Jan 21 2019 – WiseUpWinnipeg
In MB the fine option to pay with community service is no longer available for HTA and parking alleged offences including traffic matters.
It used to be an option on the back of the alleged offense notices. Was this done in the lead up to photo and parking enforcement being implemented with For Profit partners?
Saskatchewan wants to or has taken this option away as well.
A justice should be able to overrule this policy if requested by the accused after a conviction when they asked if they need time to pay.
Has any one tried this?
If denied it may require filing a motion application (free for non civil including HTA matters) with the Provincial Court. E.g 408 York Ave, Wpg. Which will be heard by a proper Justice not a JJP aka majistrate like in POC / Traffic or as some senior Crown refer to it Kangaroo Court.
Taking this option away hurts low income people, families and communities the hardest. Especially when they can stop the renewal of a drivers license or insurance for non payment and fines are up to six times higher than elsewhere in Canada.
Many require a license for employment and public transit not available where or the times they need it. This can force some into poverty and a vicious cycle that in some cases leads them from being a productive member of society to homeless and being a unnecessary strain on public services.
It not uncommon for fines for designated construction zones which are doubled being over $600. In many cases multiple alleged offenses issued to same vehicle owner in short period due to zone extended beyond any construction and signage missing, blown down or inadequate. When this proven with City issued FIPPA request results that are also online the JJP’s have denied them being used and ignored photos of signage missing.
Regardless the accused can appeal but this costs $35, cost of transcript and time off work. In MB there has been a trend of bias and errors for simple traffic matters especially in the lower court. The Chief Justices have said in responses to formal complaints about this “that is what the appeal process is for”. Not all can afford the cost to appeal, for transcript and time off work.
The accused can still make payments but even this is difficult for those on fixed or limited income.
The government of Manitoba has created a fine-option program under Manitoba Regulation 178/88 which entitles any person, regardless of financial circumstances, to elect to perform community work, rather than pay the fine.
Who do I contact for more information?
Winnipeg: (204) 945-6313
Toll-Free in Manitoba: (204) 1-800-282-8066
Volunteer Public Advocates and Cummunity Group
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