Brain Surgery at it's finest!

By The Canadian Press
Dec 22/08

TORONTO - The head of the Ontario Provincial Police says drivers who crash in bad weather because of their own negligence should have to pay the bill.

Commissioner Julian Fantino will propose absolute liability legislation today under the Highway Traffic Act to hold irresponsible drivers accountable. This essentially means making drivers pay for accidents in which they were driving aggressively in poor weather, not insurance companies

Fantino says at least 40 per cent of crashes are caused because people are going too fast in poor conditions and not paying attention.

He says his proposal targets people "who could care less" about how they are driving when the roads are bad.

Fantino says his proposal mirrors laws currently on the books in almost every state in the U.S.

Is Fantino is above the Law?

Dec 08, 2008 06:11 PM
THE CANADIAN PRESS

A three-judge panel has decided OPP Commissioner Julian Fantino does not have to continue testifying at a disciplinary hearing against two officers.

Fantino was due back on the cross-examination hot seat tomorrow morning.

Fantino's lawyers asked the Divisional Court panel to set aside an earlier ruling that the disciplinary proceedings should go ahead.

They wanted the stay until they can appeal to the courts next month that the adjudicator in the hearings is biased against Fantino and the panel agreed.

The officers' lawyer called the stay action an unprecedented attempt by Fantino to avoid further cross-examination about his handling of their situation.

The lawyer said there was no evidence the adjudicator was biased, and accused Fantino and his legal team of "cagey chess playing".

How many nail's are needed for his own coffin?

Fantino will have to resume testifying at OPP hearing

Ontario's Divisional Court has rejected a move by the head of the OPP to stop a disciplinary hearing involving two high-ranking officers.
OPP Commissioner Julian Fantino was halfway through a tough cross-examination last month, facing accusations of abuse of power, when he tried to shut down the hearing, accusing the adjudicator of bias.
The hearing in Orillia was investigating whether Supt. Ken MacDonald and Insp. Alison Jevons — who were charged with neglect of duty over their handling of an internal investigation in Eastern Ontario — are victims of a political witch hunt by Fantino and the OPP union.
On Thursday, Superior Court Judge Janet Wilson of Ontario's Divisional Court ruled against Fantino.
"Most importantly ... [the court] found that it was inappropriate to have stopped the proceedings midway into Commissioner Fantino's cross-examination for the purposes of going to the higher courts," said Julian Falconer, the lawyer for the two accused officers.
Falconer went on to say that he was relieved by the decision.
"I think these interruptions do nothing but create longer, larger proceedings and expenses that are simply crushing for these officers. They are anxious — from a reputation point of view and their ability to do their jobs as police officers — to bring this to an end," he said.
Fantino has said suggestions he is abusing his power are "hysterical nonsense."
MacDonald and Jevons were ordered to look into why OPP supervisors in Eastern Ontario looked the other way when a local officer allegedly took a baseball bat to his wife's car.
When MacDonald and Jevons concluded there was misconduct, the police union filed a complaint claiming major problems with the whole investigation. Fantino, then fresh to the commissioner's job, ordered a review of the findings. He later agreed with the union and charged the two senior officers with neglect of duty and deceit for their handling of the investigation.
In turn, the two officers have charged Fantino with abuse of power.
No date has been set for the resumption of the hearing. When it gets going again, Fantino is expected to return to the witness box to face more questions about his involvement in the case.

http://www.cbc.ca/canada/toronto/story/2008/11/28/opp-fantino.html

Fantino saving the World!

BY EDWARD KEENAN

Local activists are delighted that a group of city councillors moved quickly to kill a controversial proposal by Police Chief Julian Fantino that some felt would seriously curtail the actions of protesters on Toronto streets. On April 28, a standing-room-only crowd looked on as council's planning and transportation committee unceremoniously quashed the chief's bylaw plan without even debating its merits. The committee, at the urging of Councillor Kyle Rae (Ward 27, Toronto Centre-Rosedale), voted to "receive" the proposal, which is City Hall-speak for tossing a document into the abyss.
"I'm very happy," said Rich Wyman, a member of the Coalition to Stop the War, after the vote. "This is a victory for us. What the chief's proposals actually are is an encroachment of democratic rights, in essence saying you have to have permission to protest."
"This is a very responsible decision," said Bill Freeman, a writer who is active with Community AIR (Airport Impact Review) and the Writer's Union of Canada, who attended the meeting. "This whole proposal smacks of a level of control that this city -- that no city in Canada -- should give to the police."
Fantino, with the support of the Toronto Police Services Board, had asked council to consider enacting a bylaw that would have required anyone planning a protest to apply first to the Toronto Police Service for a permit. The proposal also asked that demonstrators post a bond to cover potential damage to public property, and that anyone who had previously been arrested at a demonstration be barred from organizing or participating in a protest for a period of two years. It was a plan that did receive support in some quarters, because of reports of vandalism and violence at certain local protests.
Norm Gardner, chair of the services board, expressed disappointment at the committee's hasty handling of the request. "I think they should have discussed it, anyway," he says. "To totally dismiss it was, I think, really inappropriate."
Gardner says some sort of bylaw governing protests is needed to avoid cost overruns caused by overtime pay and to keep ambulance routes clear. He hopes council will resurrect the issue, but concedes that it is unlikely to do so.
Fantino has also asked the federal justice minister, Martin Cauchon, to amend the Criminal Code to allow for harsher punishments for protesters. While that matter doesn't appear to have been decisively closed, Cauchon did indicate in a letter to the police services board that he is wary of unduly restricting the rights of protesters.
"I'm delighted that [the bylaw proposal] seems to be over for now," says Josh Matlow of Earthroots, "but I wouldn't be surprised if it was repackaged and tried to be sold again."
May 1, 2003
http://contests.eyeweekly.com/eye/issue/issue_05.01.03/news/cops.php

Another nail in the coffin!

Ontario Provincial Police Commissioner Julian Fantino testified against two of his top officers at a disciplinary inquiry on Friday, saying their allegations against him are "hysterical nonsense."
The hearing against Supt. Ken MacDonald and Insp. Allison Jevons is being held at OPP headquarters in Orillia. MacDonald used to head the unit that probes internal corruption and Jevons was a senior investigator in the unit. Both now face charges of neglect of duty and deceit.
They claim they are victims of a witch hunt inside the OPP being orchestrated by Fantino and the head of the OPP union, the Ontario Provincial Police Association.
MacDonald and Jevons were ordered to look into why OPP supervisors in eastern Ontario looked the other way when a local officer allegedly took a baseball bat to his wife's car.
When MacDonald and Jevons concluded there was misconduct, the police union filed a complaint claiming major problems with the whole investigation.
Fantino, who was fresh to the job as commissioner, ordered a review of the findings.
He later agreed with the union and charged the two senior officers with neglect of duty and deceit for their handling of the investigation.
MacDonald and Jevons, however, are fighting back and in the process have made their own allegations.
Part of the evidence is an e-mail in which the union said it wanted to "Take down MacDonald."
MacDonald and Jevons also claim Fantino bowed to union pressure.
Days before charging MacDonald, Fantino asked another senior officer, "Are you going to execute the disloyal one, or am I?"
Fantino learned the senior officer made notes of the comments. The defence claims that when Fantino learned those notes were about to become evidence, the officer was told he was being transferred to North Bay.
Lawyers for the two accused say that amounts to witness tampering.
During Friday's hearing, Fantino called the allegations "hysterical nonsense."
The OPP commissioner denied he was bowing to pressure from the OPP union.
Fantino also denied any personal vendetta against MacDonald and Jevons.
Why then, Fantino was asked, did he ask senior commanders, "Are you going to execute the disloyal one, or am I?"
Fantino explained: "I tend to use police-appropriate language. I often use the word 'execute' [meaning] forceful.... It just brings humour to the situation."
Fantino was then asked why he transferred one of the commanders to North Bay almost immediately after learning the officer made notes about the comments about executing disloyal officers.
At that point, Fantino became angry, calling the notes "cheat notes."
"People who know me wouldn't hold onto those notes," he said.
Fantino denied it was a reprisal and said the transfer was part of a regular OPP restructuring.
MacDonald and Jevons have filed a motion claiming they are victims of abuse of process and are asking the charges be thrown out.


http://www.cbc.ca/canada/toronto/story/2008/10/17/opp-fantino.html#socialcomments

Fireman Busted under HTA 172

OPP NEWS RELEASE************************POITRAS TOWNSHIP, ON – (October 17) - An officer from the Highway Safety Division, North Bay, seized a fire truck yesterday afternoon on Highway 63 as a result of the Street Racing Legislation.On October 16th, 2008, at approximately 6:30 pm, the officer was travelling on Highway 63 when he observed a vehicle overtake another vehicle near the crest of a hill. The vehicle was travelling in excess of 70 km/h of the posted speed limit. The driver, a fireman, was operating a Fire Department Emergency/Rescue Response vehicle, GMC Yukon. He was not responding to an emergency call at the time. As a result of his actions, John P. DANDY, 31 years old of Kipawa, Quebec, was charged under the Street Racing Legislation, s.172 and with Drive left of center – approaching crest of grade, s. 149 of the Highway Traffic Act. His driver's licence was seized and suspended for seven days as well as the Fire Department Emergency/Rescue Response vehicle was towed and also seized for seven days.


http://www.sootoday.com/content/news/full_story.asp?StoryNumber=35149