Important apology and message to members and the general public in Manitoba regarding Charter Rights, our Courts and our Leaders at the City of Winnipeg and Province of Manitoba

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Sept 22 2016 – Kevin Yaworski – WiseUpWinnipeg

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I have been advocating for our members and the general public in Winnipeg and Manitoba as part of WiseUpWinnipeg to help bring important changes involving public safety on our roads, fair traffic enforcement and related.

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I recently got some clarification on some important matters from a Senior Judge at our Provincial Court and from the Crown and it is important that I share this and some apologies that are due.  I was not required or asked to do this but feel it is important and is in the best interest of the public, our City and Province to help us move forward in a more positive way.

This involves information I  had previously shared, some corrections to instructions I provided for members and the general public concerned about their Charter rights and dealing with the Crown for alleged traffic offenses.  Some of this was then shared by our members and others in the public.

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I also want to share some advice regarding the benefits of respecting our leaders and each other even if sometimes we feel it is not deserved.   In our Courts the Crown and Accused or Defence appose each other but they respect each other and the Courts.  There is reasons for this which we can learn from.

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Read more…

I have been describing the behaviour in the Provincial Summary Convictions Court (aka Traffic Court) and from Crown Attorneys including offers to reduce traffic offence fines to change plea as a bribe and that some in our Courts  may be influenced by our City or Provincial Governments in order to advance their agenda.

After speaking to one of our Senior Judges they advised this is just a plea bargain which is a lawful way to try and get convictions they feel are deserved.  This is one method they using to try and reduce the back log we have been seeing of up to 24 months or more to go to trial for simple traffic matters and the related Charter Rights issues.

Although we don’t agree with this plea deal especially for tickets that there is evidence they were issued unfairly or unlawfully and when the accused lied to or mislead by the Crown regarding what to expect if they go to trial it was not appropriate for me call it a bribe or to insinuate the Courts may have been influenced.  It is clear to the well i formed that they Courts,Clerts and Crown are under undue pressure to deal with an unreasonable high and upward trend in voulme of alleged simple traffic matters.  This leading to bias and other errors, charter and other legal rights being ignore and public put at risk on the road.  This a direct result of political actions or inaction by the City and Province related to the known root causes of this.

The Crowns office was asked to come up with a solution to try and reduce this back log  because it was breaching Charter Rights (unreasonable delay).  They are calling this Project 4A and it involves the same reduced fine plea bargain but also calls from the Crown to ask the accused about their options on the back of the ticket including payment and plea. They offer a 15 min meeting with a Crown Attourney to discuss the alledged offense. In some cases call came from family courts which is concerning as many see this as a more import court which is having delays as well. There is also concerns they are redirecting Crown Attorney’s and Justices from more important Courts.

Some cases have been stayed or dismissed at this meeting or walk up like seat belt ticket where accused says they were wearing it but it was partially covered. This is a win win as tax payer not on the hook for officer not pulled of duty and not pensionable OT if they off duty. Other than hassle for driver to attend. Some cases it still goes to trial with earlier date.

There has been some improvement as a result of 4A but only a few months reduction in delays and little to nothing to adress root causes so much more needs to be done but not at the cost of the accused’s rights or due process.  Stay tuned as we will release more information about this soon.

More also needs to be done with the root cause of the delays.  Up to 200,000 simple traffic tickets a year being issued by ACS / Xerox Photo Enforcement and WPS officers with evidence the vast majority are unfair or unlawful due to agressive targeting of known traffic engineering deficiencies in safe and proper speed limits, amber times, signage and other issues.  This resulting in up to 37k or more being contested every years. Similar issue with WPA / G4S issuing up to 100,000 parking violation a year with evidence that the vast majority of these unfair or unlawful as well and many fed up and contesting. Combined this resulting in the back logs mentioned above.

We can’t blame this back log on the Courts or the Crown and must work with our leaders at WPS, WPA, the City and Province to stop the aggressive targeting of average safe drivers in these deficient locations instead of just the dangerous drivers or clearly unlawfully parked.  This could be argued is unlawful taxation as fines and must be addressed along with correcting the deficiencies.

We have been calling for our elected representatives in OUR Parliament to amend the HTA to require compliance with MUTCD (National Engineering Standards) developed and proven to improve safety and efficient traffic flow.  This will reduce violations drastically, improve safety, address the back log in the courts and the resulting charter issues.

If you agree you need to let your MLA know if they want your support they need to move this forward.

Correct Direction:

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After talking to the Judge and Crown I see I may have misdirected the public by sharing information from different members and including it with information I was providing. I didn’t always review it completely or any implications.  I would like to appologise for this as it was not my intention.  Part of what we stand against is misinformation or misleading.

Specifically it involved some of the steps on how to file a delay motion for Charter 11b challenge (unreasonable delay to go to trial).  The instructions should have included that 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.

It can also be argued that the original trial date notice was sent by post so the accused could reasonably assume if a new trial date available it would be sent by post. My educated guess based on an ever increasing number of fed up drivers or vehicle owners contesting (25%+) that new dates fill in as fast as they are freed up.

I updated the instructions I shared in a few places as soon as I was informed of this.

We do not share information to be used by anyone trying to avoid taking responsibility for their actions.  We are trying to help people stand up for their rights that are often being ignored.

Respecting our leaders and each other:
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When attending Court for hearings, trials or appeals it became very clear that the reason they use Your Honour and bow before addressing the court is to show respect for one another and to encourage respect and honour in those they addressing.

This helped reminded myself of something I used to always try and do but recently have let it slide as I got consumed by so much negative information I was helping uncover and the serious impacts these issues were having on the Public, OUR City and Province.  Although I was advocating and offering solutions rather than just complaining I stopped seeing the good that our Courts and leaders are doing and that is happening in OUR City and Province. It became too much and was consuming me.  If you only focus on the negative you only see more of it.

I had started dropping titles for some of our leaders at WPS, the City and Province and even resorting to name calling. An old friend and group member reminded me that I had built up a large following and my opinions were respected but I was loosing respect with this name calling so I stopped.  Although I continued to avoid titles for those whose actions or inaction left me feeling they didn’t deserve it.

Whether we like it or not we elected them and they deserve their title and respect until we prove they do not and they are replaced during a bi-election or election or replaced as staff.

If we treat them with respect we are more likely to be respected in return.  This will not happen over night but if we focus on the behaviour we want rather than the negative behaviour we are more likely to get it and see it.

For this reason I need to apologise to some of our leaders and senior staff at the City and Province that I have called names including our Mayor Bowman, Councillors Lukes, Gillingham, Allard and City Transportation Manager Mr. Escobar, as well as our Honourable Premier and Honourable Deputy Premier and any others I have missed.

Although I was asking or demanding our leaders make the changes or reforms we had proof are needed I was going about it the wrong way and in this misdirecting the public to do the same.

We need to help guild our leaders not disrespect them.  We still will not tolerate being ignored or inaction on serious issues that are affecting our City and Province but must work with them instead of against them and use the tools we have available without resorting to name calling and other childish behaviour.  They have a difficult job trying to balance the many needs of OUR City and Province and are struggling with a large net debt and other issues that they are not at fault for or only partly responsible for.

If our leaders or legislators were misguided or there is intentional abuse or unlawful actions we must work with them to have them addressed.  If needed we must challenge this in OUR Courts and our arguments and evidence will be considered fairly.  OUR Courts are only concerned with respect and upholding the law as it is written.

We have transcripts and 1st hand reports this is not always happening in Summary Convictions Court and we have raised these serious concerns with our leaders in the past and were ignored but these and related issues has recently been brought to the attention of Senior Judges.  Lets give the Courts a chance to address these.

There is indication that some changes are being made as we had a member share yesterday that they received a not wearing seat belt ticket a few days ago even thought she was wearing it but it was partially hidden by her sweater.  She attended 373 Broadway to plead not guilty and was directed to an Crown Attorney right away and  after explaining the matter was stayed.   This is a win win for the driver and tax payers was not on the hook for an officer to attend court including OT which is currently pensionable if they off duty.  Ideally if the officer was not 100% sure they should not have issued the ticket and this would have saved the hassle for the drive and some of the Crown’s time.

If this is just coincidence and these issues continue to be ignored we need to stand united against this mistreatment and injustice and demand it.  If needed appeal decisions, make formal complaints, contact Chief Justices and appeal or escolate complaint to next level etc….  We must support each other as not all can afford to do this.  Doing so will help bring decisions that can assist others.  Stay tuned for information about this as well.

If our legislators were misguided and OUR laws are flawed we must work with then to correct and if needed challenge them in OUR courts as mentioned above.

I have started to update all the post I have made on our group and on my blog to correct this misdirection.

In the mean time if you read anything I have shared please make the following substitution or any others that show disrespect.

Spin Doctor = Misguided
Abuse = mistreated
unfair or illegal tickets or fines = unlawful taxation as fines or unjust enrichment  (recent SCC rulings relating to these)

Insert titles where missing including Honourable, Position Designation, Mr., Ms, and others where missing etc…

Thanks,
Kevin

Kevin Yaworski
WiseUpWinnipeg
over 6000 Members and doubling every 6 to 9 months.

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 Important apology and message to members and the general public in Manitoba regarding Charter Rights, our Courts and our Leaders at the City of Winnipeg and Province of Manitoba

  1. Pingback: Important message for members and the general public concerned about Charter Rights and fair and lawful traffic enforcement and related matters | Whats Up

  2. Pingback: Associate Chief Justice Krahn decides in favor of self represented accused in delay motion for unreasonable delay (Charter 11b) | Whats Up

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