unless you subpoena them which needs to be approved by a Justice. They knew most wont bother.
This amendment not implemented yet but new PC majority government has not repealed and apparently plans to implement. It will be another charter challenge which will use more Court resources and public funds and just makes our Province look like a bunch of half wits.
What appears to be interfering in MB Courts by the past NDP and current PC governments.
What appears to be serious interference in MBCQB or MBPC
involving some Justices and the Crown in Summary Convictions court.
Several Justices ignoring or misinterpreting charter rights, sections of the HTA, perjury by Crown witnesses or the Crown staying alleged traffic offenses when the accused well prepared to contest and acquittal or conviction and appeal would have resulted in $ Millions in refunds and outstanding alleged offenses stayed (several fixed and mobile Photo Enforcement) and more to come including red light alleged offenses (due to dangerously $hort amber) and others.
Ignoring root cause of MPPC Summary Convictions court being backed up 24 months or more as mentioned above Allowing Justices, Crown or Crown admin staff to be diverted from more important Courts like Family Court and possibly from higher Courts, lying or misleading the accused and plea bargain with half off fine to change plea.
A serious sexual assault conviction in MB overturned recently due to breach of charter 11b rights.
Is this a result of the abusive traffic enforcement for revenue mentioned above consuming or re-directing more Police and some Court resources to deal with the backlog of 24 months or more?
City Parking bylaw amendments to allow ..
Know Your Zone – KYZ alleged parking offenses / tickets (was breach of HTA until argued in court by WiseUpWinnipeg but the Crown allowed to stay or allowed to drop appeal without decision made). FIPPA request was required to reveal the City (Janice Lukes and …) were advised before hand by Lawyer Michael Jack that the tickets were not enforceable but ignored.
– ticketing continued when no signs, even during daytime and when no snow fall.
Legislative changes to grant municipalities more control
Abused by City Council to amend Parking bylaw to change parking dispute process to remove right to contest in summary convictions court without having to pay $25 fee (the vast majority are issued unfairly or illegally do to missing, confusing or incorrectly installed signs and then aggressively targeted by WPA / 3rd part for profit G4S.
Allow WPA / 3rd party for profit G4S to check on private property for more than allowed 4 licensed stored vehicles and other issues.
And other legislation, bylaws and policies in place or planned with charter issues or in breach of other legislation.
Planned HTA amendments to allow future abusive traffic enforcement.
Also ACS also contracted to operate 311 in Winnipeg which shown to be acting as a buffer or restriction in some cases to accessing public services and making complaints
Urgent call to members and the general public to get informed and act
Contact you MLA and Councillor and ask then about these serious issues and share you communication and response or lack of.
Amendments to the HTA needed to require compliance with MUTCD (National Traffic Engineering Standards) for safe and efficient traffic management and to prohibit traffic enforcement where there is known deficiencies. This compliance is required in Ontario and elsewhere.
A review like the following needs to be done in MB as well and include bylaws and policies to identify and correct charter issues and other issues including allowing unlawful fines as taxes.
R v. Vader, (ABCQB) 2016 2nd degree murder conviction. Notice of appeal states the Judge presiding had made an error that ignored charter rights.
Travis Vader’s lawyer appeals verdict, cites major error in murder case
Brian Beresh is seeking have his client, found guilty of second-degree murder on Thursday, acquitted or a new trial ordered. At least one legal expert has said the verdict relied on a section of the Criminal Code that is invalid.
That the conviction relied upon section 230 of the Criminal Code which had been declared unconstitutional by the SCC in 1990 but not repealed.
Our Federal Justice Minister / AG Jody Wilson-Raybould responded in a statement that said she has already ordered a review of Criminal Code provisions found to be unconstitutional “with a view to updating the Criminal Code to reflect these decisions.
“This review is ongoing and is one part of the larger review of the criminal justice system that I have undertaken,” she said. ordered the criminal code be reviewed for errors including infringing on charter rights.