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FILDEBRANDT: How I beat City Hall over a ticket for shovelling my already cleared sidewalk

Calgary bureaucrats tried to bill me for (not) clearing my cleared sidewalk. They did not expect me to lawyer up & go to Court of Queen’s Bench.

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George Carlin once said, “You can’t fight city hall, but you can goddamn sure blow it up.”

I disagree with Carlin. You can fight city hall, but only if you have the resources, and sustained anger to do so.

This winter, a local Karen took it upon herself to make dozens of complaints against me and my neighbours for failing to shovel our sidewalks. At least half-a-dozen times, City of Calgary by-law officers paid a visit to my house to inspect my sidewalk and that of my neighbours. They normally pointed out that it wasn’t perfect, but was generally in good shape. Under questioning from me, they normally admitted that there was a serial complainant in the neighbourhood wasting everyone’s time.

City of Calgary Invoice dated March 6, 2021

On March 6, 2021 however, I received an “invoice” of $215 for the cost of the City to come and clean up my sidewalk, ostensibly covered with ice and snow.

It was a curious fine levied by the City. I was in Banff with the family that day, enjoying the high of 6 C. I shovelled the sidewalk before leaving that morning and, when we returned home that afternoon, we didn’t notice anything different about the sidewalk.

We only knew that anything had been “done” when we received the $215 invoice in the mail. Surely, some error must have been made.

Not content to pay the City for doing nothing, I appealed the invoice. On April 6, 2021, they responded in writing. The letter, and attached evidence, sent me in to rapturous rage.

City of Calgary denial of appeal, dated April 6, 2021

The City’s Community Standards Panel had reviewed my appeal, denied it, and ordered me to pay the invoice post-haste. To support their decision, they attached a series of photographs taken by the by-law officer.

The photos didn’t show a morsel of snow or ice on the sidewalk. They didn’t show the sidewalk obstructed in any way. They showed my beautiful sidewalk so clear and clean that one could eat off of it, if one was so inclined.

The evidence used to convict me of failing to clear my humble sidewalk was evidence I could submit to a lower court judge to prove the City was incorrect. Any sober judge would agree that the City was clearly trying to fleece me and my family for no wrongdoing, and no work done.

Unfortunately for me, there was no further means of appeal through regular channels. Unlike regular by-law infractions, which have tickets appealable in a court, this was an “invoice” and could not be appealed to the municipal courts.

The next morning, I had a meeting with the Western Standard’s lawyer and former Alberta Minister of Justice, Jonathan Denis, about an unrelated issue. At the conclusion of our meeting, I told Denis about the fiasco and showed him the pictures. The otherwise dignified man nearly fell out of his chair with laughter. He proceeded to pass the pictures around the law office, asking people what they thought was wrong with the sidewalk. The only answer was “it’s cracked.”

Himself long frustrated with city administration, he informed me he would take on my little $215 invoice pro bono (for free). We would wage nuclear war with the City over this molehill.

Back at the Western Standard’s Calgary office, I called the inspector listed as the contract on the denial of my appeal. She politely repeated the letter’s notification that my appeal had been denied, and that I was ordered to pay up.

I, in turn, informed her I had retained Jonathan Denis as counsel for the matter and would be appealing the invoice to the Court of Queen’s Bench immediately, and requested the contact information for the appropriate city lawyer.

Baffled at the response, she said that she would get back to me later in the day.

She did. Without request of a formal re-appeal the same panel — that decided days earlier that photos of my spotless sidewalks was enough to make me pony-up $215 — reversed itself and graciously found “there were sufficient ground to grant the [re-]appeal.”

No formal re-appeal was actually made.

On April 6, I was guilty, and my appeal was denied. On April 7, I was innocent and my second appeal, that was never filed, was accepted.

There is only one reason that this ended well for me. I fought back against a process which is not accustomed to people fighting back against.

An “invoice” of $215 isn’t cheap, but it certainly isn’t a sum that would justify a full-blown court fight.

Since there was no municipal court with which to directly challenge the invoice, my lawyer would have had to file the appeal through the Court of Queen’s Bench at a application fee of $250. Without any other cost whatsoever, it would have cost $35 more than the ticket itself just to be heard by a judge.

With affidavits and other minimal legal fees, costs would easily have exceeded $2,000-$3,000, not including the application fee itself.

When a ticket or invoice is $215, and the cost of fighting it is $3,250, not many Calgarians would bother. But not many Calgarians have the former minister of justice as a friend, willing to drag the City into court just to make a point.

We decided to make this point because I am not the only city taxpayer that deals with ham-fisted bureaucrats, impervious to the real lives of the people paying their salaries.

If our case had gone forward to the courts, we would have required the testimony of the dozen-or-so by-law officers who had their time wasted visiting our block to respond to Karen’s complaints over the winter of 2020-21. We would have used the City government’s own photographic “evidence” as our own to prove that the sidewalks were clear. We would have required the testimony of the contractor who did the backbreaking labour of cleaning up, well, nothing.

It would have been an embarrassment for the City administration as we probed into how they operate. Surely, the judge would be unamused with the City for wasting his time, and punitively fining taxpayers to fill its coffers.

The $215 may have been a relative mole hill, but we felt it was worth making a mountain over because the City of Calgary does this to its people, and the vast majority of them have no real recourse. It may not be a serious criminal matter, but it is a matter of access to justice nonetheless.

The City bureaucrats dropped the case because they know this.

The easiest way to correct this kind of imbalance of power is to remove the appeals process from the self-appointed prosecutors (bureaucrats), and give regular taxpayers access to the municipal courts.

It was admittedly satisfying to fight city hall, but I would have been better for the City’s taxpayers to goddam blow it up.

Derek Fildebrandt is the Publisher of the Western Standard

Derek Fildebrandt is the Publisher, President & CEO of Western Standard New Media Corp. He served from 2015-2019 as a Member of the Alberta Legislative Assembly in the Wildrose and Freedom Conservative parties. From 2009-2014 he was the National Research Director and Alberta Director of the Canadian Taxpayers Federation. dfildebrandt@westernstandardonline.com

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3 Comments

3 Comments

  1. Jess

    May 17, 2021 at 8:21 am

    Great job Derek!!!
    The last year or so are the culmination of what happens when we the people allow powertripping psychopaths to walk all over us. Thanks to you and John Carpay and a host of others, these tyrants will be challenged and exposed like never before. This is the new way forward.

  2. Matt C

    May 16, 2021 at 3:18 pm

    👍

  3. Steven Ruthven

    May 16, 2021 at 12:21 pm

    Question?

    If he had of proceeded to Court of Queens Bench for a ruling. Could the Judge have given an opinion on the court issuing an invoice instead of a ticket? People calling By-Law to enforce a law, but the City of Calgary then sends an invoice instead?

    It’s no wonder City Hall is also know as Puzzle Palace.

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Features

Timeline of Kenney’s seesaw COVID-19 protocols

Kenney announces Alberta returns to a state of emergency. After many promises from the premier that Alberta will not introduce a vaccine passport, proof of vaccination or a negative COVID-19 test will now be mandatory for participating businesses and social events.

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On the heels of new lockdown measures in Alberta, The Western Standard reviews Alberta Premier Jason Kenney’s seesaw approach to dealing with the ongoing COVID-19 pandemic.

March 20, 2020 – Four days after the World Health Organization (WHO) declared COVID-19 a pandemic, Alberta cities including Calgary declared local states of emergency and shut down most non-essential businesses and serviced. Alberta also declared a provincial public state of emergency and closed all schools.

May 13, 2020 – Alberta enters a Stage 1 re-opening plan allowing businesses, like restaurants and retailers, to reopen with social distancing restrictions.

June 12, 2020 – Stage 2 is introduced earlier than expected, allowing theatres, massage therapists and hair salons as well as libraries to open. Alberta’s state of emergency ends after nearly three months.

August 4, 2020 – The province mandates back-to-school mask use for students in grades four to 12.

October 26, 2020 – Alberta introduces a limit of no more than 15 people for social gatherings.

November 12, 2020 – Tighter restrictions are introduced in restaurants and bars, including an earlier last call for alcohol.

November 24, 2020 – The province announces new and even tighter restrictions banning social gatherings, limits attendance numbers in churches and funerals and closes Alberta high schools.

November 25, 2020 – A Facebook post from Kenney states “We decided not to proceed with a lockdown because of the profound damage it would cause to Albertans, thereby deepening the mental health crisis and leaving many to despair. We will not let political pressure or ideological approaches cause indiscriminate damage to people’s lives and livelihoods.”

December 8, 2020 – Despite Kenney’s announcement less than two weeks earlier, the province is plunged into another full lockdown. All indoor and outdoor social gatherings are banned and non-essential businesses are forced to close including restaurants.

January 14, 2021 – Restrictions on outdoor gatherings are eased and personal service businesses, including massage and hair salons, are allowed to reopen.

January 29, 2021 – Premier Jason Kenney announces “The Path Forward” framework, allowing for an incremental easing of restrictions over three stages. Benchmark metrics were set based on hospitalizations of COVID-19 patients and a minimum wait period of three weeks between each phase.

February 8, 2021 – “Step 1” of The Path Forward plan begins with Alberta easing some restrictions on restaurants, kids sports and indoor fitness.

March 1, 2021 – Kenney announces “Step 2” phasing in low-intensity fitness classes; however, earlier benchmarks were ignored and the remainder of Phase 2 was delayed until March 8 when libraries, retailers, banquets, etc. were permitted to resume at varied levels of capacity. Sports programs were also allowed to resume with limits on participants and social-distancing measures.

March 22, 2021 – Again ignoring previously-set benchmarks, the province announces, due to a surge in COVID cases brought on by variants of concern, “Step 3” would be paused until COVID patients are under 300 and declining.

April 6, 2021 – Premier Kenney rolls Alberta back to “Step 1” until further notice moving the goalposts yet again, stating restaurants in the province were only allowed to offer outdoor dining service.

April 29, 2021 – Kenney announces targeted heath measures specific to regions where there were higher numbers of COVID cases. Schools in those regions were to switch to online learning, indoor gyms were to close and all indoor sports activity were to be suspended. This would last for two weeks.

May 4, 2021 – New restrictions are announced again province-wide. All schools including post-secondary institutions were moved to online learning, indoor recreation activities were shut down and in-person dining was prohibited as of May 10. In those areas with high case counts, gatherings were limited to 5, retail stores went to 10% capacity, personal care services were closed and outdoor gatherings were limited to immediate family members only. 

May 25, 2021 – Students were permitted to return to in-person learning. The next day, Kenney announced he was replacing his “Plan Forward” strategy with the “Open for Summer” plan, based on vaccination progress and hospitalization numbers.

June 18, 2021 – Kenney announces “Step 3” would be implemented July 1.

July 1, 2021 – Kenney announces Alberta is “Open for Summer” and nearly all remaining public heath orders are lifted including mask mandates, self-isolation requirements, scaled back testing and contact tracing.

July, 2021 – Kenney, while attending a Calgary Stampede pancake breakfast, is recorded saying he swears to God the province is “open for good.”

July 29, 2021 – The province announces major changes to the COVID-19 protocols on testing, self-isolation and contact tracing. Testing would now only be for the symptomatic; self-isolating is no longer mandatory and AHS would stop close-contact contact tracing.

Sept 4, 2021 – Alberta brings back mandatory masking for all indoor public spaces and work places. Restaurants are ordered to end alcohol service at 10 p.m.

Sept 15, 2021 – Kenney announces Alberta returns to a state of emergency. After many promises from the premier Alberta will not introduce a vaccine passport, proof of vaccination or a negative COVID-19 test will now be mandatory for participating businesses and social events. As of September 20, restaurants will have to shut their dining rooms and only provide service on their patios or take-out meals until they have a vaccine passport system in place which will then offer them exemptions. The province will also continue a curfew of 10 p.m. for liquor sales. Forced social distancing returns and it will be illegal for unvaccinated people to attend social functions in homes. Vaccinated families can have friends come over from one other vaccinated house to a total of 10 people. Along with other restrictions, mandatory work from home orders are also back in place.

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Features

MAKICHUK: TOP SECRET – Meet the real-life James Bonds

“We haven’t had a female Bond in the films, but there are already lots in real life.”

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Like James Bond, they cross borders with fake identities and passports.

They operate in small isolated teams and have access to the full array of 007 gadgets designed by the spies’ Q section.

Its members are famed for not always looking like soldiers. Some speak different languages and can pass as foreign nationals.

The standing joke is that they could fit in at an embassy party or a whorehouse in Istanbul.

And just like Bond, they are all highly trained in firearms and hand-to-hand combat.

In fact, their training is considered “amazing even by SAS standards.”

But unlike the fictional 007 character, these assets don’t work for MI6, the famed British Secret Intelligence Service.

They are an elite section of the SAS, known as “The Increment.”

According to a report in the UK’s The Sun, the existence of the secret unit, “E Squadron,” was inadvertently confirmed this week when bungling Army top brass leaked the personal details of more than 70 Special Forces troops.

Buried deep in a spreadsheet of 1,200 soldiers’ names, trades and military units was a single reference to “22 SAS E SQN.”

It was the first written proof that the unit exists.

E Squadron is the fifth and newest limb of 22 SAS, the world’s most famous Special Forces regiment, whose motto is Who Dares Wins.

But its work is so secret that its troops are kept apart from the other four Sabre Squadrons, A, B, D and G, at their headquarters in Hereford, the Sun report said.

The squadron’s main task is to work with MI6 on top missions all over the globe.

SAS legend Andy McNab spent three years with the unit from 1991 to 1993, after his patrol in the first Gulf War which he wrote about in his book Bravo Two Zero.

He said the unit — which was hand-picked from the SAS — was “the closest to what James Bond does” of any British secret service.

But almost 30 years after he left, he said his work was still too secret to reveal, the Sun report said.

Another former member, who asked not to be named, said: “We were moving in and out of countries on different passports. Always in civvies, overseas all the time. It was busy.

“It was the James Bond stuff — use your imagination.”

The ex-member added: “You had to be able to blend in. People were picked for their ability to do undercover work.”

While some MI6 officers are firearms trained, it is never to the same level as their counterparts in E Squadron.

The former soldier said: “MI6 and MI5 are always distancing themselves from James Bond, saying they aren’t really like that. It’s true — spies aren’t like James Bond, they’re eggheads. Give them a gun, they wouldn’t know what to do with it.

“E Squadron solves that problem but they do a lot more as well.”

The places where they often have to work, using civilian cover identities, make it impossible to be armed, so they are all trained in deadly hand-to-hand combat, the Sun report said.

SAS author Chris Ryan served with Andy McNab on the 1991 Bravo Two Zero mission, in which a SAS patrol was deployed into Iraq during the first Gulf War to destabilize Saddam Hussein’s war strategy.

Says Ryan: “To be in the Increment is to be the best of the best.”

According to SOFREP.com, The Increment are strictly black ops — deniable missions that would be disavowed by the British government if compromised.

These could include:

  • Secret military assistance to foreign powers
  • Clandestine insertion and extraction of intelligence agents
  • Covert reconnaissance/intelligence gathering

Today E Squadron’s members are drawn from the three Tier One Special Forces units — the SAS, the SBS and the Special Reconnaissance Regiment, the Sun report said.

The SBS provides specialist frogmen and mini-submersibles which can be used to insert teams undetected on foreign shores.

The SRR, whose soldiers specialize in plain-clothes surveillance operations around the world, provides a large number of women.

The unit was formed out of 14 Intelligence Company, which was known as the Det, and operated undercover in Northern Ireland at the height of the Troubles.

A source said: “Women are often the best at this sort of work. If a group of blokes turns up, it always looks suspicious.

“We haven’t had a female Bond in the films, but there are already lots in real life.”

The Increment’s troops were among the first British soldiers in Afghanistan, ahead of the US invasion in 2001.

They were also involved in the 2011 uprising in Libya which toppled Colonel Muammar Gaddafi, the Sun said.

A former E Squadron soldier said the unit was heavily involved in Iraq in the run-up to the 2003 invasion.

He said: “E Squadron are military people. They have rules of engagement.

“Is it a licence to kill? It is certainly not carte blanche. But the nature of soldiering means it’s sometimes necessary to take life. Everyone is trained in deadly force.”

Dave Makichuk is a Western Standard contributor
He has worked in the media for decades, including as an editor for the Calgary Herald. He is also the military editor for the Asia Times.
makichukd@gmail.com

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Features

Why does this BC area have the rudest postal code in Canada?

The area of Canada that easily takes the title for most unfortunate postcode has to be a street in Delta East Central: V4G1N4 (VAGINA). 

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A U.K. online business — apparently with buckets of time on its hands — has researched and unveiled what it calls “Canada’s rudest” postal codes.

Research by Money.co.uk shows the most unusual and awkward postal codes (the wacky Brits called it a “postcode”) in Canada and the UK and looked at the potential it can have on house prices.

As every maple-syrup blooded Canuck knows, Canadian postal codes contain a six-digit string of numbers and letters to create the final outcome, if one ignores the hyphen that splits the codes 

Using numeronyms —words where a number is used to form an abbreviation — the Brits discovered some odd pairings.

For example, in Timmins, Ont. you’ll find the postcode P4N-1C5. Nothing too eye-popping there until you dissolve the hyphen and are left with P4N1C5 (PANICS).

M4X1M5  (MAXIM) is more associated with a mens’ mag, not a vibrant area of downtown Toronto.

In another example, one area of Winnipeg sports the R3L1C5 (RELICS) code. 

However, the area of Canada that easily takes the title for most unfortunate postcode has to be a street in Delta East Central: V4G1N4 (VAGINA). 

The Brit release noted with the average Canadian house price currently around $716,828, living in a postcode such as V4G1N4 may actually effect your house price. However, no proof of the claim was offered.

Here are the top 21 most unusual/amusing postcodes in Canada:
• B3G1N5 (begins) Eastern Passage, NS;

• B4N4N4 (banana) Kentville, NS;

• L1V1N6 (living) Pickering Southwest, ON:

• L3C3L5 (levels) Orilla, ON:

• L4G3R5 (lagers) Aurora, ON;

• M4G1C5 (magics) East York (Leaside), ON;

• M4L1C3 (malice) East Toronto (India Bazaar / The Beaches West), ON;

• M4R1N3 (marine) Central Toronto (North Toronto West), ON;

• P3N1L3 (penile) Greater Sudbury (Val Caron), ON;

• P4N1C5 (panics) Timmins Southeast, ON;

• R3J3C7 (reject) Winnipeg (St. James-Assiniboia SE), MB;

• R3L1C5 (relics) Winnipeg (River Heights East), MB;

• R3M0V3 (remove) Winnipeg (River Heights Central), MB;

• R3T1R3 (retire) Winnipeg (Fort Garry NE / University of Manitoba), MB;

• S3N1L3 (senile) Yorkton, SK;

• S7R0K3 (stroke) Saskatoon Northwest, SK;

• T1R1N6 (tiring) Brooks, AB;

• V1C4R5 (vicars) Cranbrook, BC;

• V1K1N6 (Viking) Merritt, BC;

• V1X3N5 (vixens) Kelowna East Central, BC;

V4G1N4 (vagina) Delta East Central, BC.

Mike D’Amour is the British Columbia Bureau Chief for the Western Standard.
mdamour@westernstandardonline.com

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