Is the Manitoba Parliament and City of Winnipeg really focused on public interest?

Dec 21 2017 – Kevin Yaworski – Public Advocate – WiseupWinnipeg

There appears to be some public interest legislation that came out of the last MB Parliament session like improvements to Ombudsman, Disclosure and …

What about the new Provincial Offenses Act (POA) and MB Bylaw Enforcement Act (MBEA) ammendments that are arguably unconstitutional and makes it easier for them to try and ignore charter rights and other legal rights while ignoring abuse by CoW, GoM, WPS, Xerox / Conduent, TSS, WPA, G4S Tech and MPIC? There is over 300,000 alleged simple traffic, parking and bylaw offences issued per year and trending up. The majority are unfair or unlawful and those contesting abused again in court with in professional conduct, errors and bias by many of the Crown, JJP’s and some Justices.

The new parking offence “review” process is already under Judicial Review related to at least unlawful KYZ alleged offenses. The delays to go to trial charter issues are being heard by MB’s higest Court the Court of Appeal (CA). The amendments to the HTA to allow vehicle owners to be issued photo enforcement alleged offences is being challenged in Court of QB and if needed CA.

Dangerously short but very profitable 4 sec amber time policy regardless of speed and most other factors being challenged in Court with City Engineer Luis Escobar resigned and WPS expert admitting his study and report based on Escobar’s report which was more than just flawed. Stay tuned for updates on these and other direct actions by WUW and members.

These legislation, bylaw and policy changes had little to no public consultation and are clearly against public interests based on a trend of behavior by those above.

They only make it harder to contest unfair and unlawful traffic, parking and bylaw alleged offences and boost apparent revenue. This is short sighted and the impacts are enormous. It equates to unlawful taxation as fines and worse and involves over $5 Billion since 2003 considering velocity of money.

If you are concerned contact your MLA and Councillor, the Premier and Mayor, the Justice Minister, the Auditor General, CoW Integrity Commissioner, MB Conflict of Interest Commissioner, Chief Justices, APEGM, LSM, Ombudsman and others involved. If needed appeal and or escolate formal complaints and use FIPPA etc…

Once enough of the public work collectively things will change. Waiting till the next election has failed repeatedly. More needs to be done in between them.

News Release – Manitob

a

Français

December 8, 2017

LEGISLATIVE SESSION CHARTS NEW COURSE, FOCUSED ON LONG-TERM, SUSTAINABLE MEASURES

https://news.gov.mb.ca/news/index.html?item=42719&posted=2017-12-08

Sounds like I spoke to soon about public interest legislation.

https://www.winnipegfreepress.com/opinion/analysis/new-legislation-doesnt-do-enough-for-whistleblowers-465116323.html

New legislation doesn’t do enough for whistleblowers

By: Todd MacKay
Posted: 12/19/2017 3:00 AM

A lot of Manitobans would be better off today if they could have heard Jack Dalgliesh blow the whistle.

His story is worth recounting as the provincial government introduces legislation to strengthen protections for insiders who sound the alarm.

Dalgliesh crunched the numbers on the Crocus Investment Fund and warned the provincial government it would collapse in a few years. The government ignored that warning. But Dalgliesh was right and the fund’s failure cost taxpayers and investors millions.

And even though he was right, his superiors ignored Dalgliesh and subsequently sentenced him to a bureaucratic purgatory where he wasn’t allowed to work. He read novels, from Animal Farm to War and Peace. He studied philosophers, from Socrates to Sartre. He was willing to work, but the work he was given only kept him busy for a couple of weeks a year.

Why didn’t Dalgliesh blow the whistle publicly?

“As you might imagine, I was pretty intimidated — profoundly intimidated,” Dalgliesh told the CBC after he retired. “I obviously was being invited to quit, after 20 years, without severance.”

But Dalgliesh couldn’t quit — he needed his paycheque to provide for a son with a disability.

The decade-old Crocus Investment Fund debacle is rushing back to relevance as the Manitoba government introduced legislation to protect whistleblowers.

“Expanding the Whistleblower Protection Act reaffirms our commitment to greater accountability and transparency throughout government, while furthering our open-government initiative,” stated Finance Minister Cameron Friesen when he announced the amendments on Dec. 6. “Proposed amendments would enhance the investigative powers of the ombudsman, while further strengthening the protections for Manitobans who make disclosures from reprisal.”

First, the legislation will keep whistleblowers’ identities confidential. Currently, whistleblowers can come forward confidentially, but they risk being identified if the issue escalates to administrative tribunals or civil courts. The new legislation will ensure that whistleblowers’ identities are kept secret throughout the process.

Second, the legislation also requires that any reprisals against whistleblowers are investigated. Every whistleblower knows there’s no way to guarantee immunity from retaliation. But if there is blowback, the ombudsman is required to look into it.

Third, the legislation is expanding its protection to cover the education system. Municipalities, such as the City of Winnipeg, will have the opportunity to extend those protections to their employees, too.

“This change was requested quite some time ago of the previous government, but wasn’t implemented,” stated Mayor Brian Bowman in the province’s release. “I am grateful the current government has included our request in the amendments.”

The need for that third provision is highlighted by the scandal surrounding the construction of the new police headquarters. That scandal came to light in part because whistleblowers confidentially informed the Canadian Taxpayers Federation (CTF) of their concerns. The job of cleaning up city hall is ongoing and this legislation is part of that process.

The CTF contacted Dalgliesh to get his views on the legislation and he doesn’t think the new protections would have been enough to make a difference in his case.

“Crocus went through a policy analysis within the government and it had been sold lock, stock and barrel to the politicians and senior bureaucrats who were ready to die fighting for it,” wrote Dalgliesh in an email. “They were either too stupid to understand that it would result in many Manitoba investors losing most of their investment, or knew it and didn’t care.”

Dalgliesh’s decisions had real consequences for his own career, but he points out that those responsible for the debacle weren’t fired. In fact, it’s worth noting that then-finance minister Greg Selinger ascended to become premier during that time and declined to apologize to Dalgliesh, despite demands to do so in the legislature.

All of which brings us to the point where good intentions collide with harsh realities. It’s clear the province is trying to do the right thing by strengthening protections for whistleblowers and they may provide some help in some situations. But there will always be sleepless nights for would-be whistleblowers, especially as they weigh the risks they’re taking while those who are responsible for irresponsible behaviour remain unpunished.

Todd MacKay is Prairie director of the Canadian Taxpayers Federation
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About Kevin Yaworski

I use my blog to write about things I find interesting or that I think are matter of public interest.
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