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City appeals handicapped parking ruling Juctice of the Peace squashes ticket after motorist argues bylaw wording imprecise
Daniel Campbell
Northern News Services
Published Friday, July 5, 2013
SOMBA K'E/YELLOWKNIFE
The Clash lead singer Joe Strummer famously quipped, "I fought the law and the law won," in the heyday of punk rock, 1979.
But the law doesn't always win. And it seems, at least in Yellowknife, when it doesn't win it fights back.
Donald Weston successfully fought off a $250 fine for parking in a handicap zone in traffic court last September. Justice of the Peace Eric Kieken said the bylaw Weston violated, dealing with handicap parking, is incorrectly worded and therefore unenforceable.
The city testified Weston didn't have a handicap placard in his vehicle while parked in a handicap stall. Weston read through the bylaw and noticed it specified the placard must be issued and registered with the Yellowknife office of the Northwest Territories Council for Disabled Persons.
"There is no such entity," Weston said during his September court appearance. "This organization ... is now called the Council of Persons with Disabilities."
Kieken ruled since no one could obtain a placard - whether or not they qualified as a disabled person - from the non-existent NWT Council for Disabled Persons, as written in the bylaw, Weston shouldn't have to pay the fine.
"I think you made a, very valid point with the wording of the bylaw and that's why you're leaving here without a fine today," Kieken ruled, noting Weston was one of the best prepared defendants he had seen in some time.
But Weston wasn't done with his ticket woes yet. In October, the City of Yellowknife filed a notice of appeal, alleging Kieken "failed to provide a fair and reasonable opportunity to the City of Yellowknife to present its case," and "dismissed the trial as there were no reasonable grounds to do so."
Kerry Penney, manager of legal services for the city, said it's not very often the city chooses to appeal court decisions based on traffic infractions.
"If the officers involved think it's warranted, the city will appeal," Penney said.
When asked whether she thought the city should be appealing traffic court decisions with only $250 on the line, Penney said the appeals are done at no extra cost to the city, since lawyers are already on staff for just such a thing.
Bylaw unchanged
The city bylaw for parking still cites the Yellowknife office of the Northwest Territories Council for Disabled Persons as the authority for issuing handicap placards, even though the organization now calls itself the "NWT Disabilities Council."
Jenn Winsor, with the NWT Disabilities Council, said the placards are issued by the council, but the authorization comes from the territorial government. She said the placards don't even mention the council.
"Anything that has to do with us we consult with bylaw and they consult with us," she said,
"Now, what is more practical? To go and issue a notice of violation to every single handicap driver - two hundred and fifty bucks - or to change the legislation?" Weston asked during his trial.
Weston, who could not be reached for comment, was set to appear in court for the city's appeal on June 25, but the city's appeal has since been postponed until further notice.
This isn't the first time a government body has appealed an unfavourable ruling in traffic court. The territorial government is currently appealing a dismissal of a $29 parking ticket handed to Alex Debogorski of Ice Road Truckers fame. He was ticketed at the Yellowknife Airport while helping his wife take her bags inside.
On Oct. 25, 2012, Alex Debogorski was handed a notice of appeal on Oct. 25, 2012.
Roger Shepard, a lawyer representing the GNWT's appeal, said the government is the Justice of the Peace ruling because it feels it was made in error and it could affect future cases.
"We feel it's in the public interest to appeal this matter," Shepard said.
The government employs lawyers in-house, so appealing traffic cases doesn't cost the taxpayer any extra, Shepard explained. He said fines as low as $29 can be subject to appeal.
"While there may be a small fine it's a matter of policy and public interest."
The appeal of Debogorski's acquittal hasn't been scheduled yet, but will likely occur in early fall, said Shepard.
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