Wasaga Beach
by Kevin Bernard
A Huronia West OPP officer is facing charges after a car crash in Oakville.
The collision happened December 16th on Highway 407.
An OPP investigation shows a marked OPP cruiser collided with another eastbound vehicle around 2:20 PM.
The cruiser was being operated by an on-duty officer.
No one was injured in the crash.
Constable Jay Blackburn -- a 7 year member of the force who is assigned to the Huronia West detachment -- is now charged with failing to drive in a marked lane under the Highway traffic act.
It is a provincial offence, meaning a traffic ticket.
bayshorebroadcasting.ca
critter cartoon
Saturday, January 2, 2010
The OPP and a law twice-tossed
The OPP and a law twice-tossed
Jan 02, 2010
Has the Ontario Provincial Police not heard that in our judicial system the legislature passes laws, the courts (if they so choose) rule on their constitutionality, and the police – supposedly, servants to the legislature, the courts and the people – enforce them accordingly?
Not, apparently, these days.
Justice Peter West ruled recently in a Newmarket court that Ontario's stunt driving law, which automatically imposes various levels of punishment on anyone accused of violating it (not convicted; only accused) is unconstitutional.
As the Star reported, West ruled that an accused driver's Charter rights are "clearly infringed" by potential jail time because this law, as it exists, doesn't permit the person to put forward a defence.
He described the law as an "absolute liability," which means those accused can't argue they took precautions or they didn't realize how fast they were driving.
A street-racing charge automatically leads to a conviction, which can carry a minimum fine of $2,000, immediate suspension and vehicle impoundment, and a maximum jail sentence of six months.
West really had no choice but to toss this law. The Charter of Rights, part of our Constitution, is quite clear: you cannot face a charge that can lead to jail without having the ability to defend yourself.
Would you want it any other way?
The way this law is written, the police officer lays the charge, passes judgement and metes out the punishment, all with you having no chance to state your defence, and that my friends is just not on.
Inspector David Ross has said the OPP will continue to lay charges and impound cars, in defiance of the Constitution, because, as he told the Star: "It has been an effective tool in combatting speeding and reducing collisions and deaths on the highway."
What the hell?
We shouldn't be surprised, because that was the police's reaction when Justice Geoffrey Griffin ruled likewise in a Napanee court this past September.
The attorney general's office has appealed Justice West's ruling and it will go to Court of Appeal this month.
The OPP didn't like either ruling, so its officers are ignoring them. So far, more than 15,000 Ontario drivers have been charged, almost all with exceeding 50 km/h over the posted limit.
I repeat, and I wish I had a bigger type face: WHAT THE HELL?
Who's in charge here? Sadly, I guess we know.
Too many people are buying the OPP's spurious statistic that traffic deaths have dropped since the "stunt driving" law was passed.
Nonsense.
First, traffic deaths on a vehicle-per-kilometre-travelled basis have been dropping more or less continually for 70 years. This recent drop is, to at least some degree, part of an ongoing trend.
We would need more data — much more than the one year's worth of data for this law so far — to determine how large that degree is.
Second, supporters are failing to differentiate between correlation and causality. Just because two events coincide, doesn't mean one caused the other. The classic case is the correlation between high-fashion female skirt length and the stock market.
The number of traffic deaths is affected by a large number of factors, including — and this is a big one, according to several studies — economic downturns.
Anyone seen one of those around here recently?
Third, the Ontario Ministry of Transportation's own statistics show that a fast-shrinking percentage of fatal car crashes occur at ultra-high speeds.
Yeah, they are spectacular when they happen, but nailing these high-fliers just doesn't have the potential to reduce high-speed fatal crashes very much because there just aren't very many of them.
In fact, by any statistical measure, our safest roads are always our fastest roads: the 400-series highways.
Speed kills? No, it does not.
Simple as that.
The worst thing though is: even if this law did save lives, are we prepared to give up our Constitution for it?
The police have all sorts of laws to charge speeders, tail-gaters, lane-changers, impaired drivers and seat belt refusniks (the latter two being the only issues that really show up as statistically important).
And now, even hand-held cell-phoners and texters.
This so-called stunt driving law ("so-called" because it has nothing at all to do with "stunt driving" or "street racing," neither of which has any place on our highways and for which the cops already have plenty of legislative weaponry) is simply a power grab by the World's Biggest Street Gang.
"To Serve and Protect?"
Sorry. I am beginning to have serious doubts about either.
jim@jimkenzie.com
wheels@thestar.ca
Toronto Star
Jan 02, 2010
Has the Ontario Provincial Police not heard that in our judicial system the legislature passes laws, the courts (if they so choose) rule on their constitutionality, and the police – supposedly, servants to the legislature, the courts and the people – enforce them accordingly?
Not, apparently, these days.
Justice Peter West ruled recently in a Newmarket court that Ontario's stunt driving law, which automatically imposes various levels of punishment on anyone accused of violating it (not convicted; only accused) is unconstitutional.
As the Star reported, West ruled that an accused driver's Charter rights are "clearly infringed" by potential jail time because this law, as it exists, doesn't permit the person to put forward a defence.
He described the law as an "absolute liability," which means those accused can't argue they took precautions or they didn't realize how fast they were driving.
A street-racing charge automatically leads to a conviction, which can carry a minimum fine of $2,000, immediate suspension and vehicle impoundment, and a maximum jail sentence of six months.
West really had no choice but to toss this law. The Charter of Rights, part of our Constitution, is quite clear: you cannot face a charge that can lead to jail without having the ability to defend yourself.
Would you want it any other way?
The way this law is written, the police officer lays the charge, passes judgement and metes out the punishment, all with you having no chance to state your defence, and that my friends is just not on.
Inspector David Ross has said the OPP will continue to lay charges and impound cars, in defiance of the Constitution, because, as he told the Star: "It has been an effective tool in combatting speeding and reducing collisions and deaths on the highway."
What the hell?
We shouldn't be surprised, because that was the police's reaction when Justice Geoffrey Griffin ruled likewise in a Napanee court this past September.
The attorney general's office has appealed Justice West's ruling and it will go to Court of Appeal this month.
The OPP didn't like either ruling, so its officers are ignoring them. So far, more than 15,000 Ontario drivers have been charged, almost all with exceeding 50 km/h over the posted limit.
I repeat, and I wish I had a bigger type face: WHAT THE HELL?
Who's in charge here? Sadly, I guess we know.
Too many people are buying the OPP's spurious statistic that traffic deaths have dropped since the "stunt driving" law was passed.
Nonsense.
First, traffic deaths on a vehicle-per-kilometre-travelled basis have been dropping more or less continually for 70 years. This recent drop is, to at least some degree, part of an ongoing trend.
We would need more data — much more than the one year's worth of data for this law so far — to determine how large that degree is.
Second, supporters are failing to differentiate between correlation and causality. Just because two events coincide, doesn't mean one caused the other. The classic case is the correlation between high-fashion female skirt length and the stock market.
The number of traffic deaths is affected by a large number of factors, including — and this is a big one, according to several studies — economic downturns.
Anyone seen one of those around here recently?
Third, the Ontario Ministry of Transportation's own statistics show that a fast-shrinking percentage of fatal car crashes occur at ultra-high speeds.
Yeah, they are spectacular when they happen, but nailing these high-fliers just doesn't have the potential to reduce high-speed fatal crashes very much because there just aren't very many of them.
In fact, by any statistical measure, our safest roads are always our fastest roads: the 400-series highways.
Speed kills? No, it does not.
Simple as that.
The worst thing though is: even if this law did save lives, are we prepared to give up our Constitution for it?
The police have all sorts of laws to charge speeders, tail-gaters, lane-changers, impaired drivers and seat belt refusniks (the latter two being the only issues that really show up as statistically important).
And now, even hand-held cell-phoners and texters.
This so-called stunt driving law ("so-called" because it has nothing at all to do with "stunt driving" or "street racing," neither of which has any place on our highways and for which the cops already have plenty of legislative weaponry) is simply a power grab by the World's Biggest Street Gang.
"To Serve and Protect?"
Sorry. I am beginning to have serious doubts about either.
jim@jimkenzie.com
wheels@thestar.ca
Toronto Star
Thursday, December 31, 2009
OPP head to face Caledonia misconduct allegations
Source:CBC.CA
Ontario's top police officer must face allegations he illegally influenced municipal officials, a judge ruled Thursday as he ordered either a summons or warrant be issued for Ontario Provincial Police Commissioner Julian Fantino.
The allegations against Fantino were brought by Gary McHale, who has led a number of rallies decrying what he calls two-tier justice in the policing of an aboriginal land occupation in Caledonia, Ont.
McHale alleges that Fantino influenced municipal officials in the town when the commissioner sent an email telling the mayor and councillors not to attend McHale's rallies.
Influencing or attempting to influence a municipal official in municipal activities is an offence under the Criminal Code and carries up to a five-year prison term if convicted.
A justice of the peace who heard McHale's complaint refused to issue a summons or warrant against the commissioner.
However, Superior Court Justice David Crane, who reviewed the case, ordered the justice of the peace to issue such an order in a ruling released Thursday.
"The learned justice of the peace declined to issue process," Crane wrote in his ruling. "It is his duty to do so."
'Not a finding of guilt'
Lawyer Andrew Bell, who represented the Attorney General of Ontario in the case, said it's more likely that a summons will be issued for Fantino than an arrest warrant.
"It's not a finding of guilt, it doesn't have that weight," Bell said of Thursday's decision.
"There's a charge before the court that will have to be dealt with."
Requests for comment from Fantino or the provincial police were not immediately returned.
McHale, who represented himself in court, called Thursday's decision a "huge victory."
"We have set the standard for private citizens' rights to lay criminal charges against government officials," he said in a telephone interview.
In his decision, Justice Crane wrote that the Fantino email says Haldimand County Mayor Marie Trainer and certain councillors "were not to support the public attendances of Gary McHale in Caledonia, nor to make statements of support of Mr. McHale to the residents of Caledonia.
"The issue before the justice... was whether Julian Fantino made a threat to influence or in an attempt to influence Mayor Trainer and/or the council of Haldimand County to perform or fail to perform an official act," Crane wrote.
"I observe on the record in this application there is evidence of influenced behaviour by the mayor and county council in response to the Julian Fantino letter."
Repeated exchanges
The case is not the first time Fantino and McHale have squared off in court.
McHale faces charges of counselling mischief not committed and Fantino testified during a preliminary hearing this year that he told subordinates he would have gladly arrested McHale himself for inciting civil unrest in Caledonia.
McHale is representing himself in that case as well and questioned Fantino on the witness stand.
During one exchange, Fantino told McHale that his repeated visits to Caledonia, already tense over the lengthy aboriginal occupation, dangerously inflamed the situation.
The commissioner called McHale a "lightning rod to the conflict" during his testimony and added police saved McHale from "grievous bodily harm numerous times."
Ontario's top police officer must face allegations he illegally influenced municipal officials, a judge ruled Thursday as he ordered either a summons or warrant be issued for Ontario Provincial Police Commissioner Julian Fantino.
The allegations against Fantino were brought by Gary McHale, who has led a number of rallies decrying what he calls two-tier justice in the policing of an aboriginal land occupation in Caledonia, Ont.
McHale alleges that Fantino influenced municipal officials in the town when the commissioner sent an email telling the mayor and councillors not to attend McHale's rallies.
Influencing or attempting to influence a municipal official in municipal activities is an offence under the Criminal Code and carries up to a five-year prison term if convicted.
A justice of the peace who heard McHale's complaint refused to issue a summons or warrant against the commissioner.
However, Superior Court Justice David Crane, who reviewed the case, ordered the justice of the peace to issue such an order in a ruling released Thursday.
"The learned justice of the peace declined to issue process," Crane wrote in his ruling. "It is his duty to do so."
'Not a finding of guilt'
Lawyer Andrew Bell, who represented the Attorney General of Ontario in the case, said it's more likely that a summons will be issued for Fantino than an arrest warrant.
"It's not a finding of guilt, it doesn't have that weight," Bell said of Thursday's decision.
"There's a charge before the court that will have to be dealt with."
Requests for comment from Fantino or the provincial police were not immediately returned.
McHale, who represented himself in court, called Thursday's decision a "huge victory."
"We have set the standard for private citizens' rights to lay criminal charges against government officials," he said in a telephone interview.
In his decision, Justice Crane wrote that the Fantino email says Haldimand County Mayor Marie Trainer and certain councillors "were not to support the public attendances of Gary McHale in Caledonia, nor to make statements of support of Mr. McHale to the residents of Caledonia.
"The issue before the justice... was whether Julian Fantino made a threat to influence or in an attempt to influence Mayor Trainer and/or the council of Haldimand County to perform or fail to perform an official act," Crane wrote.
"I observe on the record in this application there is evidence of influenced behaviour by the mayor and county council in response to the Julian Fantino letter."
Repeated exchanges
The case is not the first time Fantino and McHale have squared off in court.
McHale faces charges of counselling mischief not committed and Fantino testified during a preliminary hearing this year that he told subordinates he would have gladly arrested McHale himself for inciting civil unrest in Caledonia.
McHale is representing himself in that case as well and questioned Fantino on the witness stand.
During one exchange, Fantino told McHale that his repeated visits to Caledonia, already tense over the lengthy aboriginal occupation, dangerously inflamed the situation.
The commissioner called McHale a "lightning rod to the conflict" during his testimony and added police saved McHale from "grievous bodily harm numerous times."
Wednesday, December 30, 2009
Caledonia couple settles lawsuit against police, government
Christie Blatchford
Globe and Mail Update
Published on Wednesday, Dec. 30, 2009 5:20PM EST
Last updated on Wednesday, Dec. 30, 2009 5:38PM EST
.The Ontario government suddenly has settled out-of-court with the Caledonia, Ont., couple who were suing Queen's Park and the OPP for abandoning them to a lawless native occupation that began almost four years ago.
The surprise move came as the couple's trial was slated to resume next Monday in a Hamilton courthouse before Ontario Superior Court Judge Thomas Bielby.
Among the remaining scheduled witnesses were a number of OPP officers, at least one of whom, The Globe and Mail has learned, was prepared to testify about the front line's profound frustration with marching orders that saw “the law twisted” during the occupation.
Though it was never crystal clear at trial whether those orders originated with the Dalton McGuinty cabinet or the OPP brass, government lawyers acknowledged early on that normal policing, where officers conduct investigations and make arrests in a timely manner, didn't happen during the occupation.
Rather, as government lawyer David Feliciant said in his opening statement, both Queen's Park and the OPP were concerned that “provocative action” by the police could escalate the crisis, and relied instead on special guidelines for “aboriginal critical incidents.”
If the theory sounds ringing, as Judge Bielby heard, in practice the policy led to bald-faced two-tiered policing – strict, arguably over-enforcement of the law for non-natives, virtually none for natives – which infuriated Caledonia residents and emboldened the most lawless of the protesters.
Globe and Mail
Globe and Mail Update
Published on Wednesday, Dec. 30, 2009 5:20PM EST
Last updated on Wednesday, Dec. 30, 2009 5:38PM EST
.The Ontario government suddenly has settled out-of-court with the Caledonia, Ont., couple who were suing Queen's Park and the OPP for abandoning them to a lawless native occupation that began almost four years ago.
The surprise move came as the couple's trial was slated to resume next Monday in a Hamilton courthouse before Ontario Superior Court Judge Thomas Bielby.
Among the remaining scheduled witnesses were a number of OPP officers, at least one of whom, The Globe and Mail has learned, was prepared to testify about the front line's profound frustration with marching orders that saw “the law twisted” during the occupation.
Though it was never crystal clear at trial whether those orders originated with the Dalton McGuinty cabinet or the OPP brass, government lawyers acknowledged early on that normal policing, where officers conduct investigations and make arrests in a timely manner, didn't happen during the occupation.
Rather, as government lawyer David Feliciant said in his opening statement, both Queen's Park and the OPP were concerned that “provocative action” by the police could escalate the crisis, and relied instead on special guidelines for “aboriginal critical incidents.”
If the theory sounds ringing, as Judge Bielby heard, in practice the policy led to bald-faced two-tiered policing – strict, arguably over-enforcement of the law for non-natives, virtually none for natives – which infuriated Caledonia residents and emboldened the most lawless of the protesters.
Globe and Mail
Monday, December 28, 2009
Officer behind wheel, police say
SUV smashes through hydro box, then fences, before ending up in yard
December 28, 2009
Barbara Brown
The Hamilton Spectator
(Dec 28, 2009)
An off-duty Hamilton police officer is under investigation after a car crashed through a tall wood fence of a Mount Hope townhouse complex early yesterday.
The driver reportedly fled the scene.
Hamilton Police Superintendent Debbie Clark confirmed an off-duty officer driving a Volvo SUV was involved in a single-vehicle collision on Thames Way at 4 a.m., near Upper James and White Church roads.
Clark said nobody was injured and no charges have been laid as yet, although the accident remains under "active investigation."
The collision occurred in a residential subdivision west of the Mount Hope intersection. The vehicle also struck a hydro transformer and Hydro One was called to inspect the damage, said Clark.
Homeowner Cathy Robertson, 60, in whose back yard the sport utility vehicle came to rest, was awakened by a loud rumbling crash early yesterday morning. She got out of bed and went to peer out the sliding-glass doors into her back yard. She saw a grey SUV had smashed through a three-metre tall, wooden fence -- coming within two metres of her home -- before it struck a second fence.
Robertson said the Volvo's windshield was cracked and its headlights were out. A woman, dressed in civilian clothes, was walking away from the car when Robertson called to her.
"I called out to her because she was leaving and I asked her if she was all right. She said, 'Yes.' And I said, 'Is there anyone else in the vehicle?' And she said, 'No.' And then she disappeared into the dark."
The homeowner, who is a relative of former Hamilton police chief Ken Robertson, called 911.
Hamilton police marked off the accident scene with caution tape yesterday morning and blocked vehicle traffic to the street.
Robertson said it appeared in the light of day that the driver had first struck a hydro transformer located at the corner of Provident Way and Homestead Drive and then failed to negotiate the curve in the road.
The road conditions early yesterday morning were icy, she said.
bbrown@thespec.com
905-526-3494
The Spec
December 28, 2009
Barbara Brown
The Hamilton Spectator
(Dec 28, 2009)
An off-duty Hamilton police officer is under investigation after a car crashed through a tall wood fence of a Mount Hope townhouse complex early yesterday.
The driver reportedly fled the scene.
Hamilton Police Superintendent Debbie Clark confirmed an off-duty officer driving a Volvo SUV was involved in a single-vehicle collision on Thames Way at 4 a.m., near Upper James and White Church roads.
Clark said nobody was injured and no charges have been laid as yet, although the accident remains under "active investigation."
The collision occurred in a residential subdivision west of the Mount Hope intersection. The vehicle also struck a hydro transformer and Hydro One was called to inspect the damage, said Clark.
Homeowner Cathy Robertson, 60, in whose back yard the sport utility vehicle came to rest, was awakened by a loud rumbling crash early yesterday morning. She got out of bed and went to peer out the sliding-glass doors into her back yard. She saw a grey SUV had smashed through a three-metre tall, wooden fence -- coming within two metres of her home -- before it struck a second fence.
Robertson said the Volvo's windshield was cracked and its headlights were out. A woman, dressed in civilian clothes, was walking away from the car when Robertson called to her.
"I called out to her because she was leaving and I asked her if she was all right. She said, 'Yes.' And I said, 'Is there anyone else in the vehicle?' And she said, 'No.' And then she disappeared into the dark."
The homeowner, who is a relative of former Hamilton police chief Ken Robertson, called 911.
Hamilton police marked off the accident scene with caution tape yesterday morning and blocked vehicle traffic to the street.
Robertson said it appeared in the light of day that the driver had first struck a hydro transformer located at the corner of Provident Way and Homestead Drive and then failed to negotiate the curve in the road.
The road conditions early yesterday morning were icy, she said.
bbrown@thespec.com
905-526-3494
The Spec
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They wore these or I took away thier toys for 7 days!
No kidding!
"Damn Street Racer"pays with Brusies
