Photo radar contractor decides where most enforcement happens, Winnipeg police say

Category: City of Winnipeg

  • Photo radar contractor decides where most enforcement happens, Winnipeg police say

    The operators with for profit Traffic Safe Solutions who are contracted by for profit Conduent have regularly said ‘we only go where WPS tells us to go” when told they enforcing unlawfully in locations with missing signage, where no work being done on the actual lanes for traffic, the zone extended longer than permitted or required, speed limits artificially lowered or enforing unfairly when no workers present.

    The current an past Winnipeg Mayors, City Councils and Provincial Governments since 2003 have not enforced the Conditions of Authority for Photo Enforcement which is grounds for the program to be terminated.

    The elected and appointed officials that have allowed this or turned a blind eye seem to only care about the $70 Million or more per year taken from drives and be vehicle owners. The Province gets 50% of this “safety” revenue which is arguably unlawful taxation as fines. The City gets 25% and WPS gets 25% after paying its for profit partner.

    Many of the photo enforcement “safety” programs / schemes like this in other jurisdictions have been proven to be involved in corruption with serveral resulting in investigations and convictions including up to 10 years in prison for public officials.

    This and the fact the programs and technology have repeatedly been proven to not improve safety or make it worse is why it banned in many places.

    https://www.cbc.ca/news/canada/manitoba/winnipeg-photo-enforcement-locations-1.5617380

  • Options for responding to Manitoba traffic tickets / alleged offenses

    The POC / Traffic “court” reopened on July 6, 2020 for dispute hearings and payments only. It had closed temporarily due to the COVID-19 Pandemic.

    Here is detailed info about your options if you received a ticket / alleged traffic offense in Manitoba. You must respond within the response period shown on your ticket or a default conviction can be entered along with a $50 penalty.

    If you wish you can exercise your right to dispute the offence (i.e plead not guilty, get a disclosure package, communicate with the Crown attorney and if needed have a trial etc …), admit the offence, or seek a reduction. You have a few options to do so which are listed below.

    If you dispute, you can change your mind later and change your option or plea. Most are still offered or can get a reduction and time to pay. After filing to dispute some tickets have been dismissed when reasonable reason given. This more likely with backlog for hearings / trials.

    You can also authorize a representative to handle the matter on your behalf.

    If you choose one of the retired cops / traffic ticket “experts” be aware they are often fine with not telling you much of this and collecting from you half of what you “save” when they request and if they get dismissal or reduction.

    If you can’t get time off during the day or can’t afford to you can request night court and you can also request a hearing in french.

    Options:

    1) Go in person to 373 Broadway in Winnipeg or check with a regional court:
    https://www.gov.mb.ca/justice/tickets/contact.html

    2) Phone the court: 204-945-3156 in Winnipeg or toll free at 1-800-282-8069 (ext.3156). Have the offense / ticket number ready.

    3) Complete the form linked in this post or here:
    https://www.gov.mb.ca/justice/tickets/pubs/poaform.pdf

    One member said when they tried to attach a copy of their d/l photo, the whole form would freeze. If so send the photo seperately.
    Mail, fax or drop off at:
    100 – 373 Broadway
    Winnipeg MB R3C 4S4
    Fax: 204-948-2023
    or check with a regional court (see link above)

    Or Email the form to POC@gov.mb.ca

    Warning email is not secure and there has been cases where they have send disclosure package by email last minute with little time to prepare your defense and requests for dismissing or adjournment denied.

    Ask for confirmation that they have received the form.

    After your form processed you should be sent a letter with hearing date. After this you can contact the court to get name of the crown attorney or articling student assigned to your case and phone number. You can then call or email them (first name.lastname@gov.mb.ca) if you need to request adjournment for more time to prepare or …

    A disclosure package should he sent to you at least 7 days before your trial but you maybe able to request it earlier.

    You have the option to request the operator or officer be present to question (The crown can be asked to call them as their witness so you can cross examine or you cam subpoena them). You must appear before a Justice to request this but should not need to go into detail about your defense.

    The Guide for self represented Defendants via link below and on the MB Courts website provides general information about the court process for tickets. This guide is not meant to be used as legal advice. If you have any legal questions, contact a lawyer.

    General info about tickets
    https://www.gov.mb.ca/justice/tickets/

    Disputing
    https://www.gov.mb.ca/justice/tickets/dispute.html

    More on this and related at www.wiseupwinnipeg.com and WiseUpWinnipeg under Announcements, Files, Discussions etc…

    The “New Plea Process” page and post has more details on when and why this process changed (their claimed reasons and what their real intentions appeared to be), the erosions of the accused rights, their ability to know about and exercise what rights are left and what can be done about these injustices.

    More info and some history about the process change here

    New Plea Process

  • WPS pension changes and off topic but important comment and response

    Nov 6 2019 – Concerned Citizens of Winnipeg and Manitoba

    Find comment below from article and post about City of Winnipeg plans to change the police pension bylaw to make the pension more sustainable using the new Provincial public sector pension and benefits legislation. Mainly change City / taxpayers contributions from 18% to match employee contributions of 8%, require 20 years service and age 60 for full pension and remove pensionable overtime.

    For more info, comments and discussion see

    —

    “I would not mind nearly as much if:

    -They weren’t committing fraud with drawings in court.
    -They were on top of crime instead of sleeping in cars with photo radar.
    -They were properly testing their devices and ACTUALLY only interested in ticketing bad or dangerous drivers.
    -They would post people randomly in high theft areas, like grocery stores, liquor marts, etc instead of on busses and corners looking for phones (but even that is acceptable to me if it’s about safety and not revenue).”

    —
    Response

    , the hand written Designated Construction Zone diagrams, sleeping in photo enforcement vehicles is WPS’s for profit “partner” Conduent (formely Xerox / Lockheed Martin / ACS) but they claim to get direction from WPS on where to “enforce”.

    The breaches of charter, due process and other legal rights plus ignoring of codes of conduct, professional standards, sworn oaths, ethics etc… when issuing “violations” during pretrial and in Provincial “Offenses” ‘court” aka SCC / Traffic or kangaroo court” by the Crown, JJP’s, operators and officers is the result of the past Selinger led SpeNDP, current Pallister led PC governments, Katz and Bowman led City and Administrations, WPS Chiefs McCaskill, Clunnis and Smyth, the Police Boards plus the Judiciary (Chief Justices) choosing the 50% Province, 25% City and 25% WPS / Conduent shares / cuts in traffic “safety” revenue over proper engineering, safety, public trust, respect, confidence and econmic growth / legit tax revenue.

    This abuse, extortion or government sanctioned taxation as fines involves over $70,000,000 per year taken from mostly safety conscious drivers and vehicle owners.

    A similar sanctioned racket or flawed and biased “enforcement” revenue stream happening with for profit partner G4S and the Winnipeg parking “authority” which involves over $40,000,000 per year.

    Combined this equates to over $450,000,000 per year or 5,000,000,000 since 2003 (when the priority became more about revenue) taken from the economy and economic growth with velocity of money.

    Low income individuals and families hit the hardest with the fine option taken away to pay with community service and MPI in on the racket with officer issued “offenses” and licenses and insurance penalties plus suspension of license or preventing renewal till payment

  • Winnipeg Police pension changes and City Hall Bureaucracy

    WiseUpWinnipeg – volunteer public advocates

    The City of Winnipeg is proposing to change the police pension bylaw to make the pension more sustainable using the new Provincial public sector pension and benefits legislation. Mainly change City / taxpayers contributions from 18% to match employee contributions of 8%, require 20 years service and age 60 for full pension, remove pensionable overtime and have the members share some of the risk.

    This similar to changes made or planned to other unsustainable pensions at the City, Province and across Canada with an aging population, more early retirements and other real factors.

    https://winnipegsun.com/news/news-news/winnipeg-plans-police-pension-changes

    It is no wonder the WPS has been eating up 27 – 29% of the City’s $1 – $1.12 Billion budget with 85% going towards salaries, pensions and other benefits, been consistently over budget, required pension defecit bailouts and getting Millions of dollars diverted from MPI overcharges instead of these being refunded, being pressured by the Province and City to reign in inefficiencies and unsustainable spending.

    They have more officers per capita than anywhere in Canada, earning on average more than any police service in Canada, their overtime is pensionable earnings, employee pension contributions of 8% of salary and City / public contributions of 18.48% and full pension at 55 after 20 years service.

    Is what EPC and City Council voting on reasonable? It is more inline with other City staff, is better than most provincial staff and is well above the average in the private sector.

    More on the pension changes and history below.

    This and other unsustainable spending at the City is why it had it’s credit rating downgraded and Bowman and former Finance chair Morantz had to go to NYC to grovel to prevent more downgrades.

    They came back with plan for multi million dollar traffic managment system they couldn’t afford but implemented anyway. They not even using it to correct dangerously short amber light times that would reduce rear end and related collisions by 50% or more. They choosing the 95% increase in red light camera “violation” revenue instead of public safety. This and related would be criminal if it was not government sanctioned.

    If this is important to you contact the Mayor and your City Councilor to voice your concerns and ask how they plan to vote on this. Same if your councillor on EPC.

    Contact your MLA and the Minister of Infrastructure about the photo “enforcement” Conditions of Authority not being enforced and amending the HTA so it requires compliance with National Engineering safety standards like MUTCD and ITE for signage, amber times, speed limits etc…

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    WPS overtime issues and pension history

    Some WPS officers have bern getting sent on calls where there is a lower risk to public safety and a cadet, social services or community group member could be sent. This has increased calls for service and OT but this is starting to finally change with better policy and direction as serious crime has been much higher than than Canadian average and increasing while most of Canada decreasing.

    The WPS has been allowing officers to transfer to the traffic unit near the end of their careers and work large amounts of overtime to effectively pad their pensions as it partly based on their best five years.

    Up until recent legislation changes officers were also required to attend traffic court when those they accused of traffic violations exercised their right to plead not guilty to these alleged offenses. They would often only put off duty hours for availability to collect several hours or a half day of pensionable OT.

    Many officers (often with quotas) were aggressively targeting locations with known, created and dangerous traffic engineering deficiencies in signage, short amber times, artificially reduced speed limits etc … to take advantage of the system flaws for personal gain rather than report missing, obscured or inadequate signage, focus on locations with real safety concerns etc…

    Some officers have even admitted to issuing unfair tickets but said it is for the courts to sort out. Very few warnings are issued anymore for drivers with good records. Officers in total have been issuing up to 60,000 alleged traffic offenses in Winnipeg each year. This on top of up to 150,000 photo “enforcement” alleged offenses issued per year and both of these have been trending up.

    The City’s annual compensation disclosure reports has shown several officers making up to $150,000 per year before public pension contributions and some other benefits. That was more than the Chief and then some have retired early with over $100.000 per year for life and then a part of this can go to their spouse.

    Project drive exposed by WUW FIPPA requests showed over $1 Million in OT paid out to officers in a month and they issued about $900,000 worth of tickets. This before public paid pension contributions of 14 – 18% as their OT is pensionable earnings.

    FIPPA requests from WUW and MB PUB reports show MPI diverted millions of dollars in overcharges instead of refunding to pay WPS officers diverted from community support and other important units or to work pensionable OT for “enhanced enforcement” in engineering deficient locations. Senior WPS John Burchill saying “It to help counter the City reducing our budget and we hope the “data” will help get more funding like this”. The City was trying to reign in unsustainable spending.

    Many reports of officers waiting until they nearing the end of their shift to arrest suspects in known locations to allow several hours to process and do paperwork plus other tactics to get more pensionable OT.

    Some officers investigated or charged with fraud for fraudulent OT but no meaningful consequences with the double standards within the police and Justice System.

    The WPA union lied or mislead for years before and during negotiations. This exposed before the last CBA with many FIPPA requests. They finally got a more sustainable deal. Still higher than most other City and Provincial unions have gotten recently. They have forced arbitration many times even when they were getting favorable offers when considering all the facts.

    We agree Bowman has done terrible job in many ways but WPS’s higher compensation and unsustainable pension bylaw was all negotiated and enacted before Bowman’s time.

    He and his EPC +2, the Wpg Police Boards and Chiefs just allowed the trend to continue until the last negotiations when the Province finally put pressure on them to be fiscally responsible. The Police board and Chiefs response was to close two serious crime units that were partnering with RCMP.

    The issues above and others like it are the main reasons the pension became unsustainable and needing deficit bailouts.

    This article from Aug has the City reporting the Police Pension was not in deficit anymore.

    https://www.winnipegfreepress.com/local/police-union-vows-legal-action-on-push-for-pension-changes-547716142.html

    This WPS Pension report from 2012 says the pension was in deficit and City contributions increased from 8% to 14%.

    http://wcebp.ca/Document.aspx?id=9581

    —

    There is no information we could find about the City mismanaging anything with the police pension. There is claims from the union that decades ago the City used surplus from the pension but the union didn’t provide any details. Recent FIPPA requests proved the union was lying or misleading during the last negotiations so how much of what they say can be trusted?

    There is a stabalization component of the fund that is nearly exhausted which maybe due to unsustainable pensionable OT, padding pensions before retiring early and other issues already identified.

    From the following Council meeting minutes the City / taxpayers are on the hook if the pension investments don’t do as well as expected. The police pension bylaw requires the City make up for the lower returns.

    The Police mismanaged how officers utilized, allowed pensionable OT to get out of control and no consequences. They just asked for more unsustainable budget increases every year and union forced arbitration every four years to get unsustainable increases.

    This unsustainability has only started to change after the PC government recently began putting pressure on the City to be more financially responsible.

    The new public sector pension and benefits legislation can be used by the City if they need to, to help restore sustainability.

    See point 59. Winnipeg Police Pension Plan – Solvency Exemption under
    http://clkapps.winnipeg.ca/DMIS/mobilemenu.asp?DocId=11498&SectionId=

    —

    Comments and discussion here

    https://www.facebook.com/groups/WiseUpWinnipeg/permalink/10156226133501222/

    Sadly there are many that a wilfully blind to the real issues and facts in front of them, they are often victims of years of false and misleading information and other propaganda tactics or they are benefiting from it at the expense of the majority.

    —

    blindness goes BOTH ways.

    —

    The many FIPPA requests, annual compensation disclosure reports, other public records we rely on and the well documented trend in behavior by senior WPS and WPA (union) plus many officers speaks for itself.

    We are not saying the job that many officers have is not tough and that they should not be compensated adequately.

    They should be and it just needs to be reasonable and sustainable which it is not based on what taxpayers can afford, what other jurasdictions in Canada are doing and other pension changes in Manitoba and across Canada due to people living longer, retiring earlier and other real factors.

    —

    I only see WPS being targetted these days. No one bats an eye with the gross income and benefits our counsellors and Govt are screwing people out of. Seems front line staff are good enough to bust their asses for us and all we do is tear them a new one. Open the can of worms up…. but do it for everyone.

    We agree about councillors, other politicians, bureaucrats and justices being way overpaid and compensated for the amount of work they actually do. We have called this and other fiscal irresponsibility out before and not enough wanted to do something meaningful. We must not give up as we are opposing a well funded, biased and greased system.

    We agree we need to support front line workers as long as what they receiving reasonable and sustainable. Unions helped restore a balance but have gotten too powerful and influencial, often using unethical or worse means so we have swung too far the other way.

    It isn’t just WPS, the water & waste, transit, healthcare, education and other groups have seen pressure to restore sustainability. Many have had short term wage freezes, pension changes or it already being discussed.

    The City owes over $1 Billion in net debt, the Province $23 Billion plus Hydro owes Billions and rising after the Katz, Bowman and SpeNDP reigns. They both have had credit downgrades and the interest payments are larger than many entire departments budgets.

  • Long lunches, shopping trips, short shifts: City inspectors caught on camera – Winnipe Free Press

    By: Ryan Thorpe | Posted: 04/4/2019 7:00 PM – The Winnipeg Free Press

    —

    The investigators say only one staff member placed under surveillance appeared to be putting in an honest day’s work. On average, it’s alleged the PPD inspectors put in less than three hours of work each shift.

    https://www.winnipegfreepress.com/local/sloth-in-the-city-planning-department-inspectors-loiter-at-tims-go-shopping-probe-reveals-508135822.html

    —

    Originally posted here including more comments:
    The Great Canadian Talk Show Facebook Post

    Addition comments

    WiseUpWinnipeg Facebook post

    — Archive —

    (more…)

  • Response to ForASaferWinnipeg and CTV News coverage of more meth violence

    WPS Chief Danny Smyth said police doing foot patrols in Downtown Winnipeg skywalks are seizing more weapons – CTV News

    —

    Important call to all WiseUpWinnipeg members and the general public viewing that care about policing in Winnipeg and the high rate of serious crimes which are rising in Winnipeg while they drop in almost all of Canada.

    The Winnipeg Police Association run Facebook Page ForASaferWinnipeg is often posting about the issues in Winnipeg and WPS Chief Smyth like here is commenting about them but they are not reminded enough of how serious crime was allowed to get so bad in Winnipeg while it controlled in other jurisdictions with similar demographics, population, funding, less police officers and staff per capita and other factors.

    Has the meth crisis been made worse by the opioid epidemic which was also allowed to grow and get worse as a result of poor regulation, decision making and influence at the federal, provincial and municipal levels? When the restrictions on OxyContin and other opioids finally started being enforced and created it caused many addicts, dealers and organized crime to turn to more deadly fentanyl and dangerous Meth. Much of this was out of the hands of WPS but there was things they could have done and can do to try and reign it in while the other levels start taking for actions.

    Please see this post and my response. If you agree interact with it and add your own comments. Once this done more often and on more places those in authority will not be able to mislead the public.

    https://www.facebook.com/ForASaferWinnipeg/posts/401520900684193

    Officers seizing more weapons in Downtown Winnipeg skywalks due to meth: police chief
    Monday, March 11, 2019 5:24PM CST – Jeff Keele, Political Reporter – @jeffkeelectv

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    The meth crisis, the violence and serious crime associated with it is very concerning

    Would it have helped if there wasn’t years of diverting officers from community support and other important units to do traffic enforcement or volunteer to work pensionable OT to do traffic enforcement? Aka revenue collection to offset 85% of total police budget (Over $233 Million) going to salaries, pension contributions and other benefits. The over-staffing and inefficiency well documented in many FIPPA request results and Ombudsman complaints, in the 64 page detailed report from Fraser Institute in 2014 and annual compensation disclosure reports.

    These not only ignored but matters only got worse until the Province put pressure on the City and WPS in the last two years to be more fiscally responsible and restore spending to sustainable levels after years of double digit budget increases, pension bailouts, many CBA’s that didn’t consider what the City and Taxpayers could afford. False and misleading statements from the WPA and WPS leaders with the facts exposed via FIPPA requests and Ombudsman complaints. The response from WPS and the Police Board was lay off a few officers that were part of two serious crime units that were partnering with RCMP resources and had many successes tackling serious and organized crime which resulted in these being shutdown.

    It especially concerning that many officers directed to or choosing to aggressively enforce in locations with known, created and often dangerous traffic engineering deficiencies like short 4 second amber times in medium and high speed intersections with no Advanced Warning Flashers causing large dilemma zone and high number of rear end and related collisions. Missing, removed or obscured signage including dual signage on large or divided roads for speed limits, speed reductions and photo enforcement ahead signs on the blvd. Artificially reduced speed limits like Grant Ave, Kenaston, Panet Rd and others where were lowered or left lower against recommendations from City engineers and PWD Directors, national standards for safety and many calls from WiseUpWinnipeg and other public advocacy groups to correct.

    It also very concerning that Project Drive exposed via FIPPA results where officers diverted or asked to work pensionable OT on traffic duty with net loss to the public (over $1 Million in fines issues but over $1 Million in OT) plus more when considering pensionable OT doing traffic duty, for other units left short staffed after diverting and in traffic court.

    Then $.5 Million diverted to WPS from MPI overcharges in 2016-17 instead of refunding as required by the MPI act and mandate as part of the MPI, CoW, WPS and CAA Pilot “Safety Program” to do “enhanced enforcement” in Winnipeg’s most dangerous intersections like Bishop Grandin and McGillvary that diverted officers from community support and other important units to do traffic enforcement or volunteer to work pensionable OT to do traffic enforcement. Photos of WPS marked and unmarked cars parked unlawfully and unsafely on the meridian, crosswalk, meridian, bus lane, merge or exit lanes.

    The lighted board warning of dangerous intersections again only up for a couple weeks but enhanced enforcement went on for over a year until the FIPPA results exposed what the real priority was. Senior WPS John Burchill saying “the funds needed to counter the City trying to reduce our budget” (actually trying to reign in out of control spending) “and we hope the “data” will allow more funding in the future”. MPI program coordinator saying there wasn’t enough violations issued for the investment. In other words not enough demerit related revenue to even make up for the investment never mind the expected surplus.

    There is many more examples well documented and raised to the attention of those in authority at WPS, the City and Province. Who is influencing the decision makers that have the authority a responsibility to correct these serious issues?

    More here https://yaworski.net/2016/09/10/mpic-diverting-millions-to-police-for-safety-initiatives-most-of-which-are-a-waste-and-actually-putting-the-public-at-risk/
    , www.wiseupwinnipeg.com and www.facebook.com/Groups/WiseUpWinnipeg

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    Post on WiseUpWinnipeg
    https://www.facebook.com/groups/WiseUpWinnipeg/permalink/10155742518501222/

    Post on ForASaferWinnipeg – WPA run page
    https://www.facebook.com/ForASaferWinnipeg/posts/401520900684193

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    Comments:

    …

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    I never mentioned photo enforcement operators as I was not talking about them. They don’t divert them, that is all they do 365 days a year. They have diverted police officers as I mentioned. There is up to 55,000 alleged traffic offenses issued by wps police officers per year and this has been trending up yet they claim enforcement reduces violations. The other 150,000 per year and trending up is from pe.

    I never said this was the cause of the meth crisis I asked it would have helped if these officers were not diverted.

    It is very concerning that there has been 911 calls for intruder or b&e and they told no officers available and it took up 36 hrs for response and even then often inadequate investigation. Yet during these times of calls the TrapSpy app showed over a dozen enforcement locations active with in a short distance and reported within 3 hrs or less.

    Also several cases of WPS officers responding within 15mins to peacefully protests by WiseUpWinnipeg members with $low Down signs at locations with deficient engineering and issuing parking tickets that later get tossed by the Crown for missing signage.

    The priority doesnt seem to be where it belongs in many cases.

    Every time alleged traffic offenses proven in court to be unlawful from missing signage and other issues the dismiss the tickets but refuse to refund those that paid in good faith.

    The vast majority of alleged offenses involve 42 or 43 in a artificially reduced 30 with no flashing lights as recommended by engineers and caa, 63 or 64 in an artificially reduced 50 also against engineering recommendations for safety or a few tenths of a second into red with dangerously short 4 sec amber time with no advance warning flashers.
    Correct these known and often created deficiencies and violation drop by 95%.

    This misuse of valuable and limited responses, abuse on the road, in court and by MPI of the average safe driver is resulting is loss of trust respect and confidence in police, the courts and government. This puts police and the public at higher risks of violence in heated situations. Many officers attending calls to domestic disturbances get verbally or physically assaulted by both parties. If they respected more would this happen less?

    The majority of this equates to unlawful taxation as fines and with the fines being up to six times higher than anywhere in Canada it resulting in up to $70 Million per year taken from drivers and vehicle owners before considering MPI demerit related penalties. That equates to $420 Million per year taken from the economy with velocity of money.
    That kind of money if spent in the economy would stimulate a lot of growth and legit revenue. This revenue before proper safety agenda and less focus on serious crime than is needed is costing in many other ways as well.

  • Traffic law changes exploit drivers

    By: Curt Pankratz
    Posted: 03/21/2019 4:00 AM |
    WINNIPEG FREE PRESS FILES
    With fines of $300 to $700 for traffic infractions, enforcement in Winnipeg generates $4 million per month in revenue.
    Manitobans generally do not see traffic enforcement as a serious legal issue, and we’re losing our rights because of it.
    Enforcement in Winnipeg generates $4 million per month in revenue. Such revenue generation depends on Manitobans to see traffic violations as simple matters. Simplistic publicity campaigns reinforce this belief by, for example, telling drivers to “just slow down.”
    But traffic is a serious issue. It is a leading cause of injury and death, and depending on how it’s done, enforcement can increase or decrease safety.
    Traffic infractions are no small matter, either. Manitoba has the highest traffic fines in Canada, and typical fines of $300 to $700 constitute a considerable expense to most people. It’s not acceptable to say “just slow down” because Winnipeg violates nearly every national engineering standard for traffic signage, amber light timing and speed limits, and has 173 missing school-zone signs that it refuses to replace.
    In this context, predatory enforcement can accumulate astonishing revenue because it can ticket people who are driving safely. The challenge for revenue-hungry police and government is that when large fines are given to thousands of reasonable drivers, there will be a lot of court challenges.
    In Manitoba, three main strategies have been adopted to deal with this, and they are costing Manitobans their rights.
    First, Manitobans have lost their right to be tried before a judge and to choose a representative. In 2006, the province created the Judicial Justice of the Peace (JJP) program. It hired several people and anointed them with judicial powers to preside in traffic court. The idea was to reduce the burden on provincial judges.
    However, JJPs do not require legal training and some are related to police officials or have historical connections with the Crown’s office. Importantly, JJPs have been more likely than judges to rule in favour of the Crown on key issues, even when evidence and submissions are the same. The Crown has therefore often sought to kick critical cases from judges to JJPs.
    Court transcripts also identify a range of legal misapplications by some JJPs, such as disregarding precedent, subjecting representatives to involuntary bag searches and preventing arguments from the defence.
    JJPs have also been essential to the recent efforts of the prosecution to restrict the accused’s right to appoint another person to represent them. This right is spelled out in the Provincial Offences Act, as well as on the back of each ticket. Although the ticket also states that a representative may be excluded based on the justice’s “opinion,” in the law there is a much higher standard for excluding a representative than the ticket suggests.
    Nevertheless, court transcripts indicate that the prosecution often moves to block representatives who win cases, and such motions have only been successful when a JJP is presiding rather than a judge.
    Second, in 2015 the province initiated what it calls the “pre-plea triage program.” Its roots are problematic from the get-go because it is based on an exclusive partnership between Prosecution Services and the courts, which are supposed to be independent of one another.
    This program requires anyone who wants to challenge their ticket to go to 373 Broadway in person. Once there, they are required to go through a series of lineups and meetings before they can request a trial date.
    It is a violation of the law to require this process. The law gives the accused the right to request a trial from the courts without these steps. The program is designed to whisk thousands of drivers through, offering fine reductions if necessary but avoiding legal entanglements associated with predatory enforcement and traffic engineering deficiencies.
    The third strategy is the transformation of the law itself. Under the law, which was adopted in November 2017, several key rights have been eliminated. First, the court now uses “certificate evidence.” This is where the accusing officer certifies their version of events and submits the certificate to the court. The content of the certificate is taken as proof until the accused proves their innocence.
    This is tied to a second problem, which is that the officer no longer attends the trial, and the accused no longer has the right to cross-examine them. By contrast, the prosecution has the right to cross-examine the testimony of the accused, as well as any witnesses they produce.
    Finally, the law eliminates the right to appeal decisions made in traffic court. Appeals now require permission from the court, and you cannot appeal the facts as interpreted by the presiding judge or JJP.
    Further exploitative polices are being planned, and if Manitobans continue to see traffic enforcement as a minor legal issue, our rights will continue to erode.
    Curt Pankratz is associate professor in the department of sociology at the University of Winnipeg.
  • Does the City of Winnipeg have a revenue or spending problem?

    Does the City of Winnipeg have a revenue or spending problem?

    Mar 9 2019 – WiseUpWinnipeg- Kevin Yaworski

    City of Winnipeg
    EMPLOYEE POSITION DEPARTMENT COMPENSATION 2017.

    2018 not listed yet.

    Looks like a bloated bureaucracy and related spending problem not a tax revenue or lack of Provincial or Federal funding problem.
    2,270 or 32% of the employees earning over $50,000 earn between $100,000 and $250,000. That is before public paid pension contributions and some other benefits not included. Severance, Sick pay and some others are not mandatory to list or to break down but Bowman’s appointed EPC voted to change this but they never did.

    The City of Winipeg wanted to know why MB Hydro was releasing all that detail, yet they have been lobbying the Pallister government to change the compensation disclosure law to allow for the release of greater detail.

    So far, the province has denied that request after the initial inquiry about Hydro led to investigation by the Ombudsman and legal counsel suggesting it maybe against the FIPPA Act. More details here;

    https://winnipegsun.com/opinion/columnists/brodbeck-why-manitoba-hydro-stopped-publishing-details-of-employee-pay

    If their pension is similar to the Province it is matching of 7 or 8%. Picking $125k as averave of these 2,270 that works out to approximately $300 Million or almost 1/3 of the City’s entire annual budget.

    Why is a constable making over $214k plus up to $17k in pension contribution and many others police officers making $150 – 226k before pension contributions? Why are their names not disclosed especially for superintendents? Police make up a significant majority of the top 2,280 on the list. EMS are next largest.
    We have more police per capita than anywhere in Canada and among the highest compensated yet serious crime rate is among the highest. A detailed 64 page report in 2014 found WPS the most overstaffed and inefficient police service in Canada yet things have only gotten worse with the serious crime rate rising while it falls in almost all of Canada.
    It is long overdue for cleaning up bloated bureaucracy, incompetence and corruption and enforcing hiring by merit, paying based on performance and better fiscal responsibility.
    The Province is not perfect but has reduced a $1Billion defecit to $400 Million plus interest savings in 3 years. It made some good and some bad decisions but it is trying. Can that be said for the City?
    To help do something meaningful visit www.wiseupwinnipeg.com, www.facebook.com/groups/WiseUpWinnipegannouncements, regular pinned posts and nested links.
    —
    Here is just the 1st 2 of 123 pages.
    For full report and CAO contract info see:
    McNeil D Chief Admin Officer (CAO) CAO (Chief Administrative Office) 261,868
    246 Chief Police Police Service 248,413
    1279 Superintendent Police Service 226,915
    848 Constable Police Service 214,928
    356 Sergeant Police Service 205,777
    510 Sergeant Police Service 199,388
    919 Constable Police Service 199,064
    Deane L Director Public Works Public Works 196,969
    465 Deputy Chief Police Police Service 196,482
    183 Deputy Chief Police Police Service 196,452
    219 Deputy Chief Police Police Service 196,452
    Ruta M Chief Financial Officer Corporate Finance 194,942
    Wardrop D Chief Transportation & Utilities Officer CAO (Chief Administrative Office) 194,862
    602 Constable Police Service 194,507
    Jack M Chief Corproate Services Officer CAO (Chief Administrative Office) 192,077
    575 Sergeant Police Service 191,656
    Bowman B Mayor Mayor’s Office 185,870
    1320 Constable Police Service 184,768
    476 Sergeant Police Service 181,854
    Kachur R City Clerk City Clerks 181,281
    345 Inspector Police Service 179,980
    447 Superintendent Police Service 179,977
    Martin D Platoon Chief-Fire Fire Paramedic Service 178,937
    1335 Inspector Police Service 178,693
    1356 Sergeant Police Service 178,604
    Kiernan J Director Property & Dev Planning, Property and Development 177,978
    Geer M Director Water & Waste Op Water and Waste 177,382
    Whiston I Captain Fire Paramedic Service 177,310
    Carey C District Chief Fire Paramedic Service 176,211
    398 Sergeant Detective Police Service 175,210
    Lesiuk J Platoon Safety Officer Fire Paramedic Service 173,659
    Chartier G Chief Asset & PM Officer CAO (Chief Administrative Office) 172,681
    701 Superintendent Police Service 172,394
    Wilson R Mechanic, Truck/Transport Transit 172,244
    503 Sergeant Detective Police Service 172,036
    685 Inspector Police Service 172,021
    973 Superintendent Police Service 171,482
    651 Constable Police Service 171,473
    Lane J Chief Fire Fire Paramedic Service 171,011
    496 Superintendent Police Service 168,561
    48 Sergeant Police Service 167,779
    Fernandes C Director Community Services Community Services 167,512
    1371 Constable Police Service 166,931
    669 Sergeant Police Service 165,495
    782 Constable Police Service 165,087
    174 Sergeant Detective Police Service 164,844
    901 Constable Police Service 163,869
    935 Inspector Police Service 162,499
    1024 Sergeant Police Service 162,074
    1040 Inspector Police Service 161,986
    1402 Inspector Police Service 161,906
    Buschau E District Chief Fire Paramedic Service 161,084
    477 Sergeant Police Service 160,384
    800 Sergeant Police Service 160,331
    736 Sergeant Detective Police Service 159,536
    30 Inspector Police Service 159,526
    Police Service 159,233
    389 Inspector Police Service 159,224
    Legary M Chief Innovation Officer CAO (Chief Administrative Office) 158,969
    Park R Supervisor of Waste Diversion Water and Waste 158,132
    Matthews J Civilian Background Investigat Police Service 158,007
    Boryskavich K Director Legal Services Legal Services 157,868
    Mansky B City Auditor/Chief Perform Offr Audit 156,421
    590 Sergeant Police Service 156,294
    Ewankiw G A/Director Transit Transit 156,284
    645 Sergeant Patrol Police Service 155,935
    1056 Superintendent Police Service 155,331
    1352 Sergeant Detective Police Service 155,316
    1048 Sergeant Detective Police Service 155,231
    1052 Sergeant Detective Police Service 155,049
    Dibley J Analyst Portfolio Mgmt Planning, Property and Development 154,864
    1038 Sergeant Patrol Police Service 154,621
    Piche T Platoon Chief-Fire Fire Paramedic Service 154,490
    Enns D District Chief Fire Paramedic Service 154,136
    670 Constable Police Service 153,922
    Berger N Staff Psychologist Police Service 153,895
    Solkoski G Admn Housing & Exist Bldg Planning, Property and Development 153,764
    Chambers M City Assessor Assessment and Taxation 153,456
    Holmes G Principal Planner Planning, Property and Development 152,661
    1066 Constable Police Service 152,557
    Dueck S Mgr Development & Inspections Planning, Property and Development 152,530
    1427 Inspector Police Service 152,423
    Lemoine M Deputy City Clerk City Clerks 152,092
    922 Inspector Police Service 151,951
    Berezowsky J A/Director Public Works Public Works 151,763
    Schmidt C Deputy Chief Fire Fire Paramedic Service 151,698
    Wallace T Deputy Chief Fire Fire Paramedic Service 151,570
    1421 Constable Police Service 151,145
    Drohomereski R Deputy Chief Fire Fire Paramedic Service 151,016
    Johnson J Superintendent – EMS Fire Paramedic Service 149,739
    Felbel D Lieutenant Fire Paramedic Service 149,713
    Smith B Planner Chief Planning, Property and Development 149,603
    1090 Constable Police Service 149,372
    Brown K Superintendent – EMS Fire Paramedic Service 149,232
    Fargher K Supv Collection Services Water and Waste 149,179
    Sutherland R Mgr Finance & HR Employee Benefits Program 148,780
    402 Constable Police Service 148,727
    79 Sergeant Patrol Police Service 148,666
    728 Sergeant Detective Police Service 148,377
    507 Constable Police Service 148,337
    387 Constable Police Service 148,173
    22 Sergeant Detective Police Service 148,121
    847 Sergeant Police Service 148,008
    Neirinck B Mgr Engineering Public Works 147,990
    Strandberg D Solid Waste Process Coord Water and Waste 147,752
    1151 Inspector Police Service 147,664
    Brokopiw J Foreman Traff Signal Crew Public Works 147,525
    1185 Constable Police Service 147,242
    1436 Constable Police Service 147,238
    Patton G Mgr Engineering Water and Waste 147,148
    Ulrich G Superintendent – EMS Fire Paramedic Service 147,129
    307 Constable Police Service 146,324

  • Should the public allow known cash grabs to prevent unknown ones?

    Image: Winnipeg Sun

    Feb 25 2018 – WiseUpWinnipeg

    If an informed public are willing to allow what equates to unlawful taxation as fines and arguably breach of trust or unlawful enrichment to prevent another cash cow or raising taxes elsewhere we are heading in the wrong direction.

    Too many have fallen for the typical propaganda of we have to cut services or raise taxes. There is bloated bureaucracy, incompetence, unethical influence and corruption running rampant. The jurisdictions that have cleaned this up have more than enough legit revenue to provide great value for tax dollars without abusing their citizens with dial on demand taxation as fines.

    This isn’t even considering the harm the scameras proven to cause with dangerously short amber times, removed and inadequate signage, other known and created deficiencies and taking $70M a year from drivers, vehicles owners and their families every year in just Winnipeg. With velocity of money that equates to over $450M per year or $.5 Billion since 2003.

  • Traffic ticket court bars representative for ‘acting as a lawyer’

    Todd Dube, founder of Wise Up Winnipeg (left) and Keith MacCharles, who is fighting two radar tickets, in front of the traffic courts in Winnipeg on Tuesday
    MIKAELA MACKENZIE / WINNIPEG FREE PRESS

    Traffic ticket court bars representative for ‘acting as a lawyer’

    By: Kevin Rollason – Winnipeg Free Press
    01/29/2019 7:00 PM |

    If it talks like a lawyer, writes legal briefs like a lawyer, and acts like a lawyer, it probably is a lawyer, according to a judicial justice of the peace and the Crown.

    However, a driver advocacy organization believes that’s not true — and anyone can be enlisted to help fight a photo radar speeding ticket.

    In traffic court Tuesday, Judicial Justice of the Peace Nettie Cuthbert-Buchanan agreed with the Crown’s motion to not allow Christian Sweryda, a second-year law student at the University of Manitoba, to act for a company charged under the Highway Traffic Act for two of its vehicles speeding through photo radar zones.

    “I am barring Mr. Sweryda from acting as a representative in this matter,” Cuthbert-Buchanan said.

    “He is acting as a lawyer… (the) standards are put in place to protect the public… Mr. Sweryda’s actions are the practice of law.”

    Cuthbert-Buchanan said she was using a section in the provincial offences act which states a justice “may bar a person from appearing as a representative if the justice finds that the person is not able to properly represent or advise the person for whom they appear.”

    The stance was challenged by Todd Dube, founder of Wise Up Winnipeg.

    On the back of a traffic ticket, under the heading Authorization to Appear or Act, it states a person charged with the offence can “act personally or by representative in any proceeding. To authorize another person to appear or act on your behalf, you must provide him/her with your written authorization to present to the court.”

    “The legal process abuses, that we’ve seen in traffic court over the years by the Crown and the judicial justice of the peaces, has been alarming,” Dube said after court.

    “What we saw here (Tuesday) was the preference of both those parties to keep informed people out of their courtroom. The legal errors we saw (Tuesday) will easily be overturned on appeal,” he said. “Traffic court in Manitoba requires an independent inquiry.”

    The traffic ticket court case itself involves two speeding tickets handed out after company vehicles passed photo radar vehicles last year. The matter has been put over until March.

    Keith MacCharles, owner of Airmaster Signs, said he is fighting the tickets and wanted Sweryda, a friend of his family, to help him.

    “The legal process abuses, that we’ve seen in traffic court over the years by the Crown and the judicial justice of the peaces, has been alarming”

    – Todd Dube

    “I’m fighting it because they seem to be more concerned about me getting a ticket than with getting me to slow down,” MacCharles said after court. “They could easily put signs up or traffic calming devices, but they don’t because they want to give out tickets.”

    Earlier, the court was told that, for months, Sweryda has appeared for numerous people charged with photo radar violations and has written legal briefs used in the matters.

    Crown attorney Amanda Cheys said prosecutors became increasingly concerned, as while the back of the ticket states people charged can get others to help in court, it does not allow people who are not lawyers “free rein as a lawyer without the protections put in place for lawyers.”

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    The court was told the province addressed the matter several years ago, when it allowed businesses such as POINTTS and Traffic Ticket Experts to represent people, as long as they registered and bonded.

    Cheys said it is the Crown’s view allowing someone to represent a person in traffic court was intended for a relative or friend to come if there were language difficulties or if they needed emotional support.

    Sweryda disagreed and said the Crown didn’t have any problems with him representing people until he won a charter motion last year.

    “(Since) then, they have fought to have me removed,” he said. “To put it bluntly, it is opponent shopping.”

    Sweryda said he represents people he knows, and doesn’t get paid to for his time in traffic court

    kevin.rollason@freepress.mb.ca
    Reporter

    Kevin Rollason is one of the more versatile reporters at the Winnipeg Free Press. Whether it is covering city hall, the law courts, or general reporting, Rollason can be counted on to not only answer the 5 Ws — Who, What, When, Where and Why — but to do it in an interesting and accessible way for readers.

    —

    Comments from a member observing in court.

    Fun facts missing from what was said in the court room today: to make more profit, the court allows non-lawyers and students to pretend to be the prosecutors, and allows just about anyone to pretend to be the judge (JJP) in traffic court. There are 3 sides, the govt side, the victim / accused side, and the judge. This non-judge has declared that the victim cannot seek help from a non-lawyer. If the victim does hire a lawyer, he or she would be the only lawyer in the room!. Can the bias here be any more clear?

    In real court rooms, the judge has been promoted from being a practicing lawyer, and the prosecution team is made up of lawyers. Not so in what they pretend is “traffic court”.