Interesting Ontario Traffic Court and Appeal decisions from 2009 but some if not all of these and related issues are still relevant today in at least Winnipeg

Feb 10 2017 – Kevin Yaworski – WiseUpWinnipeg http://wp.me/p1fJaD-Tr
In Ontario the police have or had been issuing speeding offenses with lower speed then they observed and when the offense contested the Crown threatened to amend the charge at trial to the higher speed and get officer to testify to this in an attempt to get the accused to change plea.

The Justice denies and convicts with the speed on the offense and the Crown appeals but it is upheld.  The Appeal decision even states the officer didn’t try and plea and just wrote lower speed and in doing so the officer submitted falsified evidence and the act specifies that this should result in a fine of up to $2000.

When referring to the ON equivalent of the HTA the Justice states this amendment is not compatible with the philosophy” of the Act — which “is to deal with matters in a quick, efficient and fair manner”.

* Have any of you heard of this occurring here in Manitoba.  If so let us know.

We need to see if this philosophy applies to the MB HTA as it can be used against most traffic offenses here due to unreasonable delays as a result of such high volume of tickets being issued in an attempt to generate revenue.  Evidence of this available including some public officials and senior staff at WPS admitting they need the revenue in their budgets for other police initiatives.   They say this on one hand and then on the other say enforcement improves safety and reduces violations.  Their own stats show it is trending up from 83k to 140k per year over the last few years and that just for photo enforcement.  Add in another 55k a year for officer issued which is also trending up.  It definitely not going towards the roads or improving safety.  No one is contesting that.

A Comment in the following news article about the appeal brings up another good point.

Defrauded citizens out of tens of millions dollars:

The offence notice claims you must also pay the victim surcharge and court costs.

Why would one pay court costs when you’re settling out of court?

These additional costs only apply if you proceed to trial and are then found guilty.

The province of Ontario has defrauded citizens out of tens of millions dollars, if not hundreds of millions, by willfully and falsely instructing citizens on the offence notice that they must pay costs and surcharges even when settling the matter out of court

This applies in MB as well but need to see if it states this on offense notices.  It does when you pay or at least on a disposition which can be obtained from the court for free (just say you want it to appeal and they print it for you).

* Has anyone brought this up here in MB formally at court or as a complaint?

More info
http://www.canlii.org/en/on/onca/doc/2009/2009onca643/2009onca643.html

http://www.slaw.ca/2009/09/14/ontario-court-of-appeal-on-speeding/

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Is WPS using excessive force and is there more to this

Hopefully MB IIU did a proper independent investigation and WPS will be taking steps to prevent this type of incident.  If excess force used then there should be consequences.  In the UK, Australia and some other countries regular police do not carry firearms and there is a lot less shooting of the public and police per capita then here.

Independent oversight is good as long as it done by civilians and is effective. What happened with Officer Trenton? Why was he not held without bail as a risk to the public. Also Robert Taman recently resigned from our Police Commission after an active WPS police officer appointed to the commission. He said it proven repeatedly that Police should not investigate Police.

Here is the link to the official MB IIU report on this incident.
http://www.iiumanitoba.ca/pdf/final_report_feb8_2017.pdf

This is part of the report and is concerning but best to read the full report for context:

This is part of the report and is concerning but best to read the full report for context:
“CW1 described the firearm as an air gun that fired small BB projectiles, but said it was not operational as it lacked a magazine and ammunition.
It resembled an Uzi mini submachine gun and was purchased by CW1’s roommate at a local store in Winnipeg.”

The public would have a clear picture if the officers had the body cams they almost got.  WPS scrapped the body cam program and reduced low cost cadet programs when they didn’t get the full double digit budget increase when they requested.  It not clear if these decisions made with direction from the Wpg Police Board.  This after they wasted a large portion of their over $200 Million budget (85% of which is Salary, Benefits and Pensions) on $365,000 military armored vehicle which the public couldn’t afford to buy or maintain.

They then decided to spend $200,000 on advanced rifles when officers already carry handgun plus a shotgun in many vehicles. This even though it proven repeatedly if police have more and advanced firearms there is an escalation of violence and more of the public and police get shot. Then they asked for $3.6 Million bailout to pay bloated pensions after out of control OT and worse.

This all after a detailed 64 page report in 2014 from the well respected Fraser Institute found the WPS the most overstaffed and inefficient service in Canada even considering population, demographics, crime rates and much more. An analysis of the numbers in the report which were verified showed WPS had about 300 more officers than the public needed and can afford.

Worse yet the report showed crime rate (violent and property) in Winnipeg amount the highest in Canada.  So the public paying an awful lot and not getting enough in return.

When is the public going to see better use of public funds and services.

WPS budget needs to be reined in and a detailed analysis of Fraser Institute study “Police and Crime Rates in Canada” and related facts
https://yaworski.net/2016/09/06/wps-budget-needs-to-be-reined-in-and-more/

Here is CBC’s coverage of this MB IIU press release:

http://www.cjob.com/2017/02/09/investigation-into-fatal-police-shooting-on-grant-avenue-finished-details-released-at-11-a-m-ct/

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​Quantum theory says we receive our consciousness from our universe and it moves to another universe after death

Biocentrism: How Life and Consciousness are the Keys to Understanding the True Nature of the Universe

http://spiritegg.com/quantum-theory-proves-consciousness-moves-to-another-universe-after-death-2/

Does this help explain some of the questions posed here?

Without a Grand Designer one of the major hurdles in believing in intelligent life elsewhere in the universe is, strangely enough, Evolution

http://wp.me/p1fJaD-MS

Related

Digital afterlife – Biocentrism – Neuroscience – how far away is this?
http://wp.me/p1fJaD-zS

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​Update on R v. Grant Appeal regarding unreasonable delay with Charter 11b challenge for simple traffic matter.

Feb 4 2017 – Kevin Yaworski – WiseUpWinnipeg – http://wp.me/p1fJaD-Sn

The Crown appealed Justice Harvie’s decision from May 2016 (successfull delay motion).  It was heard Feb 3rd in MBQC by Justice Vic Toews who was formerly the Federal Justice Minister.  It could have not been a better Justice in terms of being unbiased.  Toews reserved his decision until Mar 2nd.
There were many in attendance at the court room including Andrew Slough of the prosecutions branch of the province and about 10 Crown attorneys observing the arguments – as a lot turns on this decision.

 

Several points from ACJ Krahn’s decision in R v. Yaworski were referenced by the Crown and Defense as well as the Prescott, Segodnia and other decisions.

 

Based on how the hearing went and the Judges comments we assume the decision will be in favor of the Crown but likely with institutional criticism that will likely compel the Crown/Province to stay trials in the system 18 months or more.

 

So it appears that this appeal will be won by the Crown – but a win with respect to establishing the Jordan Supreme Court establishing 18 months maximum to clear cases.  The Crown would have lost this appeal, had the ticket been 18 months rather than one week shy of 18.  This is the strong expectation of the decision that will be read on march 2nd – but is unknown of course at this point.

 

More details:

Justice Toews has made it clear he is a big supporter of R v. Jordan (SCC) which stated 18 months ceiling for criminal matters at Provincial court and that simple matters should be handled in less time but didn’t specify a ceiling.

 

It is too bad that the delay motion in R v. Yaworski was not denied as it could have been appealed which would have resulted in a better outcome.

 

In Yaworski the delay was 18 months 9 days and in Grant it was 7 days short of 18 months.

In R. v. Prescott the delay was just short of 18 months as well but was also found to be unreasonable and stayed.  This decision was brought up but did not appear to alter the 18 months ceiling.

 

Toews comments give the impression that strong language will be used in his decision to infer anything older than 18 months should not be prosecuted.

 

There will likely be a press announcement on Mar 2nd that the Crown will be staying all offenses of 18 months or more.

 

R. v. Morin SCC shone the light on the issue with the delays and in these cases the delay is with the court not the crown.

Justice Harvie’s decision said simple traffic matters should be handled within 4 to 6 months.  Toews was very critical of this and agreed with the Crown that this was just personal opinion with no basis or caselaw to rely on so means nothing.

 

This is because these simple matters are a very light burden, i.e. they mail the ticket, no time spent with discovery etc…so there is much less administrative burden and it is the courts that are delaying.
We will see when the decision is read on Mar 2.

That said the City and Province need to and should have already addressed the root cause of the delays which is the approximate 300,000 traffic and parking alleged offenses being issued every year in Winnipeg with the vast majority proven to be unfair or unlawful.  This resulting in up to 25% or more being contested.  This volume per capita and rate of contesting is higher than anywhere in Canada.

This volume is trending up and with no annual accurate and complete safety improvement stats the photo enforcement program is in breach of the Conditions of Authority the Province granted and is grounds for termination.

This occuring because of aggressive targeted enforcement by WPS and for profit partners ACS / Xerox and TSS of locations with known and sometimes created engineering deficiencies in proper and safe speed limits, signage, amber times and others.  WPA with for profit partner G4S Tech also aggressively targeting parking locations with known deficient or confusing signage.

Elected and appointed officials are ignoring these serious safety issues even when repeatedly brought to their attention by WiseUpWinnipeg, whistle blowers, the media and members of the public.   This involves up to $70 Million / year taken from drivers, vehicle owners and businesses.  The Province takes 50%, City 25% and WPS / WPA 25% after paying their for profit partners.  With velocity of money this involves up to $420 Million per year taken from the economy or $ Billions since 2003.

This exposed via Court action, FIPPA requests, Ombudsman, whistle blowers, media and the hard work and time of many WiseUpWinnipeg members and some others in the public.  Some have spend considerable amounts on this cause with no personal gain.

There is many other legal, charter and civil rights issues with Photo Enforcement the way it is being operated in Winnipeg and elsewhere.  These recently proven in court in Quebec and is resulting in Class Action lawsuits.

Class Action against Photo Enforcement and Crown knew tickets unlawful

This needs to be challenged in Manitoba using the QC decision and if convicted appealed and then it will set a precedence. Then the class action to get all the unlawfully collected money refunded. The City should cancel the contracts and sue ACS and G4S Tech for their involvement in unlawful behavior to collect their share so it is not all coming out of the public’s pocket as the incompetent or worse politicians and officials have already wasted the City and Provinces shares.

Related:

Associate Chief Justice Krahn decides in favor of self represented accused in delay motion for unreasonable delay (Charter 11b)

Another successful delay motion with charter 11b challenge for simple traffic matter – R v. Prescott

That Time I Turned a Routine Traffic Ticket into the Constitutional Trial of the Century

Copy of WiseUpWinnipeg Pinned Post

See section in the pinned post for 11b for information on how to file a delay motion with 11b challenge and more info on Grant, Segodnia, Yaworski and Prescott Decision and related.

To learn more about the changes WiseUpWinnipeg is advocating for and what has been exposed related to unfair and unlawful traffic and parking enforcement and related.

Visit http://www.wiseupwinnpeg.com to see the current pinned post.

 

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​Why we need a public inquiry and what OUR Mayor Bowman / Council should request and or OUR  Premier Pallister / Parliament should include:

If Mayor Bowman or Premier Pallister doesn’t include the following or provide valid reasons not to they should resign and we will call for loss of confidence, new elections or bi elections and vote in representatives who have a track record of keeping their promises and effectively serving the public or equivalent.

– IGF construction overruns and repairs – also involved CAO Phil Sheegl
– Former stadium site redevelopment deals involving Shindigo and Sheegl
– Firehall land swaps involving Sheegl

– Hydro BRT land deal
– Parker lands swap and then later requests expropriation after development plans increase land cost
– Police hq overruns and corruption involving Sheegl

– Canada Post processing facility
– WPS:

* Not investigating into police hq corruption after interviewing whistle blower and refusing to interview two other whistle blowers

* Handling of officer Trenton (didn’t request he held without bail for being a danger to the public)

* Not properly investigating other officers  accused of serious crimes or reporting to AG and MB IIU as required

* Majority of tickets issued are unfair or unlawful due to known deficient engineering and related issues

* Many cases of bullying drivers and ignoring charter and civil rights and using unfair or unlawful tickets to get overtime for court duty and pad pensions

* Many cases of officers waiting to pickup individuals with warrants till end of shift to get several hours of overtime to process and other unethical behavior

* Double standard for enforcement of the hta and other laws or policies as well as disciplining, investigating and prosecuting police officers and peace officers vs. the public
– Procurement and contracts with ACS / Lockheed Martin or Xerox for:

* Photo enforcement since 2002

* 311 since 20xx
– Photo Enforcement:

* Unfair and unlawful practices well documented

* Not meeting Conditions of Authority Agreement since program started in 2003.

* WPS, CoW and MPIC ignoring recommendations in studies they commissioned and others plus proven engineering standards
– MB IIU – not properly investigating some officers  accused of serious crimes
– Crown / AG:

* Handling of officer Trenton (didn’t  hold without bail for being a danger to the public)

* Not properly investigating some officers accused of serious crimes

* Ignoring if not promoting unfair and unlawful behavior in MBSCC (aka traffic and parking court)
– MBSCC:  Many documented cases of JJP’s and the Crown biased,  ignoring sections of the HTA and other legislation, charter and other legal rights and due process
– MPIC:

* Out of control spending on ….

* Ignoring charter and legal rights

* Biased policies

* Paying police incl WPS for enforcement but ignoring true safety issues and that they issuing unfair and unlawful tickets
– Coverup of APEGM professional misconduct complaint decision against Luis Escobar and his short amber time policy exposed by whistle blower and media
– Cow, WPA and G4S parking ticket abuse exposed by WiseUpWinnipeg, whistle blower, CBC Market Place and other media – reinforced by FIPPA requests and court decisions finding KYZ and other tickets or notices unlawful
– Growth / Impact fees – hiding 1st report that said they not needed and closed door meetings
– Crocus fund, Katz and the Goldeyes if this wasn’t investigated properly or new info brought forward as a result of recent corruption investigations
– How CAO Sheegl was suspended over the firehall land swap scandal and allowed to stay on long enough to get over $560,000 in salary and severance and that before pension contributions.
There is more not listed so add as comments.

We are aware of some others as well but have not included until we have verified the serious allegations and can backup with the facts

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​Opioid Epidemic – The Facts Exposed

Jan 29 2017 – Kevin Yaworski – Global Citizen and Public Advocate – http://wp.me/p1fJaD-Sg

Here are some facts about addiction that you may not know about.  They will likely change your perspective on a few things.  More teens and adults need to be informed about the risks and we need to make sure our elected and appointed reps are doing enough about the root causes of this epidemic that has already taken hundreds of thousands of lives and caused untold suffering.
76% of Heroin addicts seeking help for addiction admit they began by abusing pharmaceutical narcotics (pain killers), primarily OxyContin.
From 1999 to 2014, overdose deaths involving prescription pills quadrupled. In that 15-year period, more than 165,000 people died from an opioid overdose, according to the Centers for Disease Control and Prevention.

How is it that a company like Purdue Pharma (maker of OxyContin, Fentenyl and others) with about $1700 employee’s can make $10’s of Billions and not be held more responsible after behavior like below and worse?
Why are so many records from so many lawsuits against them and other big corporations sealed when so many people are dying or suffering.

In 2015 Forbes named the Sackler family, the owners of Purdue Pharma on its list of America’s Richest Families, with an estimated net worth of $14 billion.
In 2007 the Purdue Pharma pleaded guilty to misleading the public about Oxycontin’s risk of addiction, and agreed to pay $600 million in one of the largest pharmaceutical settlements in U.S. history. Its president, top lawyer, and former chief medical officer pleaded guilty as individuals to misbranding charges, a criminal violation.
Evidence since than show senior executives knew their OxyCotin was being diverted and didn’t act till it was too late and millions of pills already diverted.  They allowed this even though they required by law to monitor for this and act.
What else is this and other big corps doing that is sealed from the public.  At what point does public health, safety and interest trump corporate and political greed?
Here is a link with YouTube video,  a pod cast and article that do a much better job of telling this story.

Fentanyl Epidemic Exposed

https://pressfortruth.ca/top-stories/fentanyl-epidemic-exposed/

Why one U.S. city is suing the maker of OxyContin over its opioid epidemic

http://www.cbc.ca/radio/day6/episode-322-refugee-crisis-at-the-oscars-the-slants-cartoonists-on-trump-the-museum-of-transology-and-more-1.3951792/why-one-u-s-city-is-suing-the-maker-of-oxycontin-over-its-opioid-epidemic-1.3951802
Pill Push: How pharmaceutical companies helped create the opioid epidemic

http://verdenews.com/news/2017/jan/17/pill-push-how-pharmaceutical-companies-helped-crea
Related but in Canada:

How a little-known patent sparked Canada’s deadly opioid crisis

http://www.theglobeandmail.com/news/investigations/oxycontin/article33448409/

Related posts:

​Opioid Epidemic

Some Food Safety, Health, Environmental Protection and other regulations are benefiting special interests groups, putting the public at risk and have already caused harm

Good and Bad Vaccines – Court cases compensating flu shot victims

Posted in Health and wellness, News and politics | Tagged , , , , | 1 Comment

The new feminism is a twisted ideology – Winnipeg Sun

OPINION – Columnists

Candice Malcolm

January 24 2016 at 8:05 PM

Demonstrators protest near the White House in Washington, DC, for the Women’s March on January 21, 2017. Hundreds of thousands of protesters spearheaded by women’s rights groups demonstrated across the US to send a defiant message to US President Donald Trump. (ANDREW CABALLERO-REYNOLDS/AFP/Getty Images)

SUN article


​Interesting perspective on modern feminism from a female Columnist.

The new feminism is a twisted ideology 

I have archived the article below.

Here is my take on this and I have written about related in other posts

I don’t think one incident is enough to draw some of these conclusions.  Are equal rights really to blame for the decline in family, marriage and the near death of chivalry and similar traditions?

Is it the cause of a shift in the ratio of men to women in university from 70/30 to 40/60 or even 30/70 in some places and related shifts in many workplaces.

Men are generally not geared as well for nuturing children. Are women geared as well to handle the stress often associated with the work place?  This doesn’t appear to be benefiting society and it is children, marriage and family that appear to be impacted the most.

——

OPINION – Columnists

The new feminism is a twisted ideology

Candice Malcolm

January 24 2016 at 8:05 PM

Following the inauguration of U.S. President Donald Trump, opposition activists organized large rallies in major cities across North America. Dubbed the ‘Women’s March,’ these rallies consisted mostly of liberal and left-wing activists promoting their own political agenda.

Millions of women attended, millions more stayed at home.

Feminism isn’t for everyone, and modern feminism is no longer an inclusive movement to protect and improve the lives of all women.

New feminism has morphed into an anti-Western, anti-conservative ideology. It aims to undermine men—especially straight, white men—and fight against “the patriarchy,” that is, the traditional institutions of society, like the family, marriage, religion and even the economy.

New feminism was on full display at these marches, including a very telling incident that occurred in Edmonton.

Sheila Gunn Reid, a reporter with the Rebel Media, a conservative online news organization (where I also contribute from time to time), had a run-in with an angry protester.

With her camera rolling, Reid can be seen in the crowd trying to conduct interviews. An indignant man, later identified as Dion Bews, can be seen swearing and telling her to leave.

The reporter, of course, had every right to be at the public rally, and had every right to film those in attendance. There is no such thing as the right to privacy while attending a public march on public grounds.

The angry man threatens to break the camera, and, a second later, his fist is out, up and can be seen swinging into the camera lens.

Just let that sink in. A female journalist, trying to do her job, appears to be assaulted by a male at a women’s rally. All caught on a remarkable, albeit disturbing, video.

Edmonton police investigated and have since charged Bews, 34, with assault and uttering threats.

Imagine the uproar from the feminists in attendance. A man reacts violently to a woman for doing her job.

But no, there was no uproar. No one came to Reid’s aid. Instead, several women stepped in to defend the man, helping usher him away and into hiding.

One female attendee, trying to de-escalate the situation, told Reid to calm down, while another feminist can be seen shouting at Reid, telling her she is “the problem.”

Blaming the victim is exactly the attitude that led to the rise of the original feminist movement.

Feminism was once about standing up for women, their safety and freedom. It was about protecting women and empowering them to make their own choices about work and family.

But new feminism is different. By making men and women “equal,” we’ve removed the notion of chivalry from society, and, apparently, gone too is the idea that a man should never be violent towards a woman.

Feminism has lost sight of its original goals, like the novel idea that violence against women is never permissible, never justifiable.

Some men—weak men like Dion Bews—use violence to intimidate and assert power over women.

And new feminism bizarrely enables this behaviour, ironically, even a rally for women’s rights. Both at the rally, and later online, many on the left have rushed to defend Bews.

These leftist feminists have shown their true colours. They’ve demonstrated that feminism isn’t about women, it’s about politics – where a feminist man, even a violent one, comes ahead of a conservative woman.

This is the regressive left, the real source of violence and intolerance in our society.

Following the inauguration of U.S. President Donald Trump, opposition activists organized large rallies in major cities across North America. Dubbed the ‘Women’s March,’ these rallies consisted mostly of liberal and left-wing activists promoting their own political agenda.

Millions of women attended, millions more stayed at home.

Feminism isn’t for everyone, and modern feminism is no longer an inclusive movement to protect and improve the lives of all women.

New feminism has morphed into an anti-Western, anti-conservative ideology. It aims to undermine men—especially straight, white men—and fight against “the patriarchy,” that is, the traditional institutions of society, like the family, marriage, religion and even the economy.

New feminism was on full display at these marches, including a very telling incident that occurred in Edmonton.

Sheila Gunn Reid, a reporter with the Rebel Media, a conservative online news organization (where I also contribute from time to time), had a run-in with an angry protester.

With her camera rolling, Reid can be seen in the crowd trying to conduct interviews. An indignant man, later identified as Dion Bews, can be seen swearing and telling her to leave.

The reporter, of course, had every right to be at the public rally, and had every right to film those in attendance. There is no such thing as the right to privacy while attending a public march on public grounds.

The angry man threatens to break the camera, and, a second later, his fist is out, up and can be seen swinging into the camera lens.

Just let that sink in. A female journalist, trying to do her job, appears to be assaulted by a male at a women’s rally. All caught on a remarkable, albeit disturbing, video.

Edmonton police investigated and have since charged Bews, 34, with assault and uttering threats.

Imagine the uproar from the feminists in attendance. A man reacts violently to a woman for doing her job.

But no, there was no uproar. No one came to Reid’s aid. Instead, several women stepped in to defend the man, helping usher him away and into hiding.

One female attendee, trying to de-escalate the situation, told Reid to calm down, while another feminist can be seen shouting at Reid, telling her she is “the problem.”

Blaming the victim is exactly the attitude that led to the rise of the original feminist movement.

Feminism was once about standing up for women, their safety and freedom. It was about protecting women and empowering them to make their own choices about work and family.

But new feminism is different. By making men and women “equal,” we’ve removed the notion of chivalry from society, and, apparently, gone too is the idea that a man should never be violent towards a woman.

Feminism has lost sight of its original goals, like the novel idea that violence against women is never permissible, never justifiable.

Some men—weak men like Dion Bews—use violence to intimidate and assert power over women.

And new feminism bizarrely enables this behaviour, ironically, even a rally for women’s rights. Both at the rally, and later online, many on the left have rushed to defend Bews.

These leftist feminists have shown their true colours. They’ve demonstrated that feminism isn’t about women, it’s about politics – where a feminist man, even a violent one, comes ahead of a conservative woman.

This is the regressive left, the real source of violence and intolerance in our society.

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