SOMBA K'E/YELLOWKNIFE
A territorial court judge ruled last week that the city does not have the power to enact bylaws jailing drivers for failing to plug coins into parking meters.

Lawyer Jay Bran leans on a parking meter outside the Yellowknife courthouse last week after successfully challenging a provision in the city's traffic bylaw that allows jail time as punishment for parking tickets - John McFadden/NNSL photo

Judge Robert Gorin struck down a portion of the city's traffic bylaw Thursday following a legal challenge of the punishment provisions by Yellowknife lawyer Jay Bran.

The punishment portion of the 16-year-old bylaw, which allows judges to jail parking meter delinquents for up to six months, must now be re-written following Gorin's decision. He ruled that the territory's Cities, Towns and Villages Act allows for the city to impose fines for a parking violations but not imprisonment.

The ruling came about after Bran challenged the constitutionality of the bylaw upon received a parking ticket downtown almost as year ago when the time on his meter ran out. Bran said he was guilty and was intent on paying the fine until he read the bylaw and realized he could conceivably go to jail for six months. Bran said he was appalled such a minor infraction called for such a heavy penalty.

The bylaw states that the maximum penalty for a parking infraction is a $2,000 fine, six months in jail or both.

"I'm just glad that he ruled in my favour," said Bran.

"It's good that he made it clear that imprisonment should not be imposed. He did rule that jail could be imposed if the fine was in default (payment was not made) but not under the bylaw itself."

Kerry Penney, the legal counsel for the city, said a decision on whether to appeal the ruling has not yet been made. But it is a bit of a moot point, she pointed out.

"From the city's perspective we've never requested imprisonment as punishment for a parking ticket so in the end it doesn't really have a negative effect on the city," she said. "I don't believe any justice of the peace would offer imprisonment for up to six months over a $25 parking ticket."

If the city doesn't appeal the judge's ruling then the bylaw would likely have to be rewritten, Penney said

Gorin did convict Bran of parking illegally for letting the time run out on his meter. He imposed a $25 fine which Bran said he could pay within 48 hours. Bran had already pleaded guilty to the parking infraction.

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