Class Action against Photo Enforcement and Crown knew tickets unlawful

Dec 31 2016 – Kevin Yaworski – WiseUpWinnipeg – http://wp.me/p1fJaD-Qy
Updated: Jan 7 2017 – CJOB media coverage with interviews of Todd Dube of WiseUpWinnipeg

A class action lawsuit involving $50 Million in photo enforcement tickets was filed Friday in Quebec and could reach nearly 400,000 people.  This after the Crown said it would not appeal a decision in November that found evidence from these tickets were hearsay, notice of alleged offense delayed, presence of signs not verified and other legal and Charter Right issues.  A second class action lawsuit filed shortly after but only one likely to be considered to proceed.

$119 Million in photo enforcement tickets issued in Quebec over the last seven years with $37 Million of that from just two locations.  In Winnipeg there has been more than $120 Million in tickets in less than three years with much less population and traffic flows.

Freedom of Information request results prove the Crown knew for over a year that tickets were not lawful and stayed cases whenever the defense raised these arguments at pretrial.  Similar has been happening in Winnipeg for traffic and parking tickets when the accused well prepared.  For the those not prepared before attending traffic court in at least Manitoba their legal and charter rights as well as due process ignored and other serious issues.

After all this the Quebec Ministry of Transportation is still allowing photo enforcement to continue even though they know evidence is not admissible and the accused can ask for reimbursement of legal and time off work costs.  They are hoping more just keep paying.

Here is a blog post of mine with links to the news stories regarding above in English via Google translate.  I included links to the original stories in French plus a link to another post with details of the decision in November.

This decision and others can be relied upon for cases in Manitoba and elsewhere in Canada.


CJOB media coverage with interviews of Todd Dube of WiseUpWinnipeg

Combined two segments discussing this recent news about this Quebec decision and how this relates to Photo Enforcement in Winnipeg

Dec 28 2016 2pm – Case not appealed by Crown

Jan 6 2017 – 2pm – Class Action involving $50 Million in tickets

https://youtu.be/GT_LNgVX9Vg

Source: CJOB Audio Vault: http://www.cjob.com/audio-on-demand/


Here are links to the news stories in English via Google translate.  Original’s in French below as well as link to the full decision in French and an English translation.

First class action against photo radars

https://translate.googleusercontent.com/translate_c?depth=1&hl=en&nv=1&rurl=translate.google.com&sl=auto&sp=nmt1&tl=en&u=http://www.journaldemontreal.com/2016/12/30/premier-recours-collectif-contre-les-radars-photo

Photo gaps: known flaws over the past year by the Crown

https://translate.googleusercontent.com/translate_c?depth=1&hl=en&nv=1&rurl=translate.google.com&sl=auto&tl=en&u=http://www.lapresse.ca/actualites/justice-et-affaires-criminelles/actualites-judiciaires/201612/01/01-5047280-radars-photo-des-failles-connues-depuis-un-an-par-la-couronne.php

Photo radars remain in service despite

https://translate.googleusercontent.com/translate_c?depth=1&hl=en&nv=1&rurl=translate.google.com&sl=auto&sp=nmt3&tl=en&u=http://www.lapresse.ca/le-soleil/actualites/transports/201612/29/01-5055415-les-radars-photo-demeurent-en-service-malgre-tout.php

Original stories in French

Premier recours collectif contre les radars photo

http://www.journaldemontreal.com/2016/12/30/premier-recours-collectif-contre-les-radars-photo

Radars photo: des failles connues depuis un an par la Couronne

http://www.lapresse.ca/actualites/justice-et-affaires-criminelles/actualites-judiciaires/201612/01/01-5047280-radars-photo-des-failles-connues-depuis-un-an-par-la-couronne.php

Les radars photo demeurent en service malgré tout

http://www.lapresse.ca/le-soleil/actualites/transports/201612/29/01-5055415-les-radars-photo-demeurent-en-service-malgre-tout.php

More info on the original decision in my previous post

Quebec, Canada Court Strikes Down Speed Camera Program

About Kevin Yaworski

I use my blog to write about things I find interesting or that I think others should know about.
This entry was posted in News and politics and tagged , , , , , , , , , , , . Bookmark the permalink.

One Response to Class Action against Photo Enforcement and Crown knew tickets unlawful

  1. Pingback: Quebec, Canada Court Strikes Down Speed Camera Ticket – Should Shutdown Program | Whats Up

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s