Aug 1 2017 – Kevin Yaworski – WiseUpWinnipeg – http://wp.me/p1fJaD-Zw
Here are just a some of the many cases that as a whole could be argued are a documented trend in Unjust Enrichment and Unlawful Taxation as Fines by some past and present senior officials at the City of Winnipeg and supported by the past and present Provincial Governments of Manitoba. Much of it involving third party for profit partners for photo enforcement ACS / Xerox and for parking enforcement G4S Tech but it also involves WPS, MPI, Tartan Towing and others benefiting or profiting off these abuses if not crimes.
Laws have been amended or repealed for centuries for being unjust and this is just some more examples where this is the case but the public is letting their elected ignore in return for apparent revenue. This is very short sighted and having enormous impacts.
Transcripts, FIPPA results, Ombudsman and other formal complaints and other documents available to prove most if not all of this and much more but these being ignored by many of the elected and appointed officials at the City, Province as well as senior staff or executives with the Winnipeg Police Service, Winnipeg Parking Authority, MPI and even the Courts when raised individually.
Aggressive targeting of known and even created dangerous traffic engineering deficiencies is at the root of many issues affecting accidents, injuries, some fatalities, delays in Court, breach of Charter and other legal rights, ignoring of due process; less focus on serious crime then is needed; loss of public trust and confidence, the economy, society and much more.
Grant Ave. approaching ACS / Xerox intersection “safety” camera at Wilton and all other locations in the City like it had dual signage of photo enforcement ahead removed from blvd to increase violations after steps taken by WiseUpWinnipeg (WUW) to expose true motive and dangers of the camera program.
– Construction Zone on Bishop Grandin when workers not present (could be infered for other locations aswell). A court decision with the help of WUW forces City to stop enforcing but they would not refund the alleged offense notices paid in good faith. NDP majority Provincial Governments later amends HTA several times without due dilegence including raising all fines, expanding photo enforcement program plus adding DCZ with double fines, reduced speed school zones, unconstitutional amendments to SCA and to allow bylaw changes to contesting parking alleged offenses. Traffic Safe Solution operators contracted by ACS / Xerox almost always only enforce when workers or kids not present to maximize alleged violations and resulting “safety” revenue.
– Grant Ave west of Nathaniel where speed limit artifically lowered against at least three PWD engineering reports and several national engineering standards. ACS / Xerox Photo Radar (not lidar) operating via service roads so not parallel to lane target vehicle traveling and metal poles often interfering. Documented evidence and expert witness testifies both affect accuracy. Crown stays midway to avoid unfavorable decision. City stops enforcement but no refunds.
– McPhillips just south of Perimeter Hwy were speed reduced as entering City limits but no dual signage and even single signage not meeting install requirements or knocked down and WPS aggressively targeting almost every day for years even after repeated attempts by WUW to get City to reinstall nocked down sign and install dual signage. Finally MIT contacted and they installed dual signage immediately right before the City limits. Zero enforcement since but no refunds.
– Similar issue as above for speed limit sign on Grant Ave not installed to correct height and aggressively targeted by WPS. City forced to correct after years of pressure from WUW and then zero enforcement but no refunds. Mayor Katz and City refuse to correct other signage issues documented throughout the City. He and WPS falsely declare the 95% drop in violations a result of enforcement. Similarly with a few other signs corrected and speed limits in two locations raised to meet safety standards.
– Several Construction Zones and Designated Construction Zones with missing or incorrectly installed signage. Proven in court with the help of WUW but no refunds. WUW documented 100’s of Speed Reduction, School Zone, Reduced Speed SZ and Playground Zone signs missing or incorrectly installed including one involving playground with missing sign which may have contributed to child fatality. Google Street View shows Sign reinstalled after incident but FIPPA request for work order came back records destroyed. All but a few signage issues ignored and then only after protests and media coverage. No refunds.
– KYZ unlawful ticketing due to missing signage as per a HTA. JJP Klassen ignores and convicts in WUW supported case. Appealed and City with direction or advice from former City lawyer and the COO Michael Jack decides to stop contesting appeal. Justice McCrawly says City ducking out but ignores call for appeal to be heard in the name of public interest and overturns conviction. FIPPA requesr later proves Michael Jack advised Counc. Janice Lukes (Public Works Chair at tbe time and others the tickets were unlawful. No enforcement after but no refunds. They since started ticketing again. Court action started.
– Parking Tickets with invalid notification due to missing legal required wording for how to contest. City stops collecting but no refunds.
– Crown stays alleged speeding offense with ACS / Xerox stationary $afety camera at Marion and Dufrense. WUW helps self represented accused get well prepared including requesting to subpoena tester on certificate and raising many arguments in pretrial. Alleged offense occurred in 2013 but trial not scheduled till 2015 after a delay by the Crown of over 18 months.
– City wide 4 sec amber light time policy regardless of speed or other factors is Dangerously Short at 60 – 80kph intersections but nets up to 800% increase in red light camera violations. Several thousand per year just at Bishop Grandin Blvd and River Rd. (80k with no advanced warning flashers).
** Many rear end collisions, related collisions, injuries and at least one fatality in Winnipeg caused or contributed to by the dilema zones created by these short amber times. A Profession Misconduct complaint filed with MB APEGM against City Transportation Manager Luis Escobar and two other City Engineers saying they ignored experts, proven national traffic engineering standards (required by law in ON) and examples from other jurisdictions when recommending the City keep this amber time policy. The panel of engineers agreed with Complaint against Escobar but the report buried and non compliant members replaced with compliant ones and new report released. Whistle Blower leaked the original report and the Metro covered it in detail. City COO Michael Jack (Former City Lawyer) responds in a string on letters that they not required to follow these standards. Then Profession Misconduct complaint against him with MB Law Society finds him in conflict of interest and practising without a license when giving legal advice to Escobar and two other City Engineers in APEGM complaint. Now Jack and others at City Hall want to waste more taxpayer funds fighting a losing battle in Court over this policy. JJP at Traffic Court for initial hearing already caught trying to implement publication ban when accused or Crown didn’t request and without authority so the Judiciary independence once again called in to question.
– Temp No Parking Signs not installed at least 24 hrs in advance and aggressive ticketing and towing by G4S and Tartan towing. Allegations of colluding. City forced to sopped enforcing but once again not refunding those paying in good faith. Repeat incidents since with and without Tartan towing.
– Locations with missing, obscured, confusing or incorrectly installed parking signs aggressively targeted by WPA / G4S incl near HSC. Years of requests by WUW, media and at least one parking enforcement agent employed by G4S Tech to correct issues ignored by WPA and City. Only one or a few locations corrected after same agent gets fed up and blows the whistle, WUW protests and CBC Marketplace coverage.
– Delay motions with Charter 11b challenge resulting in Judicial Stay by Justices after accused represenred or helped by WUW to address unreasonable delays of 17m and 18m or more but little to nothing done to address root case. Appeal reinforces 18 month ceiling but again nothing done with 10’s of thousands or more cases with unreasonable delays in the queue being igmored. This even after Justice confirmed Charter rights are to be considered even when the accused is not aware of they have these rights.
– All Designated Construction Zone alleged offences unlawful as per missing wording in HTA. Crown in MB SCC advised of arguments in advanced and stayed to avoid unfavorable decision. City stops enforcing for almost a year but won’t admit fault or issue refunds. Second case arguing same and had to ambush with lawyer just as trial starting but JJP reserved decision (rare for MB SCC) for two weeks and then convicted. This being Appealed.
There is many more examples.
It is long overdue for enough of the public to unit and protest these Crimes. If needed Class Action where the Crown can’t stay to avoid decision. There is the following SCC decisions to rely on for this and possibly more since.
The only thing holding this up is WiseUpWinnipeg needs more support from the public. To learn more, get involved and on ate visit http://wiseupwinnipeg.com and the regular pinned post on the WiseUpWinnipeg Facebook page.
Restitution for unjust enrichment of unlawful taxes, charges, fines, etc.
taxes called “taxes” but also to taxes called “fines”
taxation through traffic over-regulation.
applies not only to taxes called “taxes” but also to taxes called “fines”
Here is some court case precedents for any action for recovery of past fines paid for unlawfully collected traffic, parking / bylaw fines.
The leading Supreme Court of Canada case regarding restitution for unjust enrichment for ultra vires (unlawful) taxes is:
Investments Ltd. v. New Brunswick (Finance),  1 SCR 3, 2007 SCC
(See especially the headnote summary before the ‘Cases Cited’ heading.)
The Kingstreet Investments principle applies not only to taxes called “taxes” but also to taxes called “fines”. Here is a case concerning the University of British Columbia’s parking fines which were collected under authority of a provincial Act which turned out to be unlawfully:
The University of British Columbia, 2009 BCSC 425
(See especially paragraphs 58–76.)