The Confusion of City By-Laws Information

When I first reported an act of illegal dumping of construction materials into the dumpster behind my house I was told the By-Law department could not proceed. They did not have access to the MPI database that would allow them to find the owner of the vehicle used. This was back in August of this year. I spoke with the By-Law officers' boss, Kevin Seaford, and again was told the department did not have access to the MPI database.
My blog has been logging my efforts to have this issue corrected. I mean, how can the By-Law department not have access to the information they need in order to perform their jobs? I have been requesting information from the Mayor's office, as Mayor Sam Katz, himself, promised me he would take care of this issue personally. When he called to ask for my vote, I told him about the issue with the By-Law department. He said he would see to it personally that my issue was taken care of.
Well, I guess the Mayor came through on his promise. I was contacted by the By-Law department on November 10 and told they finally got the truck owners name.
But when did the Mayors' office decide to uphold the promise? Was it when Gordon Sinclair published my story in the Winnipeg Free Press on Oct 21? Or was it just done out of the kindness of his heart?
I thought my fight was over when I went down to the By-Law office to make my statement regarding the illegal dumping of the construction material. I thought the issue of the By-Law department not having access to information was corrected. But no. When I asked Kevin Seaford about that, he said this was a one time deal. He said they still do not have access to the MPI database. He also said nobody has ever been fined for illegal dumping.
I don't know what made me more upset. Was it that nothing had been fixed? Or was it that the problem was far deeper than I ever imagined. Not only did they not have access to the information they needed to prosecute offenders, but none of the offenders have ever been fined. Not ever.
When I was first told that the By-Law department did not have access to the MPI database, I was told the reason was because of the Privacy Act. Or at least that is what I thought I heard from the two people I spoke with at the By-Law office. When I checked back on the notes I made when speaking with Kevin Seaford on the phone, I had written "Asked & Asked, denied, privacy laws". I remember that conversation. Seaford had said he had asked and asked for the information, and it was denied. He must have given the reason as 'privacy laws' at that point.
When I found the section of the Privacy Act that actually allows for information to be provided in order to assist in the prosecution of a crime, I thought I was on to something. So, I called Kevin Seaford at the By-Law office, to see what he had to say about this new finding of mine. The response was not what I had expected. Kevin said I got it wrong. Apparently the Privacy Act has nothing to do with the reason the By-Law Office does not have access to the MPI database. He said all he could tell me was that his office does not have access to the MPI database. He suggested I speak with his boss, or his bosses boss (Peter deGraaf).
I am all for going to the top, and I had Peter deGraaf's email address. So I sent him an email. I want to know the "official" reason why the By-Law department does not have access to information needed to do their job.

>> Peter,
>>
>> As you know I have filed a complaint with the By-Law department
>> regarding the illegal dumping of construction materials in the Autobin
>
>> behind my house. I had included a photograph of the individual,
>> including the white
>> 1/2 ton truck, the Manitoba license plate number and a clear image of
>> the person doing the dumping. I sent this complaint in on August 20,
>> and received a reference number of 405412. I was told the following
>> Thursday by telephone that the By-Law department could not proceed
>> further because they did not have access to information from the MPI
>> database that would allow them to obtain the vehicle owner of the
> truck committing the crime.
>> The reason given at that time was that it involved the Privacy Act. I
>> understand the information regarding the owner of the vehicle was
>> obtained, but as a special, one time instance.
>> I have since read the Privacy Act, and find that Section 17(2) b
>> states information can be made available from a public body if it "is
>> necessary to prosecute the violation or continue the investigation".
>> I would like to know why the By-Law Department informed me that they
>> do not have access to information they need to follow through on these
>
>> By-Law infractions. I do not see the Privacy Act infringing, in any
>> way, the obtaining of information needed in the prosecution of a
>> violation. I do not see any obstruction to information needed in the
>> enforcement of this By-Law.
>>
>> Rae Butcher

Well, I got an answer from Peter tonight.

HI Rae,

Thank you for your communications.  It would appear there was an initial
misunderstanding relative to the ability to access the necessary
information in order to proceed with this investigation at the outset.

The City of Winnipeg Community By-Law Enforcement Services Unit (CBES)
has consulted further with The City of Winnipeg Legal Services and as a
result, the matter has in fact proceeded.  Also, in terms of accessing
MPI database information, Legal Services submits CBES database
information requests to MPI according to an established process with
MPI.

This case is now before the courts.  We sincerely appreciate citizens
taking an active role in the health and wellbeing of our community and
once again thank you for bringing this to our attention.

Yours truly, 

Peter de Graaf
Manager of Community By-law Enforcement Services City of Winnipeg
Community Services Department

So, does this mean that the By-Laws department does have access to information they need to take care of these illegal dumping issues? Is there really an established process for the By-Laws department to request information from MPI to do their jobs?
How could there be a misunderstanding? Did they loose the manual on how to make a request? Or have they never made a request before and just didn't know which button to push to send the request through?
What is the actual probem? Is it that they really do not want to prosecute these illegal dumpers? Is it that the North End is not important enough to process any request by it's citizens? Are North Enders really such sub-citizens that the By-Law department has a policy of not acting on their complaints? I sure hope I got this one wrong.

City Politics 101

My street is a lot quieter now. Winter has set in, and the outside world has calmed. Even the people who seemed frightening a few weeks ago, are just parka clad folks out shovelling their walks. The yards are all covered with that clean blanket of snow, and traffic has slowed, be it pedestrian, bicycle, or motor vehicle.
Walking down the lanes and front streets is now more difficult, and I will be conducting my walks with less frequency. As with everyone, I will turn to more indoor activities to get me through the winter months.
Since starting this blog, I have read many By-Laws and legal acts, posting their links as I find them. I have been educating myself on subjects I once considered irrelevant and unnecessary to bother with. But in order to ensure the rights of my block are upheld, it has become necessary for me to familiarize myself with the legalese of the City.
In my quest for knowlege I have also found schedules and minutes for the various meetings held at City Hall (http://www.winnipeg.ca/clkdmis/). And I have even gotten myself on one of the committees. A few weeks prior to the Speak Up on Garbage Expo at the convention center, I received a phone call. I was invitied to attend a meeting at City Hall for the Stakeholders Advisory Committee to the Garbage Master Plan. I am now a citizen member of that Committee.
While browsing the City of Winnipeg website, I have found which committees discuss derelict buildings, what has been happening at the latest Lord Selkirk - West Kildonan Community Committee meeting, and the Winnipeg Committee for Safety minutes. It seems these meetings at City Hall are public. That means anyone may attend them. During the winter months, I am going to start attending some of these meetings, starting with the Winnipeg Committee for Safety on Dec 10.
I was never interested in Politics before. It will be interesting to see what comes of this.

Freedom Of Information Act Versus By-Law Dept Unable To Obtain License Info

Back in August, I made a report to 311 regarding the illegal dumping of construction material into the dumpster behind my residence. I sent a photograph, showing the white half ton truck, the Manitoba License plate number, and the individual doing the illegal dumping. I also provided a photo of the lumber, metal, and door that the individual deposited in the dumpster.
I explained that the individual was asked if they lived in the area, and if they were aware that it was illegal to dump the construction material in the dumpster. I also said the dumpster was for residents of the area, which he said he was not. And I also told the individual that I took a photo and would be submitting it to the By-Law department and he would be fined for performing the illegal dumping of the construction material. I gave him the opportunity to remove the items from the dumpster, but the individual declined the offer, and said I should clean up my back lane. The individual said I should be happy that he was at least cleaning up.
So, I sent the information to 311. They in turn forwarded it to the By-Law department for investigation. A week later the By-Law department said they could not proceed further, as they did not have access to the MPI database to get the information on the owner of the vehicle. They said it was because of the Privacy Act.
Now today I happened to be reading through the Privacy Act, or rather, the Freedom of Information and Protection of Privacy Act. In it, I noticed a section that would allow information to be provided if it was needed for law enforcement.

Division 3
Mandatory Exceptions To Disclosure
Privacy of a Third party
Disclosure harmful to a third party's privacy
17(1) The head of a public body shall refuse to disclose personal information to an applicant if the disclosure would be an unreasonable invasion of a third party's privacy.
Disclosures deemed to be an unreasonable invasion of privacy
17(2) A disclosure of personal information about a third party is deemed to be an unreasonable invasion of the third party's privacy if
(a) the personal information is personal health information;
(b) the personal information was compiled and is identifiable as part of an investigation into a possible violation of a law, except to the extent that disclosure is necessary to prosecute the violation or continue the investigation;
etc.

As far as I can see 17(2) (b) should give the By-Law people the right to request this needed information. There should be no reason that the By-Law department is not allowed to gain access to information from the Manitoba Public Insurance, when requested, if they are requesting the information to "prosecute the violation or continue the investigation".
Or am I missing something?

My Street Is Covered In A Clean Blanket Of Snow

I went for a walk today, on my own. This was the first time I have ventured more than a block from my home on foot alone since the shootings in October. The shootings are no longer a topic of news, and are drifting from peoples memories.
I have tried to get back to normal, but things kept happening.
A few days after the murders, there was the sound of a shot gun coming from behind my house, somewhere in the back lane, or very close. Then I watched a person steal a car, right in front of my window. And there were the other actions occurring within view of my house. Then last week I had an unfortunate encounter with a person on a bicycle. I have been looking at bicycles along the side streets of the North End in a different light since the murders. I remember the Police said the individual or individuals doing the shootings were seen traveling by bicycle.

But today, I went for a walk on my own, and I left my block.
As I left the house I noticed not one, but two McDonald's coffee cups. They were discarded on the street and on the boulevard. It seems they are always discarded right in front of my house. I guess I live exactly the distance from McDonalds that it takes to finish a cup of coffee.
The snow has covered the North End in a fresh coat of crisp, clean camouflage. The yards are all filled with clean, white snow. You can still see the boarded houses, and the paint falling off the side of a few homes. You can still see the broken windows and fences that need repairs. But with a fresh coat of snow covering everything, it somehow seems less depressing. The snow seems to even things out a bit. The neighbourhood could almost be in another part of town.
I could not see any dirt and mud filled yards. The garbage strewn around the yards is hidden under the snow. For now, the yards are clean. With a fresh lick of paint, some of the rougher looking houses would look just fine.
I walked down the front street today, which was nice. Then on my way back home I took the lane. There were a few dumpsters that were overflowing already. It is only Tuesday today and the dumpsters are likely not getting emptied until Friday this week.

The dumpsters that are overflowing are not filled with residential garbage. They are filled with construction material, lumber, and paint cans. There was a dresser that was smashed into pieces and put into one of the dumpsters. And there was a couch and a couple of mattresses behind another dumpster down the block. Another dumpster was full of broken furniture and lumber. On my block alone there are three dumpsters now overflowing with non-residential garbage. We still have several days until the dumpsters will be emptied. As residents of the lane put their garbage out, it gets stacked on top of the already existing garbage in the dumpsters. Then it blows into the lane, or gets spilled into the lane as the dumpster gets emptied.
If our dumpters were used solely for residential garbage, they would not overflow, and would not spill out into the lane. Our dumpsters would be able to hold our household waste, and be emptied into the garbage trucks at the end of the week, and our lanes would be clean.
Out front streets are looking crisp and clean, but the back lanes will again turn into garbage strewn alleys.