Associate Chief Justice Krahn of the MB Provincial Court (MBPC) read her decision today in court for my delay motion with charter 11b challenge that was heard on Sept 20th.
This was regarding a trial for an alleged offense of speeding in a reduced speed School Zone (53kph in what I and many including traffic engineers consider to be artificially reduced 30kph zones). This was a WPS officer issued offence notice. There was a delay of 18 months and 9 days from the offense date and the date the trial was scheduled for by the Crown. The original hearing was over 2 hours long and there was several arguments and evidence presented by the Crown and myself.
Justice Krahn found in favor of me and stayed the offense. She agreed with all my numerous arguments or points except a few. Some of these have the potential to impact a large number of other simple traffic matters that have been unreasonably delayed (i.e. not by the accused).
She said her written decision will emailed to me by Friday Oct 28th. I will share it once I have it. This should be a huge story in media and hopefully force the City and Province to address the root cause of delays in at least our Provincial Summary Convictions Court (aka traffic, parking or kangaroo court). If anyone wants more info in the meantime comment on this blog or private message me on Facebook.
Comment from WiseUpWinnipeg member and my reply?
Will this too, be appealed by the crown?
Kevin Yaworski Justice Krahn mentioned this appeal in her decision as I brought it up in my hearing at least for 2 points. This decision will hopefully set a precedence and mean people can reply on it and do not need to wait till the Grant appeal in Feb. She did say the Court can’t stay offence on mass and matters need to be looked at individually. That said some of the points I raised and her mentioning she agreed in her decision should send a clear message to the City and Province that they can’t ignore the root causes of the delays. We will see what can be read from the full decision as it took about 40 mins for her to read and will take some legal minds to understand it better, the implications and how we want to proceed.
I defended most of the points the Crown raised so this should make it harder for a appeal to be even heard but we will see. Lets stay and focus on the positive. I am a strong believe on the power of being united and even positive energy (e.g in sports games from the crowd good or bad etc…).
Jordan (SCC) states 18 months is the ceiling for unreasonable delay in basic criminal matters and says it should be less for simple matters (.eg. traffic matters). Grant and Segodnia (MBPC) said 4-6 months or 6 months. Justice Krahn referred to Justice Harvie’s decision of 4 to 6 months but did say it needs to be looked at per case. The most important thing is that the City and Province need to address the root causes of these delays and some of her decision should help with this but only if enough of the public get involved.
Justice Krahn also mentioned in her decision the WPS Report for 2015 that I entered as evidence and “the trend in Photo Enforcement tickets from 80k to 140k in few years” when she said she agreed with me that the Crown can’t rely on intstutional delay to make it reasonable. I.e. because they have known the cause and didn’t try and address it till Feb this year with the 4A project.
Even then the Crown didn’t have any stats on hoe much it was helping. It does not address the root cause. I brought this up in my arguments and other evidence including the City Audit of PE 2005 – 2006 which states that the primary goal was to improve safety and reduce violations and secondary goal of helping the city meet budgeting challenges. It mentions the conditions of authority agreement between the Province and the City required it be demonstrated annually that these goals are being met or the Province can terminate the agreement with any cost to the City.
This audit also said the procurement process was nt followed, false and misleading information was given to Council when Contract with ACS was reviewed and awarded and the substantially lower cost bid from EDS was rejected without valid reasons. Also the contract was later renewed but I have not seem any info on if the procurement processes was followed.
False or Misleading stats continue to be used to try and show safety improvement and they ignoring the increase in violations and the Primary goal is clearly revenue based on City budgets even saying traffic enforcement revenue less than expected or $X Million more needed.
I was disappointed that there was little mention of this in ACJ Krahn’s decision when it is clear that it is the root cause of the delays. The vast majority of traffic and parking tickets are Unfair and unlawful for the reasons well documented.
Why go to this extent?
I have been involved in WiseUpWinnipeg for many years but only more active in the last few years. I got involved more not for myself but because these and related matters are affecting a lot more than just drivers and vehicle owners. The consequences of ignore the root causes of these delays and related serious issues is far reaching from a social and economic perspective. The reasons for these issues are political related and are the cause of many of the issues our City and Province face.
Core members of our group like Todd Dube and Chris Christian Sweryda and other active members have inspired me. They have been involved way more than I have and I have done a considerable amount. If we had more doing just a fraction of this we wouldn’t be were we are and we would be one of the better Cities and Provinces in the rankings an not one of the worst.
I try and look at the big picture and encourage others to do the same. Democracy, a well run City, Province and Country for that matter does not happen by itself and needs regular involvement for lots of the public. Failure to do this will allow greed, self serving and special interests often lead the way. The public can change this if they work collectively, stand up for their rights; for fair and lawful treatment and for more severe consequences for those that knowingly abuse the public, public funds etc… or turn a blind eye to it.
Fore more info see: