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THE PROVINCIAL COURT OF MANITOBA



BETWEEN:

HER MAJESTY THE QUEEN

- and -

DAVID MACKAY,

Accused.

TRANSCRIPT OF PROCEEDINGS AT TRIAL, before Judicial Justice of the Peace Klassen, held at the Provincial Court, 373 Broadway, in the City of Winnipeg, Province of Manitoba, on the 6th day of October, 2010.

APPEARANCES:

MS. S. SILVER, for the Crown MR. D. MACKAY, in person

,.

INDEX

Page

PROCEEDINGS

1

WITNESS FOR THE CROWN:

WILLIAM G. STaRRY

Direct Examination Cross-Examination

2 6

WITNESS FOR THE DEFENCE:

DAVID MACKAY

Direct Evidence Cross-Examination

11 12

SUBMISSION BY MS. SILVER

14

REASONS FOR JUDGMENT

15

EXHIBITS:

1

Colour Photographs

10

2

Testing Certificate

10

3

Certificate of Registration

10

OCTOBER 6, 2010 PROCEEDINGS

[ 1]

1 OCTOBER 6, 2010 2

3

MS. SILVER:

The next matter, number II, please,

4 David MacKay.

5 THE CLERK: And just stand for just a moment, sir.

6 7 8

You are David MacKay?

THE ACCUSED: Yes.

THE CLERK: Thank you.

On or about June the 8th,

9 2010, in the city of Winnipeg -- no, remain standing.

10 THE ACCUSED: I'm sorry.

11 THE CLERK: In the city of Winnipeg, province of

12 Manitoba, being the owner of a vehicle displaying Manitoba 13 licence plate, ETL 108, did unlawfully commit the following 14 offence contrary to Section 95 (1) of the Highway Traffic 15 Act, to wit speeding. How do you wish to plead?

16 THE ACCUSED: Not guilty, please.

17 THE CLERK: I'll have you take a seat over there.

18 THE ACCUSED: Thanks.

19 THE COURT: Mr. MacKay, do you have any witnesses

20 with you today?

21 THE ACCUSED: No, I don't.

22 23 24 25 26 27 28 29 30 31 32 33 34

THE COURT: All right. So we're going to proceed with your trial right away and it's the Crown's job to try to prove you're guilty beyond a reasonable doubt, so for

that reason they start first. the stand and ask their

happened that day_ They

They'll call their witness to witness questions about what have to ask fair, objective

questions without leading their witness and I have to inform you that you'll be given the right to ask questions of your own. If you remember anything differently than what the witness is saying or if you're unsure of how they were able to prove, for instance, that you were speeding, things like that, make sure when I give you the chance that you ask those questions and then later onr if you liker you can also

21 22 23 24 25 26 27 28 29 30 31 32 33 34

OCTOBER 6, 2010

W.G. STORRY - DR-EX.

[2]

give evidence yourself. Do you have any questions?

MR. MACKAY: I don't think so.

1 2

3

4 5

6 Starry.

THE COURT:

Okay, just have a seat and then we'll

start.

MS. SILVER:

The Crown has one witness, Officer

7 THE CLERK: May I please have you state your name

8 for the record, sir, and spell it.

9 THE WITNESS: William G. Storry, W-I-L-L-I-A-M,

10 G for George, S-T-O-R-R-Y.

11

12 WILLIAM G. STORRY, sworn, testified

13 as follows:

14

15 DIRECT EXAMINATION BY MS. SILVER:

16 17 18 19 20 enforcement.

Q Officer Starry, how are you employed?
A Traffic Safe Solutions.
Q And what lS their purpose?
A Photo, photo enforcement radar, or radar Q A Q

And were you on duty on June 8th, 2010? Yes, I was.

And where were you located?

THE WITNESS:

Your Honour, may I refer to the

notes In my own handwriting from the day in question and photographs that the Crown has?

THE COURT: Yes. Mr. MacKay, do you have the materials with you that the Crown sent to you?

MR. MACKAY: Yes.

THE COURT: Okay, that's good. The officer's just
going through them now
MR. MACKAY: Yeah.
THE COURT: -- so lim just letting you know.
MR. MACKAY: Okay. OCTOBER 6, 2010

W.G. STORRY - DR-EX.

[3 ]

1 2 3 4 5

6 BY MS. SILVER:

THE WITNESS:

On June the 8th, 2010, I was

assigned to district 4 and my second deployment I was doing

northbound Henderson Highway, north of Bonner Avenue, in the

city of Winnipeg, in the province of Manitoba.

7 8 9

10 11

Q A Q A Q

And what type of zone is this? It's a school zone.

And was there signage up? Yes, there was.

And what kind of signage?

12 A It was the fluorescent school zone sign that the

13 province uses for all school zones throughout the city.

14 Q Yeah, so were they posted in the direction that

15 the accused would have been coming from?

16 A Yes, it was -- when I was driving to the location, 17 would probably, directly behind me, it may be wi thin 200 18 yards to my rear.

19 Q All right. And how are you set up?

20 21

road.

A

When I first got there, I parked parallel to the I would get out and make sure there was no

22 obstructions. And after being satisfied in my own mind that 23 there was no obstructions, I r d get back into the vehicle. 24 At that time I would write the information that's found on 25 the photograph in the location which is Henderson Highway 26 and the speed is 60 kilometres an hour and then I would go 27 through all the necessary requirements. And then I would do 28 a self-test time, and my self-test time was at 1753, camera 29 test time at 1753, tuning fork test time is 1753, and I did 30 subsequent tests at 1823, 1853, 1923 and again at 1949, and 31 each and every time it r d indicate that the equipment was 32 working properly and I r d continue my deployment till 33 completion.

34 Q What type of equipment were you using?

OCTOBER 6, 2010

W.G. STORRY - DR-EX.

[ 4 ]

1 A It's a Gatso type 24, camera type (inaudible) and

2 they were both manufactured by Gatso or Gatso BD.

3

Q

And are you -- is this an approved device under

4 the image capturing enforcement regulations?

5 A Yes.

6 7 8

Q

And

are

you

a

qualified

operator

of that

equipment?

A Yes.

This 1S my fourth year as of October 2nd of

9 this year.

10 Q And what are the serial numbers on that equipment?

11 A The radar serial number was 2115 and (inaudible)

12 serial number was 1595.

13 Q And you mentioned that the speed limit was 60

14 kilometres per hour?

15 16

A Q

Yes, that is correct.

And just for clarification, what was the date and

17 time of this offence?

18 A As per the photograph, in the first photo, in the 19 top, top right-hand corner, the "RTf is for the receding 20 which is the way we' re monitoring the traffic at the time. 21 The speed that the vehicle went through the beam at this 22 time was 73 kilometres an hour. This took place at 1757 23 hours on the tenth year, the sixth month and the eighth day. 24 Down on the bottom, the location, eight seven is my 10. The 25 other ones are just subsequent numbers to identify each and 26 every infraction and the zero two zero at the end is the 27 frame number for my work for that day.

28 Q Okay. So you! re explaining what's in the upper

29 right-hand corner of the photograph; is that right?

30 A Yes, that is correct.

31 Q And you mentioned that the vehicle 1n question was

32 going 73 kilometres per hour?

33 A Yes, that is correct.

34 Q Okay. Arid you also mentioned that the time of the

OCTOBER 6, 2010

W.G. STORRY - DR-EX.

[5]

1 offence was 1757?

2 3

A Q

Yes, that is correct.

And so you did do the test times both before and

4 after the offence took place?

5 A Yes, that is correct.

6 Q And both test times indicated that the equipment

7 was in working order?

8 A Yes.

9

Q

All right.

So what can you tell us about this

10 offence specifically?

11 A When the car was approaching, I would suspect that 12 it would be exceeding the threshold speed set on the 13 equipment and at the time that this particular vehicle went 14 through the radar beam, the audio doppler would increase to 15 a little higher pitch frequency. At the time it indicated 16 that the speed was 73 and I wrote that speed down on my -- 17 and it would initiate the camera to take a photograph and 18 the photograph was taken and it was a car. As per my notes 19 on frame number 20, I had -- or it I S an SUV. In my notes I 20 had in lane 1, where speed was 73, and the vehicle was in 21 lane 1 which is indicated by the first thing and you can see 22 the two yellow lines for the other side of the road. It was 23 an SUV. There were no children in the area at the time and 24 it's a Manitoba licence plate ATL 108.

25 Q So how do you know, that I s the notes that you

26 took, corresponded with the photographs that were taken?

27 A On completion of a shift we take the equipment and 28 the film back. After the film was processed and it IS 29 password protected, I get my notes and I inspect the work or 30 the processed films. If I can read the, identify the plate, 31 and in this case I did and everything is correct according 32 to the photograph, then it would have electronically issued 33 a ticket to the registered owner of that vehicle.

34 Q All right. And what city did this take place in?

OCTOBER 6, 2010

W.G. STaRRY - CR-EX.

[ 6]

1 2 3 4 5 6 7

A The city of Winnipeg, province of Manitoba.

Q Are you confident that the vehicle in the

photograph was travelling at a speed of 73 kilometres an hour in a posted 60 kilometre per hour zone?

A Yes, I am confident.

MS. SILVER:

THE COURT:

Thank you. I have no more questions.

Do you have any questions for the

8 officer?

9

MR. MACKAY:

Can I offer a little bit of my

10 explanation here in terms of what I saw or should I just 11 directly ask him questions?

12 THE COURT: See, at this point it's just for 13 asking questions and as long as you ask questions about it 14 then you can talk about it later because I need to hear both 15 sides of it.

16

MR. MACKAY: Okay.

17 THE COURT: I'll hear from you later, so right now

18 ask the question, then I can hear what his response is.

19 MR. MACKAY: Okay, thank you.

20

21 CROSS-EXAMINATION BY MR .. MACKAY:

22 Q Sir, when you were performing the act of engaging 23 the radar, were you aware that the back door was open and 24 that there were people around your vehicle and there was 25 some type of activity going on at the time?

26 A The back door?

27 Q Yes. Were you aware there was acti vi ty? People

28 were congregating near your car and there was, the passenger 29 side rear door was open and there was people around the back 30 of your vehicle.

31 A Not to my knowledge, I don't recall that.

32 Q Okay. Well, that's fair enough.

33 34

A Q

I may occasionally open the, the windows -Also is --

OCTOBER 6, 2010

W.G. STORRY - CR-EX.

[7 ]

1 2 3 4 5

-- but I wouldnrt open the door.

rIm sorry, I didnrt mean to interrupt you. Okay.

A Q A Q

school

Also, in the

1S there

I don't recall there being a there a school right beside on

area. Is

6 Henderson? I don't think that's a school zone.

7 A Yeah, it is --

8 Q I think it's a crosswalk, but ...

9 A It is a posted school zone and we were instructed

10 there was, there was a new code issued this year and people 11 in the area complained. I think the school was up where the 12 bus turns on the other side, on the left-hand side of the 13 road.

14 15 16

17 18

Q Oh, thatls --
A But it is posted school zone.
Q Quite a, quite distance away.
I just wasn't sure which school we were
A Yeah. Okay, fair enough.

19 Q -- we were referring to.

20 THE COURT: What did you say about new code or

21 something? I wasn't sure I heard you.

22 THE WITNESS: Well, we -- Winnipeg, like the City 23 of Winnipeg Police had got complaints from the people living 24 1n the immediate area.

25 THE COURT: Okay.

26 27 28 29 30 31 32 33

THE WITNESS: We canlt do any place unless there's a location code. There was a location code established and there T s actually no parking signs there, but the police, because of the complaints from the citizens, went out. They established that it was a valid zone to deploy and instructed us to deploy in this particular school zone.

THE COURT: But where is the school?

THE WITNESS:

Itrs on the other side of the road

34 that's, in the back area, but there is a school in the area.

OCTOBER 6, 2010

W.G. STORRY - CR-EX.

[8 )

1 I'm not sure where it is, Your Honour.

2

THE COURT:

Did you say you don't know where the

3 school is?

4

No, it's not right on Henderson

THE WITNESS:

5 Highway, it's back in there.

6 THE COURT: It I S not, it's not where you were

7 posted? It's not on Henderson?

8 9 10 11 12 13 14 15 16 17 18

THE WITNESS:

Yes, I was posted where the school

zone signs were.

THE COURT:

Where the signs were but where's the

school?

THE WITNESS:

I'm, I'm not sure where it is,

Your Honour. All I know is the City of Winnipeg have signs posted on both ends, where the police went out there, inspected, and instructed us to deploy here.

THE COURT: Okay, please continue.

MR. MACKAY: Can I ask one more question?

THE COURT: Oh, please continue all of your

19 questions now, yeah.

20 MR. MACKAY: Oh, I'm sorry. Thank you, thank you.

21

22 23 24 25 26 27 28 29 30 31 32 33 34

BY MR. MACKAY:

Q Sir, were you also aware that after I had

proceeded through, that there were a number of flashes behind me that, this is from my rear v i ew mirror, that occurred, multiple flashes, and perhaps even without vehicles going through the intersection. It looks like it was just firing rapidly after I had proceeded through and I think even a person behind me. There was no one in front of me, but the person behind him was also flashed, and multiple flashes thereafter. Do you recall that?

A Well, between 1753 hours and 1823 hours, there was

one, two, three, four, five, six, seven vehicles that went through that were flashed that I know and the only time the

OCTOBER 6, 2010

W.G. STORRY - CR-EX.

[ 9]

1 2 3 4 5 6 7

flash initiates is if and when the vehicle going through the radar beam exceeds the threshold speed on it --

Q Yeah.

A -- that initiates the camera in that time and the

flash goes off and it only goes off once for each and every infraction.

Q

Do you remember it flashing wi thin five to seven

8 seconds right after me going through?

9 A If another vehicle went by -- like it, there was

10 no other vehicles in this photograph at the time.

11 12

Yeah~ right, right.

But if you go by, you still may be wi thin sight

Q A

13 where you can see it --

14 Q Yeah, but you don't recall --

15

but if another vehicle goes through 1n

A

16 (inaudible) .

17 18

You don't recall the multiple flashes after that? No, the flash doesn't continuously flash,

Q A

19 otherwise we'd, everybody would know we're there all the 20 time. It only flashes when, if and when a vehicle exceeds 21 the threshold. At that time it takes a flash or it 22 initiates the camera and the flash (inaudible).

23 Q Okay.

24 MR. MACKAY: I think I'm done, complete.

25 THE COURT: Okay. Any re-direct?

MS. SILVER: No, Your Worship.

THE COURT: All right. Thank you, officer.

26 27 28

29 30

31 MS. SILVER: Your Worship, at this time I'd like

32 to tender a number of exhibits. First the colour 33 photographs, together with schedule F.

34 THE CLERK: Exhibit 1 entered.

(WITNESS EXCUSED)

OCTOBER 6, 2010 PROCEEDINGS

[10]

1 2 3

EXHIBIT 1: COLOUR PHOTOGRAPHS

MS. SILVER:

Additionally the testing certificate

4 for the gun oscillator and internal electronic tune fork.

5 THE CLERK: Exhibit 2 entered.

6

7

EXHIBIT 2: TESTING CERTIFICATE

8

9 MS. SILVER: And finally the certificate of

10 registration from the registrar of motor vehicles.

11 THE CLERK: Exhibit 3 entered.

12

13

EXHIBIT

3:

CERTIFICATE

OF

14 15 16

17 Worship. 18

19

REGISTRATION

MS. SILVER:

And that is the Crown's case, Your

THE COURT:

Sir, would you like to give your own

evidence?

20 21 22 23 24

MR. MACKAY: Verbally, yes, please.

THE COURT:

What I'll need you to do is just come

in front of this microphdne and then you can either swear to tell the truth or affirm.

THE CLERK: Just stand for just a moment.

25 THE WITNESS: Sorry, I apologize.

26 THE CLERK: Can I please have you state your name

27 for the record, sir.

28 THE WITNESS: David MacKay.

29 THE CLERK: Do you wish to swear on the Bible or

30 be affirmed, sir?

31 32 33 34

THE WITNESS: Swear on the Bible is fine.

THE CLERK: Take it in your right hand, please.

OCTOBER 6, 2010

D. MACKAY - DR.EV.

[11 ]

1 2 3

4 5 6 7 8 9

10 DIRECT EVIDENCE BY MR. MACKAY:

DAVID MACKAY, sworn, testified as

follows:

THE CLERK: Thank you.
THE WITNESS: Thanks.
THE CLERK: You can have a seat.
THE COURT: Go ahead, Slr.
THE WITNESS: Thank you. 11

At the time -- first of all, I live in the area,

12 just in the East St. Paul and for about close to 10 years.

13 14 15 16

I travel that route every day, back to and from work.

I

honestly don't that's there.

I'm not aware of a

school in the

area

That is a crosswalk.

There are some,

some

homes in the area.

17 I've been very prudent with my driving for a 18 number of years. I don't, I don' t excessively speed and on 19 that particular day, as I was going home north on Henderson 20 Highway, I see those cars there all the time. It I S very 21 regular that they're there often. And as a result, I 22 wasn't, wasn 1 t going to be speeding because I knew he was 23 there, but what was very peculiar at that time was there was 24 a number of people congregated around the back, about two or 25 three people to my recollection, congregated on the side and 26 the back of the vehicle. It looked like they were entering

27

or exiting the vehicle, I couldn't quite tell.

It was very

28 peculiar. And as I proceeded past the intersection, not 29 speeding because I'm fully aware that this vehicle is, is 30 obviously a speeding vehicle, it flashed for me. I looked 31 at my speedometer. I was, to my recollection, doing about 32 62. And then behind me a number of flashes also went off. 33 And the doors, I also looked at the car, looked like the

34

doors were closing and, and reopening again.

There was

OCTOBER 6, 2010 D. MACKAY CR-EX.

[12]

1 definitely activity going on in the vehicle. And as I also 2 looked in my rearview mirror, a number of other flashes went 3 off. Defini tely the car behind me got flashed. I don' t 4 recall him speeding either. And another multiple flashes 5 after that occurred, so I immediately said to myself, well 6 this is a classic case or a case of this equipment being 7 either agitated or somehow compromised by whatever activity 8 was going on in the back of the vehicle and as a result, I, 9 I felt it was appropriate that when I received the notice in

10 the mail that I contest it.

11 12

THE COURT: Okay. Anything else?

THE WITNESS: No, other than the fact that I' ve

13 driven that strip of road for ten years and never had a 14 problem.

15 16 17 18 19

20 CROSS-EXAMINATION BY MS. SILVER:

21 Q All right. So you mentioned that you drive that

22 road very often; is that right?

THE COURT: Okay. The Crown may have some
questions for you.
THE WITNESS: Sure. Do you want me to go back?
MS. SILVER: No, right there is fine. 23 24

A Q

Yes.

And you see those cars parked on the side of the

25 road pretty often?

26 27 28 29

Yeah.

A

you said that you wouldn r t be

Q And so that's

speeding for that reason?

A Absolutely. But,

you know, obviously if you see

30 it, you're not going to be speeding.

31 32 33 34

Q No, but for your in your testimony you also
said that you think you were going 62; is that right?
A I estimate about 62. On my speedometer, it's a
bit of a fat speedometer -- OCTOBER 6, 2010 D. MACKAY CR-EX.

[13 ]

1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18

Yeah.

it's really hard to see exactly what you're

Q A

doing.
Q Okay.
the area is?
A Sixty,
Q So you
A Ma'am,
but if you want But do you know what the posted limit in

absolutely.

realized that going 62 is speeding?

I don't necessarily tell you that 62 is 60, to be technical, absolutely, 62 would be technically speeding, but I don't think I would have been given a ticket for doing 62.

Q And how did you know that it was a camera vehicle?

Oh, I see them there all the time.

I mean when

A

you go by you can look in the window and you can see the camera and they're there very often.

Q So you did see the camera on that day?

A Q

Oh, yes, absolutely.

Even though there were other people walking in and

19 out of the back seat?

20 A Oh, no, they were at the back of the vehicle. The

21 camera's at the front of the vehicle.

22 Q So you saw it after you passed the vehicle?

23 A Well, it flashed and I looked over, yeah,

24 absolutely.

25

MS.

Your Worship,

I have no more

SILVER:

26 questions.

27 28

THE COURT: All right. to say for your case, sir?

Anything else you wanted

29 THE WITNESS: I guess some 1i tt1e -- I'm not quite 30 sure why the vehicle is there if it's, if it's potentially

31

not evert a school zone or if the school is not nearby.

I

32 don't know if I can present evidence to that effect today 33 but it's, it's kind of a bi zarre area for that to be 34 occurring and it's actually after the crosswalk, not before

OCTOBER 6, 2010 SUBMISSION BY MS. SILVER

[14]

1 the crosswalk. So it was kind of -- and the reason I think 2 that the car was there is because it's a very convenient 3 spot for it to be parked at, but it's not actually at the 4 crosswalk.

5 6 7 8 9

10 11

THE COURT:

Okay.

All right, you can have a seat

back over there.

(WITNESS EXCUSED)

THE COURT:

I'll hear closing argument from the

Crown, please.

12 MS. SILVER: Your Worship, we've heard from

13 Officer Starry, who was employed on June 8th, 2010 at the, 14 at Henderson Highway, north of Bonner Avenue. This is a 15 school zone. He indicated that there was signage posted, 16 that it was posted so that the accused would have seen it 17 coming down that street. He indicated that the setup was 18 parallel to the roadway and the camera was unobstructed.

19 The posted speed limit In that area is 60 20 kilometres per hour. He explained in detail the type of 21 equipment that was used and indicated that he was a 22 qualified operator of that device, that all of the required 23 tests were done both before and after the incident to the 24 satisfaction of, of Officer Starry. And he indicated that 25 he, he saw the accused's vehicle approaching at what 26 appeared to be a speed faster than the posted speed limit. 27 The audio doppler confirms that it was travelling at a high 28 rate of speed and the camera took a photograph of the 29 vehicle and it was indicated that the vehicle was travelling 30 73 kilometres per hour. The officer did have notes. He 31 explained how he knew the notes and the photographs 32 corresponded with each other and you have seen the 33 photographs yourself, Your Worship, that the camera captured 34 the vehicle travelling at a speed of 73 kilometres per hour.

OCTOBER 6, 2010 SUBMISSION BY MS. SILVER REASONS FOR JUDGMENT

[15]

1 Now we've heard from Mr. MacKay who indicates that 2 he lives in the area. He's not aware of a school being 3 the.re, however we have heard that this was a school zone. 4 These officers are only permitted to be located where there 5 is either a school zone, a playground zone or a construction 6 zone. And we indicated, and he indicated that there was 7 signage of the school zone being present there.

8 Now we also heard that there were people entering 9 and exiting the vehicle. The officer couldn't really

10 testify one way or another, however, it's really irrelevant 11 to the offence itself. We heard that there were other 12 photographs being taken, also irrelevant to the commission 13 of the offence itself. And the accused admitted that he was 14 travelling 62 kilometres per hour which, which he also 15 admitted was speeding, although he said in his testimony 16 that he would not be speeding or that he wasn't going to be 17 speeding because he knew that the officer would be stationed 18 there and then he later did admit that he was speeding on 19 that day and it is technical that 62 was over 60, but the 20 law is that you cannot travel over the posted limit and 62 21 kilometres per hour is over the posted speed limit.

22 So as such, I would submit that the Crown has made 23 out all of the elements of the offence and the accused was 24 travelling at a speed of 73 kilometres per hour as indicated 25 by the equipment which was properly tested both before and 26 after.

27 THE COURT: Well, I'll start with, the first 28 comment I would like to make would be in regards to if a 29 person's going 62 In a 60 zone. Two kilometres over the 30 limit, given the margin for error in the manufacturer's 31 vehicle's speedometer is quite possible which would be why 32 police would normally employ their discretion and not 33 charging someone for going two kilometres an hour over the 34 speed limit. So whether someone was going 62 or 60, that's

OCTOBER 6, 2010 REASONS FOR JUDGMENT

[16 ]

1 close enough where it would be frivolous to lay a charge at 2 that point.

3

The main thing I'm going to deal with is whether

4 or not the photo radar system should have been employed at 5 this location, given the fact that the defendant is arguing 6 it is not, there's no school in the area. Now I accept -- 7 and I believe the officer when he says it's got the school 8 signs posted, but to me it's a question of whether or not 9 it's properly posted and having ironically j list read this

10 portion of the Highway Traffic Act just a few moments ago 11 during the last recess, I was looking at the definition of a 12 school zone and I found that according to the Highway 13 Traffic Act, the school does have to be adj acent to the 14 signage and when I asked the officer where's the school, he 15 did not know and you, yourself have given evidence that 16 there is no school in that area. So I would believe the 17 officer when he says, you know, there's school zones there, 18 or signs there, but I find it's not properly a school zone 19 based on the fact that the school is not adjacent to the 20 signage. You can't simply put a school zone sign up there 21 if the school's not adjacent to the sign.

22 So that would be my finding according to the 23 Highway Traffic Act. Now having said that, then the officer 24 wasn't properly deployed in the area f so I do have to 25 dismiss the charge, sir. You're free to go.

26 MR. MACKAY: Thank you.

27

28 (PROCEEDINGS CONCLUDED)

OCTOBER 6, 2010

[17]

CERTIFICATE OF TRANSCRIPT

I hereby certify the foregoing pages of printed matter, numbered 1 to 16, are a true and accurate transcript of the proceedings, transcribed by me to the best of my skill and ability_

- ~IL DAYTON

COURT TRANSCRIBER

House of Commons Ottawa

Room 530, Confederation Building Ottawa, Ontario K1A OA6

Tel: (613) 995-0579

Fax: (613) 996-7571

Chambre des communes Ottawa Piece 530, Edifice de la Confed~ration Ottawa (Ontario) K1A OA6 ra, (613) 995-0579 Telec. (613) 996-7571

Constituency Saint Boniface

4-213 St. Mary's Road Winnipeg, Manitoba R2H 1 J2 Tel: (204) 983-3183

Fax: (204) 983-4274

Shelly Glover

Circonscription Saint -Boniface 4-213 chemin st. Mary's Winnipeg (Manitoba) R2H 1 J2 TeL: (204) 983-3183 Telec.: (204) 983-4274

Member of Parliament for saint Boniface Deputee oe saint-Boniface

October 4th, 2010

Mayor Sam Katz City Hall

Council Building 510 Main Street Winnipeg, Manitoba R3B 1B9

Dear Mayor Katz;

I have spoken with Winnipeg resident Todd Dube and would like to pass on his concern about the inadequate amberlight.times in Winnipeg's intersections.

Intersections in Winnipeg have varying differences in both length and approach speeds, which Mr. Dube considers inadequate. His suggestion is a change in the formula for amber lights to one which was used in the State of Georgia which resulted in a decrease in intersection traffic accidents. In light of these findings, I believe it would be prudent to examine this formula in an effort to potentially enhance safety at Winnipeg intersections.

I was also surprised to see the recent MPI stats on intersection collisions and might suggest that a link to the MP! traffic stats be included in the Winnipeg Police Service annual report for anyone who wants full details on traffic statistics.

Kindest regards,

Shelly Glover

Member of Parliament/deputee Saint-Boniface

Parliamentary Secretary for Indian and Northern Affairs Canada Secretaire parlementaire pour les Affaires indiennes et du Nord Canada

Cc. Todd Dube

Cc. Chief of Police Keith McCaskill

Cc. Chuck Strahl, Minister of Transportation

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