Upcoming Court Actions with Legal Counsel Initiated by WiseUpWinnipeg:
1. DECEMBER 8th, 2017 (Moved from Sept 6th and 8th) (full day special sitting trial) where we will prove with experts that Winnipegs short amber scheme is as dangerous as it is profitable. No other city in the world has 4 second amber time especially in higher speeds zones including 80kph -where targeted Winnipeg enforcement nets 800% more red light "runners".
2. On September 29th the appeal in R v. Carlson (MBQB) was heard by Chief Justice Joyal where it was argued that Designated Construction Zones are not legally allowed to be enforced by Photo Enforcement as defined by Mb law/HTA. He reserved his decision which should be given within 30 days.
3. The third matter is a Judicial Review of the outrageous Know Your Zone program - which continues to be illegally enforced with no signage to make drivers aware of the parking prohibition as per the law. When I exposed this program last year - the.City conceded only to the other issue being the hours enforced - when in fact the entire scheme is illegal and needs to be stopped in the name of fairness.
When the public sees the 1990 Hansard record of the intent of the HTA amendments for Winnipeg snow clearing - they will see just how broken and disconnected our political, judicial and civic forces have become with respect to the public that they are to be serving. After 8 years the facts will finally be acknowledged and upheld - and this form of dangerous and systemic fraud against the public will not occur in this province again.
4. A formal challenge that photo enforcement operators (fixed and mobile) who are employed by Traffic Safe Solutions Inc. or ACS Xerox Corporation are not designated Peace Officers but only Special Constables as per the MB Police Services Act which do not have the authority to issue alleged traffic offences.
There is several other legal actions started and planned by self represented that WiseUpWinnipeg is assisting with by providing useful information to help them better prepare. Info made available from other cases and from other members having gone through the process. Working collectively this way the public is not easily deceived and are better prepared to stand up for their charter and other legal rights, due process and fair treatment. Together we will help reform the system that has turned its back on public interest and true public safety.
This legal expose should also serve to terminate the careers of the many useless politicians who have and continue to ignore the clearly stated facts of these matters - with many of them taking public positions that these illegal abuses should even be increased against the public.
We will name names when all is said and done in after these actions.
We need your help costing these initiatives on behalf of and to the benefit and fairness of all Manitoban’s.
Please consider donating to the legal costs for these three upcoming trials.
Here is just some of the media coverage of the dangerously short amber time and parking issues with resulting court actions:
On Wednesday, 71-year-old Jim Aisaican-Chase will provide testimony for a special trial scheduled for September to deal with amber light timing.
City's parking ticket appeal system may be challenged in court - CBC
WiseUpWinnipeg needs your help costing the following court initiatives on behalf of and to the benefit and fairness of all Manitoban’s. Most of our success has come in the courtroom so please consider donating to the legal costs for these three very important upcoming trials and a Judicial Review.
I AGREE, IT'S TIME TO MAKE A DIFFERENCE!
Find the donation option with credit card and visa debit plus volunteer link below. To use Paypal click here.
If you want to send via e-transfer, direct debit or arrange pickup of donations in person use our contact us page.
We can supply a $low Down Photo Enforcement Ahead sign or similar to anyone with a $25 dollar or larger donation or a commitment to put one to good use. Use the Contact Us link after donating below. These signing protests are our most powerful tool when used in mass. It like court actions can lead to these government sanctioned $afety revenue cash cow programs being shutdown for good and ending the careers of those in authority who have allowed or ignored this abuse of the public, public funds and services.
Why are we asking for donations and volunteers?
Favorable decisions in court for the public can be relied upon by others here and elsewhere in Canada even if they do not set an obvious precedence in a higher court. They will lead to meaningful reforms.
So many people get multiple unfair or unlawful $300+ tickets for alleged traffic offenses. Then many are mislead by the Crown and or have their charter and other legal rights ignored in Court when they contest. This is an investment against more tickets like this and other unfair or unlawful treatment. Similar with many unfair or unlawful parking tickets where there is known issues with missing, obstructed or confusing signage.
WiseUpWinnipeg is a fast-growing group of 9100 + members who are dedicated to exposing the traffic and parking enforcement abuses that are unique to the City of Winnipeg. Our membership is doubling every 9 months or less as more and more are fed up with the behavior of their WPS and it's for profit partners TSS, ACS / Xerox as well as WPA and for profit partner G4S Tech. They are also fed up with the behavior of MPIC, Mayor Bowman, most of City Council and many of the elected and appointed officials at the Province who have the authority and responsibility to address these serious issues of public safety and interest that are being ignored at great cost to public safety and funds and priority of fighting serious crime.
The issues are many including 4.0 second amber policy regardless of the road speed – and therefore having the shortest amber times in Canada at higher speed intersections where they net 800% more red light violations than the slower speed intersections where 4.0 seconds is adequate. Besides breaking the laws of physics for stopping a vehicle at speed – the results are in their own data – higher violations as well as the chronic collisions that result from the short amber time itself.
Not posting speed limits at the proper and known 85th percentile that the road was designed to prudently travel at– and targeting enforcement to those specific deficient stretches, for decades.
Not dual-posting (boulevard and curb) speed- reduction signage, which is the standard practice in all other cities – and targeting their enforcement to locations of speed-drops where drivers don’t have fair and reasonable awareness of same due to non compliance with MUTCD (Manual For Uniform Traffic Controls and Devices) which is a national standard.
Creating an illegal Know Your Zone residential snow removal ban that afforded the City to ticket and tow vehicles – while not have signage erect at these locations - which is not only the law but was the practice before KYZ was created.
Creating Designated Construction Zones which were implemented illegally and unfairly enforced with inadequate signage.
On top of all of these abuses – the fines are 250% higher than the average of all other provinces. The city and province have refused to even acknowledge these facts since we began advancing them 8 years ago. WiseUpWinnipeg has only had success at righting these wrongs once matters were advanced into the court and usually through the appeal process following the judicial failure known as Manitoba Traffic Court. Case in hand being the Know Your Zone program – which saw the illegalities presented to the city and province as well as in Traffic Court. The result was a total ignoring by the elected and bureaucrats – and a conviction at court. Only in the appeal process did the city and province drop the case and then later admit – following media stories - that the KYZ program was illegal. They voided the few tickets that hadn’t yet been paid while refusing to properly refund all others on the basis that people accepted guilt by paying.
These are only a few reasons why we are swelling with passionate and angry members - regular people who refuse to hand over another paycheque to abusive, unfair and illegal enforcement that is unique to Winnipeg. With their refusal to engage the facts – we will proceed to court on all of these issues including having trial dates now set in 2017 for the illegal amber timing issue, the Designated Construction Zones and Know Your Zone program.
We need your help costing these initiatives on behalf of and to the benefit and fairness of all Manitoban’s. Please consider donating to the legal costs for these three upcoming trials.
See Court Actions for more details and links to media coverage.
WiseUpWinnipeg does not accept taxpayer subsides of any kind. Therefore, you will not receive a tax receipt for donations to WiseUpWinnipeg, a community advocacy group. Privacy and Transparency are very important to WiseUpWinnipeg. For more info on these please visit our policies page.Donate