🚀 go-pugleaf

With the permission of it's Publisher, below you will
find excreters from
the latest issue of The Twigg's News Service, one of
BC's best private
and independent political news letters.

I think you will find interesting Mr. Twigg's review
of the latest shots in
the legal battle which is now going to the Appeals
Court of British
Columbia. In it you will see that if you have an
outstanding contestable
photo radar ticket blocking a renewal of your ICBC
insurance,
you can simply tell them that you're challenging the
ticket on
constitutional grounds and they'll give you a limited
waiver.  This was
personally confirmed with Bob Williams, now Chair of
ICBC.



Twigg's News Service  �  Volume 3, Number 22    Dec.
22, 1998

Inside this issue
   Publisher's Message    Background on this issue
   Photo radar fight continues - Analysis by John Twigg
                                           - Statement
by Doug Stead
   "I told you so" Some selected predictions
   Gordon Wilson column A disquiet at Christmas
   Casey's Comment On the abortion issue

Publisher's message
There's some Christmas cheer in this issue, notably
Doug Stead's fight
against photo radar, but there's some seasonal gloom
too, notably Gordon
Wilson's sad-sounding analysis of the human condition
and the depravity of
B.C. politics.  Indeed this season is much like life
itself and like
politics too it's always a challenge to take the good
with the bad and try
to make the most of the future.

I'm personally grateful for all of the subscription
renewals that have come
in recently, especially from individuals and small
groups, though the major
groups and large corporations have been a bit slower
to respond. But still
it looks like lots of people want me to be around and
doing my thing again
next year even if sometimes I'm a bit hard to take.
Though Christmas has become largely a commercialized
farce, let's remember
that the real issue is how we relate to God and Jesus,
not temporal
politics.

Merry Christmas to everyone!  /jt


-----------


PHOTO RADAR FOE VOWS TO FIGHT ON

NEWS ANALYSIS By JOHN TWIGG

In  what amounts to a huge cash Christmas present for
thousands of British
Columbians with photo radar tickets outstanding, and a
lump of coal to the
provincial treasury, photo radar foe Doug Stead
recently told Twigg's News
Service that he has decided he WILL be appealing the
government's
successful appeal of the photo radar ticket that he
"beat" earlier this
year in Provincial Court.

It means that if you have an outstanding contestable
photo radar ticket
blocking a renewal of your ICBC insurance, you can
simply tell them that
you're challenging the ticket on constitutional
grounds and they'll give
you a limited waiver. I know because I did that
myself, and then confirmed
that policy personally with Bob Williams, now chair of
ICBC, when I bumped
into him on the street near the legislature.

And what's the gist of Stead's  constitutional
challenge? Approximately
this the way the photo radar system works it presumes
you are guilty until
proven innocent, and that's a fundamental violation of
British human
rights.

More details about that can be found in Stead's
statement which is
reproduced here, but the gist of what's going on here
is quite simply this
the NDP government is desperate to raise revenue and
for various reasons
the relatively easy cash cow of photo radar is proving
so irresistable that
they're willing to trample upon the citizenry's civil
rights in order to
get it.

My own case is a good example of that I was making a
safe and legal pass
on a two-lane divided highway at a speed only modestly
above the posted
limit for the location (south of Duncan); the speed
was badly signed, and
the location of the speed trap was around a corner in
violation of their
promised guidelines; and my opportunity to dispute the
ticket was denied
because in order to fight it I would have had to take
too much time off of
work to travel to the community where the offence
occurred to fight a

relatively small ticket ($100), and while a prosecutor
told me I could have
the case transferred to Victoria she also said I would
first have to plead
guilty and then be able only to ask for a reduced fine.


So, are there any lawyers out there who want to take
on a good cause pro
bono? If so, call me.

But don't for a moment think that this is just a lark,
because there is
already about $200 million of government revenues at
stake and the NDP
government is very serious about keeping that large
sum.

For example, was it just a coincidence that in the
midst of fighting the
government on photo radar Mr. Stead suddenly received
a surprise visit from
a tax auditor for the provincial government? The good
news is that Mr.
Stead keeps pristine books, and after several days of
work the only thing
the nice polite bean-counter found was that Stead had
overpaid his taxes by
a few dollars.

But would Glen Clark and his pals stoop to sending
auditors after their
political enemies? Surely not, because that would be a
blatant abuse of
office, but alas maybe yes they would because they are
already a very
partisan clique.


STEAD's STATEMENT

By DOUG STEAD

The NDP Government has not heard the last of me and my
fight to declare
BC's Photo Radar laws unconstitutional.

Notice has been filed in the Court of Appeal of
British Columbia seeking a
declaration that sections 83.1 and 83.2 of the Motor
Vehicle Act violate an
individual's right to the presumption of innocence,
basic tenets of
fundamental justice and procedural fairness.

The good news is that even though I lost the battle in
BC Supreme Court, I
have not lost the war nor my will to fight! After
consultations with my
lawyer, Barbara Brown, we have launched an appeal on
the grounds that the
Honourable Justice Brenner erred in holding that the
ability to drive is
not protected within section 7 of the Canadian Charter
of Rights and
Freedoms and further that the Photo Radar laws of BC
do violate section
11(d) in that they remove the accused's right to a
full defence while
shifting the burden onto the accused to prove his
innocence.

I feel I just can't walk away from what I started. If
I do, this BC Supreme
Court ruling would stand as a precedent for this
government and those that
follow to use these new powers they have created,
combined with BC Supreme
Court approved policies and administrative expediency,
to screw the
individual out of hard won rights, to say nothing of
their money.

Should I lose at the highest Court in this Province, I
will push this issue
all the way to the Supreme Court of Canada in Ottawa.

It is long past time in this country for individuals
stand up and let those
we elect know they can no longer get away with the "we
can do whatever the
hell we want because you elected us" attitude.

At all government levels the "we know best because we
have a majority" does
not somehow translate into "we can do any thing we
damned well want.

As Canadian people, especially here in BC, we have had
great difficulty
attracting quality people to elected office. If we
were to face facts,
government or opposition, BC politicians have the well-
earned social
stature rivaling that of a convicted low-life charity
thief.

Without Canadian Charter of Rights, BNA ACT and the
Magna Carta acting as
the foundation of our Canadian culture, combined with
our Courts and the
5th Estate, the individual would have little if any
voice to effect change
when the creeping corruption of absolute power, greed
and political
expediencies becomes the all-encompassing purpose of
being government.


It is left to vigilant individuals, willing to fight
win or lose, to
balance the absolute power we hand the leader of the
winning party. This is
the duty and the price we should all be willing pay to
protect rights of
the individual from being taken away one chip at a
time.

To date almost $3,800 has been donated by individuals
to help defray the
legal costs. Those interested in helping may send
cheques to Barbara Brown,
Photo Radar Trust, Suite 1311, Box 12155, 808 Nelson
St., Vancouver BC V6Z
2H2.

Mr. Stead is an independent businessman based in
Coquitlam. He is not a
lawyer. He can be reached at (604) 527-1100.

-------------------


"I TOLD YOU SO"

By JOHN TWIGG

The following are some excerpts from the BC Politics
Weekly of Nov. 9 that
I've been saving to use as a filler and as proof that
Twigg's News Service
does provide insightful information.

Excerpt 1
"It'll probably be another week without a full cabinet
meeting, and that
suggests the calling of the byelection in Parksville-
Qualicum will be
delayed for at least another week or two too  which of
course still leaves
a bit of time for the BC Reform Party to nominate a
candidate and thereby
probably change the contest substantially."
RESULT It was called one week later and Reform did
nominate and to some
degree the contest did change.

Excerpt 2
"There will be lots of other political commotion this
week too, especially
the key U.S. mid-term elections on Tuesday, which will
be on a full moon
too! That means there could be some wild swings. I for
one see it as a
crucial referendum on ethics, and it'll be fascinating
to see how many
others do too."
RESULT There WAS a surprise result (more Democrats
than expected), and it
was a vote on ethics!

Excerpt 3
"Liberal leader Gordon Campbell has a fund-raising
dinner lined up
Wednesday in Victoria, which could be an interesting
test of the several
policy splits that are widening in his caucus, such as
on the Nisga'a deal,
on homosexuality and on abortion."
RESULT Campbell stuck to the economy and his avoidance
of the Nisga'a
issue was widely noticed. But there was no apparent
split over social
issues, which was an important signal too.

Excerpt 4
"As for people to watch, the focus again will be on
still freshly
re-anointed Minister for Public Service Moe Sihota,
who last week was
"studying the universe" from an office niche borrowed
from Finance Minister
Joy MacPhail but who this week should be getting his
own space and his own
staff."
RESULT He didn't move that week but he DID get a phone
number (356-9819)
and a fax (356-9830).

Excerpt 5
"Sihota was quick off the mark with his move last
Sunday to rescue the
proposed cancer clinic for Victoria but it was not
clear how much success
he was having at rejuvenating his own cabinet
colleagues.
"Will Moe become the fireman of last resort to snuff
out public sector
labour disputes? Will he become the new point man
against red tape? Will he
take over the cabinet and run things while Clark is
away manufacturing news
and Deputy Premier Dan Miller is preoccupied with
establishing a new
bureaucracy in the North? Probably all of the above,
and more!
RESULT Well sort of, but Sihota's rise has not been as
meteoric as some
observers predicted. While he has emerged as a prime
spokesman, his cabinet
colleagues have been a bit reluctant to let him take
over.

Excerpt 6
"But of course the real major political event on the
horizon is the
officially non-partisan and non-political B.C.
Business Summit on Nov. 8
and 9 in Vancouver, which is so important that key
parts of it are being
posted live on interactive websites�.
"That event should prove beyond a doubt that B.C. is
suffering from a
made-in-B.C. depression caused largely by the
incumbent Clarkocrats, and
that in turn should fuel populist protest rallies Nov.
19 in Terrace and
Nov. 26 in Cloverdale�."
RESULT Bingo!

------------------


WILSON's WEEKLY

By GORDON WILSON, MLA

Leader, Progressive Democratic Alliance

Generally, Christmas time brings a feeling of peace
and hope for the
future, but this year there is disquiet felt deep
within my soul. It is
hard to put a finger on the exact cause, but its
presence is unmistakable.

I took on the task of public service because I believe
that I have the
capacity to help make improvements within our society.

When I first started upon this venture, I believed
that the vast majority
wanted a society in which the poor, displaced and
infirm gained our
protection and support; that they wanted a society
that was generous in
spirit; that they wanted a society in which the
majority held respect for
the minorities, and acknowledged that while equality
was our goal, being
equal does not mean that we must all be the same.

Regrettably, it seems that intolerance, greed and
miserliness are the
qualities most rewarded. It appears that we are living
in a society in
which people no longer know in whom they can place
their trust, so they
trust no one, including, at times, themselves.

There is a decreasing expression of faith in those who
strive to lead, and
thus we are creating a society in which few hold much
hope for our future.

Reasonable people will respond to the above statement
that the cause of
public cynicism is that the public has been too
frequently misled by
politicians. Surely that is too simple a reply, and
one that absolves the
general public from any responsibility for our current
social malaise.

A more correct response is that politicians tell the
people what they want
to hear, and often pander to the voices of an angry,
vocal minority who
preach intolerance. They do this to win votes and get
themselves elected.

This minority threatens to use their vote as they
would a weapon to
terminate one politician or party. They create a
climate of political fear
so that we no longer see an election as an opportunity
to build a better
future, but rather as payback time.

Rarely will those who practice the politics of fear
bring forward a
reasoned alternative. There is never a legislative
alternative spelled out,
no plan for a new economic approach, or solutions for
the rising levels of
working poor, the displaced or the homeless. Their
campaign is filled with
the rhetoric of the intolerant that will demand the
public adopt their
singular vision, a vision that is narrow and self-
serving. And it works!

Why should we be surprised that the darker side of
humanity is increasingly
being manifested in the public arena? We pander to
those forces, and in so
doing miss the opportunity to work together toward a
common goal defined
within a common vision.


There is disquiet deep within my soul because, at this
time of year when
we should be looking toward a renewed sense of hope
and goodwill toward
each other, I see instead the rising tide of
intolerance and collective
ignorance. This will have as its ultimate consequence
a society that
embraces both, and snuffs out those more enlightened
voices that seek to
find true equality among people and a future in which
we can all prosper
rather than limiting prosperity to only those in
charge.

It doesn't have to be this way, of that I am sure. I
am equally sure that
better qualities are to be found within the hearts of
most us. This is
evident by the generosity shown for the less fortunate
by so many within
our communities this Christmas.

Wouldn't it be nice if collectively we agreed that the
year 1999 would be a
year in which we define our priorities for the next
millennium? That those
priorities will place as our first concern the human
condition upon planet
Earth. Through such an approach we will surely turn
our backs on those who
seek to sow seeds of fear, anger and intolerance and
embrace those who will
work in a constructive manner to bring peace,
tolerance and a healthy
environment.

Merry Christmas, everyone, and the best wishes for
1999!

-----------------


CASEY's COMMENT

By CASEY TIMMERMANS

The abortion issue came up again in the Parksville-
Qualicum byelection and
I was especially irritated by how it was deliberately
used to misrepresent
the candidates' positions.

At one all-candidates meeting, certain partisan
interest groups put a
question on abortion in a way that candidates were
forced to say only yes
or no to it and thus were unable to fully present
their position.

Like bait in a trap, if you touch the bait there is a
foregone conclusion.


Liberal candidate Judith Reid nonetheless expressed a
personal opposition
to abortion and after her election win the New
Democrats just couldn't
resist trying to use that against her and against her
party - maligning her
because of her personal choice on the issue.

But we the electorate have to be careful not to
confuse the individual's
personal moral choice with that person's action as
part of a political
party or of the governing body. Though no opportunity
was given for the
candidates to fully explain their positions, the NDP
still made the
assumption that a person's personal choice would be
imposed if they ever
were given a role in the government when today it is
widely seen as a
decision for the mother-to-be and her doctor.

I could never prevent someone from taking that action
but I could try to
dissuade them just as I'd try to dissuade someone from
suicide, but in the
end it's their own decision.

But from the perspective of a taxpayer who supports
socialized health care,
I believe that if health is not the question then the
person desiring that
abortion should pay for it.






Requests for removal of addresses will be complied
with promptly.

John Twigg
Publisher and Editor
Eagletree Publications
102-430 Michigan Street
Victoria, B.C.   V8V 1R5            Autophone/fax
(250) 385-2042
twiggnews@pacificcoast.net
http//pacificcoast.net/~twiggnews


TWIGG'S NEWS SERVICE

Price List and Order Form through December 1999

Now includes everything below in one package

B.C. Politics Bulletin
Published promptly whenever there is a major change in
B.C. politics

B.C. Politics Weekly Provides a review and lookahead
report on key events
in B.C. politics

B.C. Politics Trendwatch A monthly overview of key
trends in B.C. politics
and public affairs

Twigg's News Service An eclectic mix of information
from John Twigg and
other writers The Twigg Report Provides special
insights into Provincial,
national and global trends

Special new full-year rates by e-mail by fax

Individual subscription through Dec. 1999  $100 e-
mail, $200 fax
personal use only with no systematic redistribution)

Small Office subscription through Dec. 1999 $200/$300
(eg MLA's office, small lobby group, small businesses)

Mid-sized Group subscription thru Dec. 1999 $300/$400
(eg Minister's office, chambers of commerce, media
outlets)

Large Group subscription through Dec. 1999 $700/$800
(eg major corporations, professional societies,
libraries)



Items Ordered                           Cost

____________________________________________

____________________________________________

Subtotal
_________

Please add 7% GST (R124298266)     _________

Deduct GST if cheque is enclosed    ________

or Please invoice us and add $10    ________

                          Total   __________


Your name_______________________________

Title_____________________________________


      _____________________________________

Affil.
____________________________________

    ______________________________________

Address__________________________________

   _______________________________________

City _____________________  Prov. __________

Postal Code _______________________________

Phone ____________________________________

Fax ______________________________________

Email ____________________________________

To mail us your cheque, please send it to

John Twigg  102 - 430 Michigan St.
Victoria, B.C.  V8V 1R5





*** Posted from RemarQ - http://www.remarq.com - Discussions Start Here (tm) ***