Category: Uncategorized

  • The Facts about Traffic and Photo Enforcement in Winnpeg

    Nov 17 2019

    WiseUpWinnipeg is a large community organization with many volunteer public advocates, over 14,000 members and growing rapidly.

    We have shared many recent and past articles from the WFP, CBC, Global, CTV and others that have criticized the photo and traditional traffic “enforcement” “safety” programs in Winnipeg.

    It should be very concerning to the public that the many past and present elected and appointed officials which have been compensated very generously to lead on the public’s behalf have for the most part ignored these articles.

    Equally concerning is these officials and most of the main stream media have ignored the following information and facts and others WiseUpWinnipeg has been raising starting in 2003

    .

    These and other facts clearly demonstrate a trend against proper public safety, proven national engineering standards, justice and other interests by these public officials and bodies.

    This well documented in many FIPPA requests, court transcripts, decisions, docket lists, other court records, formal complaints to WPS, WPS Professional Standards, WPS Chief, City of Wpg, MB Ombudsman, APEGM / EGM, MB LERA, LSM, Chief Justices plus City of Winnipeg Audits, WPS and City of Winnipeg Annual reports, MB PUB and MPI reports and other public records.

    1) The traffic “safety” revenue from these programs has been much more than the $11,000,00 per year often quoted by Police and City officials. Up to $70,000,000 has been collected each year and trending up, from Winnipeg drivers and vehicle owners from alleged traffic “violations”. The vast majority of these arguably unfair or unlawful due to being issued in locations with known or created traffic engineering deficiencies. These include missing, removed, obscured or inadequate signage, artifically reduced speed limits and intersection amber light duration. These all against national engineering standards like MUTCDC, ITE and others that have proven to increase public safety and are followed or enforced across Canada and even in MB outside Winnipeg.

    2) The Province’s cut of this “safety” revenue is 50% before court costs which they reduced by using articling students for the Crown who have frequently misled the accused and court, lied to or bullied the accused or their representatives and JJP’s that are not trained in law and have a trend of being biased and error prone. They have diverted clerks and other staff from the higher courts and forced to act in ways they felt was not ethical. Very little if any of this revenue has gone to improving safety via engineering, proper driver education or awareness initiatives.

    3) The City’s cut is 25% and very little if any of this has gone to improving traffic engineering and education which proven to be the most effective ways to improve safety.

    4) WPS’s cut is 25% before paying For Profit Conduent PE partner who’es contract they refuse to release to the public even via FIPPA requests and Ombudsman complaints. Most if not all of this revenue goes to salaries, pensions and benefits of police which accounts for 85% of their $300,000,000 budget (over 27% of the City’s entire budget).

    5) A few of the many locations that were being aggressively targeted due to known or created engineering deficiencies were finally corrected after years of activism and protests by WiseUpWinnipeg and saw a 95% reduction in violations.

    6) Most times engineering deficiencies exposed in court cases the Crown would stay to avoid precedence and the JJP (or Justice at appeal) would ignore the public interests and allow it. WPS or PE would stop enforcing in those locations and in a few cases they cancelled the alleged offenses in the system but refused to refund those that paid in good faith.

    7) The City, MPI and GoM have refused to follow the few valid recommendations in the last review of Photo Enforcement (2011) including investigate the cause of the very high rate of rear end collisions at many intersections in Winnipeg. Instead they used the false and misleading information in the massaged and flawed report to expand photo enforcment. They diverted Millions of dollars in MPI overcharges to Police (for “enhanced” enforcement with officers diverted from community support and other important units or working pensionable OT) and ineffective “studies” that ignored engineering standards and other root issues instead of refunding as required by the legislated monopoly that is MPI.

    8) Past and present Ministers of Infrastructure, Councillors & City Chairs of Infrastructure (Lukes & Allard), CSO Michael Jack, one of Bowman’s many policy analysts and other elected and appointed officials at the City and Province have seen the WUW two hour guided presentation of the many dangerous engineering deficiencies being aggressively targeted. They have promised to collaborate then ignored or refused to apply the recommendations that have been requested for years.

    9) In many cases the City of Winnipeg has removed hundreds of public paid and engineer recommended speed limit and other traffic signage. The previous NDP and current PC majority LEG’s have amended and created legislation and policies that are arguably against public interests and other tactics by GoM, MPI, the City of Winnipeg and WPS that have reduced safety, further erroded the rights of the accused etc … but have increased violations and revenue.

    We have added the following and updated some of the other points to clarify.

    10) The City and Province have refused to enforce the Conditions of Authority for PE every year since 2004. Independent academic and engineering reviews correlated data collected by WPS, City Public Works, MPI and MB Justice have proven PE has not improved safety and worse yet has decreased it in most cases. The City, WPS and MPI have continually resisted the disclosure of FIPPA results and comply with Ombudsman decisions that would prove this. Similar findings from truly independent and unbiased studies in other jurisdictions.

    11) Former City Engineer and Transportation Manager Luis Escobar lied to or mislead City Council about the safety of City wide 4 second amber time policy even at higher speed intersections and other engineering deficiencies being aggressively targeted by WPS and their For Profit PE partner. An APEGM professional misconduct complaint against Escobar and two other engineers included 24 examples. The panel of engineers agreed with the complaintaint but the CEO of APEGM replaced the non compliant engineers and tried to bury the original report. It was exposed by a whistleblower but the City, Province and media have for the most part ignored this and the harrassment of the whistleblower by APEGM / EGM. City CSO Michael Jack also found to have been in conflict of interest and practicing law while not registered in a professional misconduct complaint with LSM after he gave legal advice to his colleagues Escobar and the two other engineers in the APEGM complaint. He only received a written warning.

    12) The City Audit of Photo Enforcement Performance 2005 2006 report identified the serious issues with the procurement, pilot, implementation and operation of the program. Allegations of bribery or breach of trust related to this that are substantiated have not been investigated by RCMP Corporate Crimes division due to in their words, a lack of resources and funding plus no direction from higher up and being busy investigating serious allegations of these same crimes and others by former Mayor Sam Katz, former CAO Phil Sheegle who was suspended, Caspian Construction and others.

    13) These revenue before proper engineering, safety and justice schemes with their trend in behavior against public safety involve more than just the City of Winnipeg, WPS, MPI and the MB Government. They have had enormous costs to society, the economy, and legit tax revenue. They have added to the loss of public trust, confidence, respect and trust of Police, the City, Government, MPI, APEGM / EGM, LSM, LERA and the Judicuary / Courts.

    The public is facing a biased, well funded and greased system that it is paying for and geting abused by. This arguably equates to taxation as fines, unjust enrichment and other serious crimes.

    Once enough of the public are informed of the facts, impacts of ignoring and take the meaningful actions available to them things will start to change.

    More info at www.wiseupwinnipeg.com, the announcement posts, nested links and regular pinned posts at www.facebook.com/groups/WiseUpWinnipeg

    Follow and Contact us on Messenger and Twitter @WiseUpWpg

    Info@wiseupwinnipeg.com

  • 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

    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

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

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

    Comments:

    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.

  • For Profit G4S Secure Solutions agents issuing tickets on behalf of WPA and the City of Winnipeg

    transport-parking_meter-tax_grab-taxation-parking_metre-parking_ticket-dbcn335_low.jpg

    Feb 22 2018

    For Profit G4S Secure Solutions agents not WPA employees issuing tickets on behalf of WPA and the City of Winnipeg.  Here is info we have posted before.  See link below to share this as a post.
    It is G4S Secure Solutions agents that have been alleged to have colluded with at least Tartan Towing drivers.   That was corroborated by several independent but common reports including some reports with photos and video and allegations of threats from Tartan and G4S agents.  The media covered some of these allegations.  G4S SS (Formerly G4S Technologies) is a multinational based out of the UK with many controversies to say the least in it’s past.


    https://winnipegsun.com/2014/09/26/parking-ticket-conspiracy/wcm/d95301fe-d935-4aa6-9b4f-af1553e8111c

    G4S have had the contract with the bloated and inefficient Winnipeg Parking Authority (WPA) since 2008 when the the Katz led City Council voted to stop using Not For Profit Commissionaires of Manitoba with excuse they were not effective. The details proved it was about them not issuing enough tickets (revenue) and allegations of corruption or unethical influence.
    https://www.winnipegfreepress.com/opinion/analysis/Contracting_ideology_flawed.html


    https://www.cbc.ca/news/canada/manitoba/winnipeg-s-most-ticketed-drivers-and-top-parking-patrol-officers-1.2824023

    What are the worst places to park in Canada? Here’s the data on that
    Nov 19th 2016
    http://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.
    http://www.cbc.ca/amp/1.3851956

    More in this an much more related:Out of control parking enforcement in Winnipeg including firelanes and issues contesting or appealing

    https://yaworski.net/2018/02/22/out-of-control-parking-enforcement-in-winnipeg-including-firelanes-and-issues-contesting-or-appealing/

    G4S agents and the WPA  and City Spin Doctors / Bureaucrats including recent ones appointed by Bowman or his EPC +2 have a track record of lying or misleading to cover up the many cases of unfair an unlawful ticket schemes.  Schemes that aggressively targeting known, missing, obscured and confusing signage even when it repeatedly reported by their own agents, the public and WiseUpWinnipeg.  Many cases of putting up temporary no parking signage and almost immediately ticketing rather than giving the required 24 hr notice.  Regular cases of mass ticketing by G4S agents when there is no snow fall or clearing scheduled.


    Other cases of G4S ticketing under new bylaw promoted by Lukes that only allows no more than four vehicles or no more than one small truck even for family coming over for Sunday dinner.  No more then 6 vehicles in total including stored in garage.  No RV or Boat on private property from Nov 1 – May 14 and other restrictions that face up to $1000 fine.  It granted G4S agents permission to go on to private property to ticket.  Does that mean looking in your garage windows?


    Then the City and Province allowed adding in automated ticketing via camera vans driven by G4S agents and alleged offense notices sent in the mail, taking away the right to a fair trial and question you accuser, jacking up rates without valid reasons, ignoring malfunctioning meters and still ticketing and not canceling unless accused calls in with meter number and details, removing meters and other tactics to boost revenue. Selling tens of thousands of alleged violations to aggressive collection agents with partial or missing information who then use lying, misleading and bullying tactics to try and collect.


    The Katz led City and Selinger led Province requested and amended legislation and bylaws to allow parking agents not to attend court to be questions and moved contesting in a fair provincial court trial to a flawed and biased contesting process with the WPA / G4S contesting agents and appeals to provincial appointed adjudicators sitting at the desk beside them.

    The Mayor Brian Bowman and Deputy Mayor Janice Lukes led City has allowed G4S to continuing to issue KYZ and other alleged parking tickets when it proven in Court by WiseUpWinnipeg that they unlawful but Crown stayed to avoid a decision or “ducked out” by no longer contesting appeal and then it proven via FIPPA request that Lukes and other senior officials told by then City lawyer Micheal Jack (later CCO) that they were not enforceable.  Mr. Jack has since been found guilty of conflict of interest and practicing law without being registered as a laywer with LSM regarding the dangerously short amber time formal complaints with APEGM.  Like other parking and traffic enforcement cases they continued issuing alleged offenses until it exposed to be unlawful but then refused to refund those that paid in good faith.  


    This has gone to Judicial Review where Provinical Justice make it pretty clear he thought the arguments of the Crown were unreasonable.  The Crown had argued that the signage as per HTA for no parking for scheduled snow clearing was not necessary if the director of public works issued the notice vs. a peace officer directing no parking on site or temporary signage for no parking which was done for decades without any issues until the flawed KYZ revenue scheme and bylaw.


    The boost in revenue and reduced delays after taking right to a fair trial and questioning your accuser away was not enough so the Palister led PC majority parliament gave municipalities (mostly for the City of Winnipeg) more authority for parking and 700 other bylaw alleged offenses and the contesting of these also moved the the flawed and biased process with the WPA.

  • 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”.

  • Compensation of government employees consumes half of all program spending in Ontario

    This even higher in Winnipeg and Manitoba. In the WPS 85% of spending is on salaries and benefits.

    https://www.fraserinstitute.org/blogs/compensation-of-government-employees-consumes-half-of-all-program-spending-in-ontario