Apr 1st 2018 but no fooling – Kevin Yoworski
This is a concerning issue many members and viewers of WiseUpWinnipeg plus the General Public have faced. The consequences for allowing and ignoring these are mounting. Please listen to the CBC podcast with interviews, read this long but important post and take meaningful actions to help get these serious issues addressed.
I myself have heard police officers, 3rd party photo enforcement operators and Crown prosecutors on several occasions lie, mislead or bully in and outside of the lower Courts for simple traffic matters while appearing for myself or someone I was representing (as self represented as I am not a lawyer). I have witnessed JJP’s and Justices in the lower and some of the higher Courts allow above behavior and do nothing or simply stay plus be error prone and biased against the accused. Only in a few cases for these matters I was involved with or observed did I see or hear about fair, lawful or just treatment of the accused by Police, the Crown and Justices.
I have heard or been given many independent 1st hand accounts of similar and much worse occuring for simple traffic, parking and bylaw matters and a few more serious matters while observing in Court or while playing a leadership role in WiseUpWinnipeg (a large and fast growing public advocacy group). Much of this documented in transcripts, other court records, formal complaints and elsewhere.
*** Yet why is so little being done about this? The opposite has actually occurred with many political and related actions taken that have made matters worse ***
Here is one example of many we have that demonstrates bias and unwillingness of several in the MB Judiciary to even properly acknowlege these serious issues never mind take appropriate action.
During an assignment Court hearing last fall in MBQB for an appeal of what was arguably a wrongful conviction I raised the issue of this well documented trend in behavior against public interest and asked the Justice for more time to obtain records from the lower court and if needed FIPPA results and prepare.
The Crown had already given me more time to file Factum and was now objecting. After hearing me Justice Saull said “that is quite the story, have you contacted the papers”. I had been in the media on TV, print and online many times plus was given favorable decisions in important cases but was not going to get into a pissing contest with him plus had already taken a fair amount of the Courts time so simply said yes. He responded with “I havn’t read it”.
I tried again to briefly impress upon him the importance of these issues, the undue pressure the high volume of alleged simple matters was having on the clerks, Crown, JJP’s, Justices and Courts in general and the impact it was having on public trust and respect of Police, the Courts and the system. I even mention ACJ Krahn in MBPC in R v. Yaworski had said this in relation to at least long delays to go to Court for simple traffic matters.
He said this appeal was not the place to hear the larger issues I was trying to get addressed. I said other methods via contact with many elected and appointed officials had been for the most part ignored and Class Action is very costly and slow moving but the public is starting to donate to this. I said several cases myself and others involved with where we were well prepared got stayed by the Crown in what appeared to be avoiding of unfavorable decisions and precedence.
He appeared to get annoyed by my persistence of this being of public interest and said “How about I hear your appeal right now”. I was the last one in the room. He asked the Senior Crown if she was prepared to proceed and she said we normally require the Factums but if I was OK she would proceed.
I said that if he ordered the disclosure of the additional transcripts I had requested via previous motion (abandoned due to family and work commitments) to reinforce this trend because I could not afford them I would be happy to proceed without the Factums.
He said “What do you think this is the Soviet Union”. Not sure what he meant by that but if he meant it would expose behavior that was unfair, unlawful and unjust I agree.
He reluctantly gave me 30 days to file factum or appeal would be dismissed. I obtained some of the records (docket lists to demonstrate some of the trend) a few days before deadline to file factum but no more transcripts. I had tried without success to obtain a para legal at low cost or volunteer to help prepare as I had commitments with family and work. I was not able to prepare factum in time and the Crown and or court dismissed the appeal.
There is also allegations and some evidence of serious wrong doing and criminal behavior involving collusion of police, Crown and Defense lawyers and in some cases Justices or public officials of malicious prosecution, preventing necessary prosecution, dragging out litigation at great cost to the accused or family members in family court, interference, excessive or unnecessary fees and interestablished etc..
Allegations against Provincial and Federal or National law societies and related.
If you are concerned with this dangerous trend and want the root issues addressed see the WiseUpWinnipeg pinned post on FaceBook, links within it and visit www.wiseupwinnipeg.com or public interest advocacy groups in other areas.
Michael’s essay: When the police give false testimony in court – CBC Sunday Edition
Mar 23, 2018
“Some cops have a name for it: ‘testilying.’ It’s also called Blue Lies.”
For more discussion