Rep Power: 590

This letter and the Cell Phone letter also posted here was sent today to the Ontario legislature. Jim Kenzie of the Toronto Star and Christina Stevens of GlobalTV were also copied on the letter. Christina was the reporter whose news feature about the illegality of the street racing legislation titled ONE YEAR LATER was I believe castrated by GlobalTV management. It ended up as a totally pointless time waster instead of a piece of stellar investigative reporting which is how it started out.


October 31, 2008

Mike Stafford,
AM640 Toronto Radio
1 Dundas Street West
Suite 1600
Toronto, Ontario
M5G 1Z3


Dear Mike,

I listened to your show about the coming Cell Phone legislation yesterday morning and thought it very interesting in light of the work I’ve done recently with respect to the Highway Traffic Act, the street racing legislation and that cell phone legislation.

I’ve mailed you the book I wrote in response to the street racing legislation since it has bearing as noted in the accompanying document about cell phones. People have told me you have voiced opposition to the street racing legislation as well. If so, then the book will more than solidify your argument. I have no idea whether you really stand by your comments or whether that was just part of putting up a good show.

Despite the jumble of the front cover the book’s full title is THE REBEL MACHINE IDENTITY – ABUSE OF POWER and was meant to be the final chapter in another book I wrote: STREET RACER. However the last chapter became a book in its own right that is an on-going work that will in fact include this letter in the next edition.

I tried to get it into Chapters/Indigo but the process was going to take a year or more so I self published it and sell it via mail order or at meetings and car shows.

The Paralegals have taken a huge interest in ABUSE OF POWER and have stolen a march on the lawyers. There is a lot of info in the book that would cost a fortune to have a lawyer research so the best route for anyone charged under Section 172 of the HTA is to hire a paralegal who has my book.

There’s lots more to be done on this issue because the law needs to be rewritten and re-enacted in order to make it legal which it is not right now. What that means is that the police have been stealing cars and extorting money since October, 1 2007. Even longer if you count what they did under the Civil Remedies Act. I believe they will have to give all the money back, pay for damages and overturn all of the illegally obtained convictions.

Another biggie is that I was surprised the media and the legal profession completely missed is that the street racing legislation entrenches racial discrimination against visible minorities and people a cop might just not like right into the Highway Traffic Act. We pride ourselves on being a multicultural society and then the government blindsides at least half of the GTA’s population with a hands on method of destroying lives with no accountability. This is a clear violation of the entire intent of the Charter of Rights and Freedoms. It is one of the reasons why I maintain, the 2007 amendment to Section 172 is illegal and why the entire sitting Ontario Legislature needs to be held accountable by the public for this travesty.

Most people think that the Ontario government only denied one guaranteed civil right – Section 7. But that is far from the case. The amendment to Section 172 trashes almost all of the Charter of Rights and Freedoms. Following are a list of the sections that were denied by the sitting Ontario government when they passed the amendment to try and end street racing section by section:

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

8. Everyone has the right to be secure against unreasonable search or seizure.

9. Everyone has the right not to be arbitrarily detained or imprisoned.
10. Everyone has the right on arrest or detention
(a) to be informed promptly of the reasons therefor;
(b) to retain and instruct counsel without delay and to be informed of that right; and
(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

11. Any person charged with an offence has the right:

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Section 33.1 is explained in the book you can read it there.

There has been expressed on various talk shows an observation about the length of time it’s taking for one of these cases to reach the Supreme Court. One reason is that the Justices of the Peace are denying requests for the cases to be heard on a constitutional basis. They are all being dealt with as traffic offences. There is a rumour that there are lawyers who will mount a challenge. If so, I have not been able to identify them to make sure they have a copy of my research. You might be able to help in that respect.

When the Charter of Rights and Freedoms was enacted, it was enacted specifically to prevent future governments, federal and provincial from abusing their power. The extent to which the Ontario Legislature defied not just the Charter but also the Criminal Code of Canada is explained in ABUSE OF POWER. In doing so, they destabilized all of Ontario’s existing legislation and sacrificed their credibility before the people. They have betrayed the electorate and that constitutes a Breach of Trust.

When you read the book, I would like you to pay particular attention to the role the police as a body have been forced to play, and then examine that in comparison with the role Commissioner Fantino has played and the use he has made of partial statistics to make his points to blow an admittedly photogenic but statistically minor issue way out of proportion.

I hope this interests you enough to help further publicize this issue. It’s people like you who can make the difference. It’s entirely pointless to investigate and write about government wrong-doing if the information never sees the light of day.

A hard copy of the book and this letter will follow by snail mail.


Yours truly,

John Newell

Cc: Ontario MPP’s