Tense moments at court office
Angry motorists take photo-radar frustrations out on sheriff's officers
By: Mike McIntyre
17/06/2009 1:00 AM |
Comments: 10
Manitoba's photo radar flap has led to increased hostilities -- and beefed-up security -- at a downtown court office.
Several provincial sheriff's officers have said they've become targets for citizens looking to vent their rage after learning they won't get refunds for their construction zone speeding tickets.
[IMG]http://media.winnipegfreepress.com/images/240*393/1255445.jpg[/IMG]
Enlarge Image 
(PHIL.HOSSACK@FREEPRESS.MB.CA)
"It's getting crazy over there," one officer said Tuesday, referring to the Summary Conviction Court at 373 Broadway. "People aren't happy."
There have been at least four recent incidents that involved heated confrontations between members of the public, provincial magistrates and the sheriffs who patrol the courts. The most serious spilled out of the building and onto the sidewalk and involved one irate man swinging at an officer. There were no injuries.
Security has been increased because of the rising tensions, according to the sheriffs.
Dave Brickwood, assistant deputy minister of the courts, confirmed Tuesday there have been two recent incidents that ended with Winnipeg police being called. He doesn't believe criminal charges were laid in either case because there may have been "other factors" involved, such as mental illness.
"People seem to get a bit passionate about their tickets every now and then," he said. However, Brickwood downplayed any security concerns raised by front-line officers, saying it was basically "business as usual."
Photo radar made headlines earlier this year when third-year University of Manitoba law student Jodi Koffman successfully argued it was the intention of lawmakers to only enforce reduced speeds in construction zones when workers are present and not otherwise. Magistate Norm Sundstrom agreed in dismissing nine tickets. In a written decision he said in all of the cases before him the motorists were proven to have exceeded the temporary posted speed of 60 km/h -- not the actual 80 km/h speed limit -- in worker-free construction zones.
The Crown immediately filed an appeal, but the city was caught off guard earlier this month when the province announced it was abandoning its fight. What made it worse for the city and the police traffic division is that the Crown also said the public works department had not properly installed signs at the end of photo-enforced construction zones to tell drivers they could increase their speed to the posted limit. Because of that, the Crown also announced it would drop 875 speeding offences still before the courts on the basis it could not prosecute because of the lack of signage.
The decision later outraged the public when Justice Minister Dave Chomiak said tickets issued last year would not be refunded where an estimated $10 million in fines had already been paid to the city and province.
The province has now set in law how police can use photo radar in construction zones.
The new rules say city-run speed-enforcement cameras can only be used in construction zones when workers are present. If no workers are present, there must be a specific safety risk for police to enforce reduced speeds on weekends. There also must be a proper sign in place advising drivers they are entering a construction zone with a reduced speed and a second sign at the end of the construction zone advising drivers they can resume travelling the posted speed limit.
Meanwhile, a Winnipeg man has initiated a class-action lawsuit against the City of Winnipeg, alleging the city improperly collected the photo-radar fines. The legal action must still be accepted by the courts as a class-action suit on behalf of all motorists. The statement of claim says the city "unjustly enriched itself at the expense of the plaintiffs" and that all fines, fees and other penalties imposed through the photo-radar tickets, "were without colour of right and thus should not have been levied, imposed, sought or collected."
www.mikeoncrime.com
Prev
... yeah I'd say your onto something.
Linear Mode
