Jail for parking meter penalty 'absurd': lawyer
Man takes on city bylaw that potentially allows people to be put behind bars for not depositing coins
John McFadden
Northern News Services
Published Wednesday, January 28, 2015
SOMBA K'E/YELLOWKNIFE
A lawyer is challenging the constitutionality of the city's parking bylaw, which could potentially jail people for failing to pay for parking at a meter.
Lawyer Jay Bran is challenging an "absurd" provision in the city's parking bylaw that calls for a maximum six-month jail term for failing to put coin in a parking meter. |
Jay Bran said it is "absurd" a person could conceivably be sentenced to six months in jail for failing to plug a nickle into the coin-operated device. He received a parking ticket downtown on April 22 of last year after the time ran out on his meter.
The ticket was valid and he wanted to take responsibility for it, he said. But when he read the parking bylaw he was appalled such a minor crime carried a potentially heavy penalty. According the bylaw, the maximum penalty is a $2,000 fine and/or six months in jail.
So at traffic court he pleaded guilty to allowing the parking meter to expire but told the justice of the peace that he plans to challenge the punishment section of the bylaw in territorial court.
"If you don't pay your parking meter and you are ticketed and you fight the ticket and go to trial and lose, the court has, as its punishment, under the bylaw, a maximum fine (of) $2,000 or six months in jail, or both," Bran said.
"It's probably not going to happen, but the case law is very clear - once the court has the ability to send you to jail for a parking meter infraction then the court has said, 'that's an infringement of your Charter rights.'"
Bran said the city has until Feb. 13 to respond with written submissions to his application. He said he has not paid his fine because he hasn't been sentenced.
Some may view this as a minor issue but Bran said a person going to jail for not putting a nickel in the meter is a very serious consequence so people should be aware of the law.
"I wouldn't be taking the steps I am taking unless I thought it was an important issue," said Bran.
"I just don't think it's just. I don't think it's an appropriate piece of legislation. What I'm asking the court to do is strike down that portion of the legislation, the punishment section as it applies to parking meters."
He said the possible jail time amounts to "cruel and unusual punishment" and in his application, has cited several court cases backing up that position.
If the punishment portion of the bylaw law is struck down, city will have the option to rewrite it and stick with the maximum $2,000 fine.
"I'm not asking them to strike the entire punishment portion, only that portion that allows jail to be imposed," said Bran.
A court date has been set for Feb 18.
Nalini Naidoo, the city's director of communications and economic development, stated in an e-mail the city is unable to comment at this time as the issue is before the courts.
