News - Stories and Rants
Wednesday, 28 September 2016
Tuesday, 27 September 2016
It was one year ago Fredericton Police Force came to my door!!!
....and the results -
============================================================================================================================================================================================================================================ Don Macpherson from Irving media -
City drops Fredericton blogger’s bylaw charge One of controversial Fredericton blogger Charles LeBlanc’s court battles is at an end, with the city’s withdrawal Wednesday of a bylaw infraction against him.
LeBlanc, 56, of 1-145 Westmorland St., had been accused of violating a city bylaw by riding his bicycle on a sidewalk July 30, and the matter was back in provincial court Wednesday at the city’s request.
City solicit Chantal Gauthier said the city had decided to withdraw the charge “due to circumstances beyond the city’s control.”
She didn’t elaborate on what those circumstances were.
Judge Mary Jane Richards granted the motion and told LeBlanc, who didn’t address the court, that he was free to go.
Outside the Justice Building on Wednesday, the blogger and anti-poverty activist told reporters while he was pleased the matter was at an end, he also wished he’d gotten his day in court.
LeBlanc said with the help of “a special friend” whom he declined to identify, he planned to mount a constitutional challenge to the city bylaw, arguing it violated Charter rights and wasn’t properly enacted under provincial legislation.
He also contended he was unfairly targeted by the city police, given his tumultuous history with police officers in Fredericton.
The main catalyst for the antagonistic relationship, LeBlanc said, was his decision to record a violent arrest in downtown Fredericton a few years ago.
That video was ultimately used as evidence in the trial of a Fredericton police officer who was charged with assault as a result, and that officer was acquitted.
LeBlanc also told reporters bylaws about cycling in Fredericton are discriminatory against the poor, as they tend to rely on bicycles as a mode of transport.
Alycia Bartlett, spokeswoman for the City of Fredericton’s public safety department, referred questions about the case and LeBlanc’s allegations to Gauthier in the city’s legal department.
The Daily Gleaner tried to contact Gauthier for comment, but city communications manager Wayne Knorr responded.
“For personal reasons, some witnesses were not going to be available for the trial date on April 11 and were not expected to be available anytime in the near term,” he wrote in an email Thursday. “As a result the case was withdrawn.”
When asked about LeBlanc’s allegations against the city police force, Knorr responded, “As for Mr. LeBlanc’s accusations, that would be his personal opinion.”
Also troubling about the bylaw case, LeBlanc said, was the fact it arose from a third-party complaint and that he was ticketed almost two months after the incident and that the police never asked him about his side of the story.
“They do not investigate,” LeBlanc said of the Fredericton Police Force. “They go by third-party complaint.”
The bylaw ticket was for a $50 fine, he said.
LeBlanc contended the police don’t enforce the cycling bylaws uniformly, giving some a pass for infractions while others, such as himself, get targeted.
“Enforce the law against everybody, not just me,” he said.
The blogger said he’s not above the law and would have no problem if the police pursued him for a real offence.
LeBlanc has a trial on a summary assault charge coming up in May, and he feels that’s another instance of the city police treating him unfairly and pursuing a bogus complaint.
“If you think this was bad, wait ‘til you see the assault charge coming out in May,” he told reporters. LeBlanc has maintained the Fredericton Police Force holds a grudge against him and that’s one of the reasons he’s been charged with a summary count of assault, alleging an incident involving Andrew Spencer on July 3, 2014.
============================================================================================================================================================================================================================================== Redmond Shannon from CBC -
Blogger Charles LeBlanc sees bylaw charge over bike on sidewalk dropped
City says witnesses unavailable for trial, but LeBlanc cites constitutional challenge he filed with court
By Redmond Shannon, CBC News Posted: Mar 23, 2016 6:31 PM AT Last Updated: Mar 23, 2016 6:31 PM AT Related Stories
Blogger Charles LeBlanc charged with assault
Blogger feud continues with Fredericton City Hall
Charles LeBlanc blog shutdown at City of Fredericton request
LeBlanc case fuels debate over policing and social media
RCMP takes over Charles LeBlanc arrest probe
A controversial Fredericton blogger claimed another victory against the city on Wednesday.
The City of Fredericton dropped a $50 bylaw ticket against Charles LeBlanc for allegedly riding his bicycle on a sidewalk last summer.
Charles LeBlanc, Fredericton blogger
Charles LeBlanc alleges in court documents that he's being unfairly targeted by some members of the Fredericton Police Force. (Redmond Shannon/CBC)
A lawyer for the city told a provincial court judge it was withdrawn due to "circumstances beyond the city's control."
City spokesman Wayne Knorr later explained in an email to CBC News the case was abandoned because "some witnesses were not going to be available for the trial date on April 11, and were not expected to be available any time in the near term."
But LeBlanc told reporters outside the courthouse he believes it's because he had challenged the City's ability to apply provincial law to sidewalks, and had alleged constitutional and charter violations by the City and police.
"The City appears to have acted beyond its legislated powers, by creating its own definition of 'street' and regulating the use of sidewalks, to prohibit cyclists from using the only safe alternative to the road," LeBlanc alleged in documents filed with the provincial court.
The provincial Motor Vehicle Act and Municipalities Act both define streets as areas designated for the passage and parking of vehicles, and exclude sidewalks, the documents state. Vehicles are referred to as self-propelled, not moved by human power.
"These acts do not have or give authority to regulate sidewalks travelled by cyclists. Since the City's powers only come from legislation the City has no authority in law to regulate cyclists on sidewalks."
The Motor Vehicle Act also requires municipalities to post signs, informing the public of any prohibitions enacted by bylaw under the act and no signs prohibiting cycling on the sidewalk are posted, the documents state.
In addition, the act, which appears to date back to 1960, stipulates: "Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway."
"Since the City has no authority to regulate use of the sidewalks regarding cyclists, and has not provided any safe alternatives, sidewalks equate to usable paths for cyclists and the Applicant is entitled to cycle," LeBlanc argued in the documents.
The bylaw also discriminates against cyclists and those on low income, the documents claim. Disputes with police date back to 2009
LeBlanc also alleges he is being harassed by members of the Fredericton Police Force over a history of disputes and two civil actions he filed against the City in 2014 and 2015, which are still before the court.
The force's spokeswoman could not immediately be reached for comment on Wednesday. Knorr said only: "I believe that would be Mr. LeBlanc's personal opinion."
"FPF officers have previously issued tickets to the Applicant which appears to be for the purpose of targeting him, in retaliation for negative blog comments" and for videotaping the arrest of an off-duty soldier in 2009, which led to one of the arresting officers being charged with assault, but subsequently acquitted.
Since then, LeBlanc has faced two other bylaw tickets. One of them was dropped and LeBlanc ended up pleading guilty to disturbing the peace outside the police station.
LeBlanc was also charged with libel against a police officer before police seized a computer from his home, but that charge was dropped.
Two years ago, the City had LeBlanc's blog shut down, after he made a racial slur against an officer. He started a new blog shortly afterwards.
In May, he is scheduled to return to court to face an assault charge in connection with an incident in 2014.
LeBlanc "believes the City is attempting every way possible to convict [him] of anything they can to undermine his civil suits," the court documents state.
He also argued the City and the Fredericton Police Force were in conflicts of interests because of the ongoing civil actions.
The bylaw ticket stemmed from an incident on July 30, when a man claimed to have been almost struck by LeBlanc from behind while walking on a King Street sidewalk around 2:20 p.m.
The ticket was issued on Sept. 22.
=============================================================================================================================================================================================================================================
The Blogger -
The Cops were called -
Whole interview with media -
People had to eat outside the Fredericton Soup Kitchen last night!!! The place was full!!!!!
Never ate outside before...first time...what does this mean?????
Monday, 26 September 2016
Subscribe to:
Posts
(
Atom
)