Monday, May 25, 2009

Chomiak misled House: admits Katz not blocking Radargate refunds, blames Steeves instead

For the second straight day in Question Period, information about the photo radar scandal uncovered by the Great Canadian Talk Show was prominent in Opposition grilling of the government.

And, it has caused Justice Minister Dave Chomiak to eat crow and resort to fallback strategies to stonewall opposition demands that illegal speeding ticket revenue be returned to victims.

Last Thursday, Chomiak was confronted about the denial that a conversation witn Mayor Katz even took place, let alone that Katz refused to repay the city share of fines because the money would come directly out of the police budget.


Today, Chomiak admitted he "misspoke", and in effect misled the House, and instead, hid behind an alleged May 7 letter from Protection Chair Gord Steeves - but again stumbled and started to claim the Mayor sent the letter before correcting himself.

Photo Radar Tickets
Support for Proposed Motion

Mr. Kelvin Goertzen (Steinbach): Mr. Speaker, I think those GDP projections must have included photo radar revenue.

Early last week the Minister of Justice (Mr. Chomiak) indicated that he had talked to the mayor of Winnipeg and the mayor had not given him permission to refund the money from tickets collected that the courts said should never have been issued. A day later we learned that the mayor, in fact, not only had never said such a thing, he said he never would say such a thing because the City holds no such power over the Province.

Will the Minister of Justice simply admit today, that he was not being a friend of the truth when he laid blame for photo radar at the feet of the mayor, Mr. Speaker?

Hon. Dave Chomiak (Minister of Justice and Attorney General): Mr. Speaker, I indicated last week when I was talking about the conditions in the House that I had, in fact, stated some facts that were–actually, when I looked at the Hansard it was true that it was Councillor Steeves who had made that statement and corrected that.

Now having said that, Mr. Speaker, I want to make it very clear we delegate the authority to photo radar to the City of Winnipeg. They use it in three different circumstances in which they determine and the police determine. We do not have determination over that. Because of the difficulties that occurred, the Crown felt that the evidence provided would not support a conviction. They felt, ethically, they wouldn't go forward in the convictions of going forward, Mr. Speaker, and in terms of law, the cases that had already been dealt with in terms of law, had already been dealt with.

Mr. Speaker: Order.

Mr. Goertzen: Mr. Speaker, in fact, the minister is correct. On Thursday, he did throw the court into Councillor Steeve's bailiwick saying that, that the councillor had said that any money refunded would have to come out of the policing budget.

But on Thursday afternoon, that very same city councillor was interviewed by a local radio station, and when asked whether any refunded money would have to come from the policing budget, he responded by saying, I don't know, I would have to take a look at it.

Mr. Speaker, instead of trying to pass the buck and confuse the record, why doesn't the minister just commit to refunding the money that the courts said should never been levied through these tickets?

Mr. Chomiak: Yes, Mr. Speaker, I was quoting from a letter that Mayor–that Councillor Steeves had sent to, sent to us, wherein he specifically said that and so–

An Honourable Member: In writing.

Mr. Chomiak: –in writing. So they can speak for themselves.

I again want to reiterate, the Province and this Legislature and all members, except for the Member for River Heights (Mr. Gerrard) voted for this, and the Member for Lac du Bonnet (Mr. Hawranik) wanted us to expand it.
Photo radar only applies in the city of Winnipeg as designated by the police. Signage is taken care of by the City of Winnipeg, Mr. Speaker.


We've clarified the regulations with respect to signage to try to clear it up, and if we have to do more in order to do that, we will, and I clarified what the legal situation is, and I did indicate on Thursday that I had misspoke. It was the Councillor Steeves that had said – had said that specifically to us in the letter mailed to us on May 7.
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The letter from Steeves has now moved to the centre of the NDP's denying a refund to those caught by blatant speed traps is possible. Yet this document has never been tabled in the Legislature. And given how wrong Chomiak was last week about who said what to him, it seemed obvious there is only one way to get to the bottom of this.

We asked Steeves for the letter.

His response was quick -- and defensive:

Hi Marty,

I generally do not give out correspondence sent directly to someone without that person’s permission. Also, in this case, given it was intergovernmental correspondence I had better defer to the Mayor’s office for comment.

Thanks.

Gord Steeves
City Councillor - St. Vital Ward
Winnipeg, MB Canada
Chairperson - Standing Policy Committee on Protection and Community Services
Secretary of Intergovernmental Affairs
Acting Deputy Mayor

Immediate Past President - Federation of Canadian Municipalities

Seeing this reply, we went straight to the top:

Dear Mayor Katz,

I have watched the province blame you and now Coun. Steeves for their refusal to consider the matter of refunding what are indisputably, speed trap tickets handed out in the finest Cobb County tradition of a "cash grab".

Immediately last Thursday, upon the opposition quoting you (from my blog) about Mr. Chomiak's version of your position on this matter, the NDP government resorted to using what they claim, is the contents of Steeves letter to them, as justification for their intractable position.

It is unacceptable for the City to withhold EXACTLY what was written to Chomiak, and allow the public to judge if those comments are being properly portrayed in the Legislature.

I am therefore making a formal request to you, to release to me a copy of that letter sent by Councillor Steeves to the Province, for use on my program.

Mayor Katz is due to appear on our show next Monday at 4PM.