Long but very Important message to all members and the general public viewing
WiseUpWinnipeg is looking for anyone who feels they were treated unfairly or unlawfully:
- related to simple traffic, parking or bylaw matters
- while contesting with MPIC about demerits, suspensions or deductibles related to above
* ignoring witness that you were not at fault and deciding 50/50 fault and both pay deductible, get demerits and penalties or ...
- in MB Courts or during pretrial (communication with the Court or the Crown before your trial):
* in MB SCC (Summary Conviction / Traffic / Parking or Bylaw Court)
* in Provincial Court (e.g. delay motions with charter 11b)
* in Court of QB (Appeals of the above simple matters).
This is NOT related to Civil or non simple HTA matters. For those including DUI or other serious alleged offenses we suggest contacting a lawyer and other Social Justice or advocacy groups that focus on issues related to these.
Submissions deadline for Court issues has been extended (more info below).
To comment visit our Facebook post about this:
All information from the courts in these matters is considered public but we will not share it without your concert except with the Court or Chief Justice or other formal watchdog (s) as mentioned below.
Many example of unfair or unlawful treatment below.
- If you didn't contest in court
* Copy of alleged offense notice
* Summary of any contact with the Court or Crown
- If you contested with MPIC:
* Claim # and brief summary of issue
- If you or your representative contested in court
* Summary of the case and what you feel was unfair or unlawful (examples we have seen repeatedly are below)
* Case name ( R vs. ......)
* Date of alleged offence
* Inital trial date provided by the Court
* Any adjournment the Crown, Court or you made (requested new trial date)
* Copy of discovery or disclosure package
* Any relavent transcripts, decisions, documents, emails or recordings of communication with the Crown or Court
If any of these occurred with you we want to hear from you and we strongly suggest you appeal and or file formal complaints with any of the following that are applicable WPS, LERA, MB Ombudsman, MB Law Society, MB Chief Justice of the appropriate Court or any other formal watchdog where a response is required.
These and related serious issues are undermining the trust, respect and confidence the public has in their Courts, Police and Governments. These and related issues are having a much larger social and economic impact then many realise.
If this has not happened to you or you know someone that it has please pass this on to them. If you want to be part of the solution and not part of the problem take action by sharing this online and by word of mouth, contacting your elected or appointed officials, donating to this cause, joining out yellow army of volunteers out signing on some of their free time. We also have some offering to contribute in other ways we are in need of assistance including filing FIPPA requests, Ombudsman complaints and other formal complaints.
Why are we collecting this info?
These are needed to re-enforce the assertion of the trend in bias and other errors or misconduct by some of OUR JJP'S, Justices, Crown and even some clerks as they struggle to deal with the unreasonable volume and upward trend in alleged simple traffic offenses and pressures from R vs. Jordan (SCC) while the root cause of this is known, dangerous and ignored by OUR elected and appointed officials at the City and Prov.
We will be filing formal complaints where possible on your behalf with the appropriate watchdog(s) and a response is required and may take additional action in the Courts. Our immediate focus is on issues in the Courts and some actions have already started which is the reason for having a deadline but the others are equally important so please submit them asap. Late submissions will still be accepted and can be used for future actions.
These pressures have been made worse by the lack of adequate action to address the well know root causes of this high volume and upward trend from OUR elected and appointed officials at the City and Prov and senior executives or staff at OUR WPS, MPIC and MB Justice to name just just a few.
Known and dangerous traffic engineering deficiencies in proper and safe speed limits, signage, amber time and more.
Some actions or purposeful inaction (including documented) by those above have only made these issues worse.
******** Examples ********
If you have some examples to add please contact us as per above or comment on this post
- Missing or incorrectly installed or inadequate signs (against sections of the HTA or MUTCD)
- Short amber time (against engineering standards, studies, recommendations or reports and physics)
- Artifically reduced speed limit (against engineering standards, studies, recommendations or reports)
- Unreasonable delay to get notice of alleged offense or to go to trial.
- Lack of disclosure or unreasonable delay to receive it (min 30 days), e.g.officer notes, diagrams, deployment log, observation log
- Your honest version of the alleged events differs greatly (this is up to interpretation and may not be unfair or unlawful)
- JJP or Justice:
* allowed hearsay evidence
* added testimony (not direction and not filed or raised by the Crown or Accused)
* denied testimony without valid reason
* ignored valid evidence (photos, engineering reports, media reports, etc ... even when relying on case law where these permitted)
* ignored arguments in trial or in decision
* rushed due to docket overfilled (Clerk, Crown and JJP deserve breaks but should not be at the expense of a fair trial. The City, Prov, Police, Court and Crown all have a part in addressing the root cause of the docket being regularly overfilled (more info below)).
* ignored missing testing or calibration notes
* allowed perjury when exposed without consequence
* ignored reasonable doubt (failed to prove beyond a reasonable doubt).
* allowed Crown to stay without valid reason even when you objected as it a matter of public interest.
* Mislead, bullied or lied in an attempt to get a not guilty plea changed to guilty or guilty with explanation for reduced fine or ...
- "If you don't accept plea bargain you will not get this chance at trial" (note it is your right to ask the JJP for this and time to pay regardless of your plea or if you ague your case or not).
- They say their witness is present and offer plea bargin but you decline and then they stay as witness not present.
- The Crown or JJP:
* denied valid request for adjournment:
- lack of disclosure of officer notes or delay
- valid exceptional case of not being able to attend.
* denied request to subpoena tester or officer signing alleged offense notice or certificates (e.g. Intersection $afety Camera)
* denied requests for testing; calibration, operation or training manuals with more info about the correct motion to file to obtain this.
* Denied request for dismiss or stay due to unreasonable delay (charter 11b) of 18m or more (- any adjournment you requested) from the alleged offense date without providing any info on requesting adjournment and or to file delay motion.
* Ignored the MB Court Directives which instructs the Crown and Court to provide information and some leeway with timelimits and other rules for those self represented (eg unreasonable delay above or ...)
- Justice denied delay motion for above delay and ignored R v. Jordan (SCC) which ruled the Court is to presume the accused prejudiced or R v. Grant Appeal, R v. Yaworski, R v. Prescott that ruled 17 or 18m ceiling and more.
- JJP, Justice, Crown or "designated" Peace / Police Officer:
* Abuse of Authority:
* ignored or misinterpreted our Constitution, Charter, International Covenants Canada signed and ratified, other legal and civil rights, due process, sections of the HTA, SCA and other legislation, regulations, (clearly or against our legislators intentions).
- Most if not all of the above 28 or more are examples of this.
- Officer / Operator:
* Didn't check what the required signage was and if it was present before setting up for enforcement (CZ, DCZ, SZ, RSCZ, PG, ...) and didn't provide diagram from that day and setup.
- Alleges driver didn't stop for 3 sec at a stop sign (The HTA says come to a complete stop and proceed when safe to do so. Also Wpg uses more stop signs where yields would be safer and prefered (based on engineering stds) than anywhere else in Canada.
* Excessive use of force (or bullying by saying they will use force if you do not comply) including but not limited to forced search of vehicle without consent, a warrant or reasonable case (e.g. EVIDENCE they will be submitting to a Justice within 48 hrs that a SERIOUS crime has or is about to be committed (e.g. violent or property) or that a SERIOUS vehicle safety feature requires inspection). You have the right to remain silent and only need to provide proof of license and insurance.
- Anything else you feel was unfair or unlawful related to these simple matters