Unfair and unlawful ticketing and contesting process

Feb 2 2018 – Kevin Yaworski – WiseUpWinnipeg

I contacted 311 and our acting Deputy Assistant Mayor / my Counc. Matt Allard after having issues parking when attending the Know Your Zone Judicial Review today.

———- Forwarded message ———-
From: “Kevin Yaworski”
Date: Feb 2, 2018 6:17 PM
Subject: Faulty parking meters
To: “311” <311@winnipeg.ca>, “Allard, Matt” <MattAllard@winnipeg.ca>
Cc:

Dear Sir or Madam and Counc. Allard,

Thanks for choosing to serve the public to make Winnipeg a better place to live, work and visit.

While attending Court at 408 York for the Judicial Review of a Know Your Zone alleged parking ticket. I saw a few things that I think you should be aware of and do something meaningful about.

Parking meter on Vaughn st. just north of York Ave. West side.

Pay station # 5465

Only taking some coins, not registering others and not refunding. It took all my coins but luckily I had a credit card. It took 3 tries but eventually it took payment. In the past I have had a meter eat my card and had to arrange to meet tech later to retrieve.

The City owes me $2.50. Please credit my taxes or send me a cheque.

While there I noticed what appeared to be cars being ticketed via WPA / G4S camera van driving by stopping at cars and then continuing. This is not the 1st time we have seen similar where meters broken and including hand written tickets. We get many reports on social media of similar and then even more unfair treatment by the City, WPA and adjudicators. This is more than despicable.

This is not the 1st time myself and many others I have spoken to that have had problems with meters broken in Winnipeg and many cases with more tickets instead of fixing.

In many other cases with drivers inside the vehicle running in a no parking zone (not a no stopping zone) while they pickup elderly or disabled person then getting a ticket in the mail.

Please do the decent thing and improve meter maintenance and enforce this when Prairie or whoever has the contract for meters. Get WPA / G4S to check meters when several vehicles in violation and stop these unfair if not unlawful ticketing practices for these, KYZ and others.

Here is local and national coverage of this more than embarrassing behavior.

The worst places to park in Canada: Parking ticket traps, unfair tickets – CBC Marketplace and related
http://wp.me/p1fJaD-MF

Watch “The worst places to park in Canada: Parking ticket traps, unfair tickets (CBC Marketplace)” on YouTube
Nov 18 2016
Several parts involve Winnipeg throughout this episode
https://youtu.be/JR2drKqXxyc

What are the worst places to park in Canada? Here’s the data on that
Nov 19th 2016
www.cbc.ca/amp/1.3854094

Unfair parking fees on private lots aren’t tickets — so you don’t need to pay them, expert says
Best to contact them to dispute the fairness but if they ignore don’t pay.
www.cbc.ca/amp/1.3851956

I look forward to your responses.

Kind Regards,

Kevin Yaworski

[contact info]

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Issues in MB Courts related to Simple Traffic, Parking and Bylaw matters

Manitoba Law Courts
Jan 28 28 2018 – WiseUpWinnipeg
There are numerous issues with the new way the Province of Manitoba is trying to “streamline” the processing of traffic tickets (alleged offences). We wanted to outline some of the issues. This is on top of how they and the City of Winnipeg already streamlined how parking and now 700 other bylaw alleged offences handled. Combined up to 300,000 traffic and parking alleged offences being issued per year in Winnipeg and trending up.
1 – No Right To Appeal
The new law says you have no right to appeal and have to ask for permission (leave). This is troublesome because the Manitoba Courts have had a clear history of avoiding issues and this just gives them an easy way to not even have to hear the case. Previous to the change, you had a right to appeal to Queen’s Bench from Traffic Court and if you wanted to have a further appeal to Court of Appeal, you had to ask for leave. At that time, the Court of Appeal continually dismissed leave requests typically on the basis that traffic tickets are not important enough of an issue. There are some insane rulings that even though the decisions are clearly wrong, Court of Appeal has refused to hear an appeal on the basis that they don’t consider it to be a societal concern to sort out. That certainly gives no justice to the individuals and is now going to be the way Queen’s Bench can refuse to consider the issues. Even though the law says you can ask for leave, the history has been, they don’t grant it for traffic tickets and there’s no reason for that to change.
While there have been decisions from Queen’s Bench that Court of Appeal refused to sort out, there are even more that came out of Traffic Court and did get sorted out in Queen’s Bench. Here’s a few examples:

-The photo radar program was not putting serial numbers on the testing certificates. We argued one of these and Traffic Court continually upheld the certificates as not having to comply with the rules. That was eventually overturned because somebody appealed it to Queen’s Bench.

-Traffic Court was repeatedly ruling that speed limit signage is not required in Manitoba. That got overturned in a QB appeal.

-Traffic Court also was refusing to hear the arguments that Know Your Zone was illegal. It only got exposed because at that time, there was a right to appeal.
The new law now allows them to give unjust decisions in Traffic Court with no right of having it reviewed in Queen’s Bench. The decisions since then have been getting worse. We argued a case last month where they forbid us from arguing the case even though the law said we could. They just said they weren’t going to allow it. The ruling was illegal but there’s nothing that can be done about it.

2 – The Officer No Longer Has To Be In Court
There is no longer a right to face your accuser. That is a major problem considering how many problems there are with the testimony that was given in the past. Here are a few cases that relied on the interviewing of the officer:
-In Know Your Zone, even though Traffic Court gave the wrong ruling, it was because of the right to interview the ticket officer that the fact there were no signs was able to be established. Had this not been on the record, the outcome may very well have been different in QB. KYZ would never have been exposed had there been no requirement to produce the officer or right to appeal.
-In a Grant case, the photo officer was eventually exposed for lying about the presence of speed limit signage. It was only because of the right to question him that it got exposed.

-The police write illegal tickets for not stopping for 3 seconds at a stop sign. There is no such law and cross examination is needed in order to establish that fact. Otherwise, the officer could just write that the sign was disobeyed and the pertinent details would never come out if the officer doesn’t have to come to court.
– We witnessed a case in 2015 where the officer’s entire story was exposed for being contrived. It was only revealed because the motorist had the right to interview him.
Under the new system, the officer can just write that the offence occurred and that is enough for the courts. There were already so many problems when the officer had to face questioning. Now, it’s even worse when they won’t be interviewed and then compare that to the confidence that Traffic Court will have knowing there is no right to appeal their decisions.
3 – No Requirement to Serve The Ticket
Under the old law, they were required to prove you got the photo ticket. Things get lost in the mail and now you are legally deemed to have known about something you never got. We don’t have to explain further how wrong that is.
4 – Fees For Not Showing Up
If you plead not guilty and don’t show up, they tack on another $50. That would be on top of $50 they would tack on if you didn’t get the original ticket. That ticket already includes a $50 justice fee so now you’re looking at $150 added to what was already the highest fine in the country. This new fee makes no sense. You have the right to a trial and if you don’t show up, they get to convict you anyways in your absence. If anything, that makes for an easy case for them. In theory, you could show up and take up hours of court time and have no added fee or miss it and have them dispose of it in 1 min and then add the fee. This is even more egregious considering that no cop or photo officer is in court anymore either. We had a case last month where they sent the lady the wrong court date. She went at the time she was told to and there was no court. They then default convicted her for not showing up at the real time and added $50 for her not showing. When she went in and showed them that they sent the wrong time, they said it didn’t matter and upheld it. That is illegal but it is another example of how much worse it is getting with Traffic Court’s new confidence that comes from knowing you have no right to appeal them.

There are many more problems including the aggressive enforcement of known, created and dangerous signage and other engineering deficiencies but we’re sure those four alone are enough to show how much more unjust this system has gotten. It really is an entire attack on the principals of our legal system such as “innocent until proven guilty”, the “right to face your accuser” and the “right to make full answer and defence” People need to be made aware of how abusive this is getting otherwise it will keep getting worse. This is and has undermined public confidence, trust and respect for police, government and the judiciary (Courts).
The Province has the responsibility and authority to deal with these very serious issues but is not only ignoring but taking deliberate steps to make them worse in return for a 50% share in the traffic $afety, parking and bylaw fine revenu

e.

The past NDP and current PC Majority parliaments have gotten away with this because the strong Premier model and rushing legislation through with little to no due diligence, public consultation or debate.

Many in the legal industry, law society and judiciary are turning a blind eye to abuse of the public as they benefit from litigation, legislation and charter court challenges etc… Justices and Lawyers make much more than many professions. There has already been many allegations, formal complaints and some convictions of colluding between lawyers and with police to create more litigation and related corruption.

The POA, MBEA and amendments to HTA and related legislation, bylaws and policies are clearly against public interest and arguably unconstitutional. The fact they include that you can still subpoena the officer or operator and other bits added may make some feel better but collectively the changes go against many of the fundamentals of our justice principles and I am sure the highest courts will agree but that takes time and money which are at limited supply. In the mean time the public, economy and society is being abused and paying the price for the few that benefit.

Much more detail and what can be done about it here:
Pinned post and links within at
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Police probing Bell Canada data breach; up to 100,000 customers affected – The Globe and Mail

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Police probing Bell Canada data breach; up to 100,000 customers affected – The Globe and Mail

From The Globe and Mail:
https://www.theglobeandmail.com/report-on-business/police-probing-bell-canada-data-breach-up-to-100000-customers-affected/article37701579/

Via The Globe and Mail’s Android app

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Police probing Bell Canada data breach; up to 100,000 customers affected

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Update on Delay motions with Charter 11b – Seeking cases in MB

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Jan 18 2018 – Kevin Yaworski – WiseUpWinnipeg

Important request for all members and the general public viewing that care about charter and other legal rights as well as fair and lawful treatment on the road and in the court room. Please share this important request online and by word of mouth.

It is critical that we get this request out to as many people as possible.

We want to hear from anyone who has or is filling a charter challenge. E.g. delay motion after their trial date for simple traffic, parking or bylaw matter delayed by 18m or more from alleged offense date (minus any time the accused requested for adjournment), or lack of disclosure etc…

Or if the Crown mislead you during pretrial or prevent hearing communications or before Court when checking in. E.g. You asked about the delay to your trial date of more than 18m and they didn’t tell you that you needed to file delay motion application, etc…

If you or someone you know has please contact us as per below.

Please share this important request online and by word of mouth.

We will try and assist where possible with the preparing of filing the delay motion application with charter 11b challenge and brief.

Note we are not lawyers and are volunteers that can share information and experience from our and other members experience. If you are seeking legal advice please contact a lawyer.

You can reach us at info@wiseupwinnipeg.com and on Facebook at WiseUpWinnipeg and http://www.wiseupwinnipeg.com

Please consider volunteering and donating to WUW initiated Court actions with legal counsel launched on behalf of and to the benefit of the general public in Manitoba http://www.wiseupwinnipeg.com/donate

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U.S. lawsuit accuses banks of rigging a Canadian rate benchmark

Jan 15 2018 – Kevin Yaworski

More allegations of Corporate corruption. Similar to price fixing that Loblaws (Superstore and Shoppers Drug Mart) recently admitted too.

In this case it may not affect you directly but may have affected yur pension earnings and likely other direct impacts.

Canadian banks and regulators proven to do a better job than US counterparts in the past. Let’s hope these allegations proven wrong or the Courts and regulators impose harsh enough consequences to

From The Globe and Mail:
https://www.theglobeandmail.com/report-on-business/us-lawsuit-accuses-banks-of-rigging-a-canadian-rate-benchmark/article37608402

Lawsuit in U.S. accuses nine banks of rigging Canadian rate benchmark

JANUARY 15, 2018 / 1:36 – Reuters

Jonathan Stempel, Matt Scuffham

https://ca.reuters.com/article/topNews/idCAKBN1F42IN-OCATP

Here is more info and link to register for $25 Gift Card from Loblaws for bread price fixing.

https://wp.me/p1fJaD-1fa

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