Manitoba's Court of Queen's Bench has rejected an argument questioning the the legality of the wording of the province's photo-radar legislation.
Len Eastoe, who runs Traffic Ticket Experts, a company for motorists fighting moving violations, fought a ticket for his daughter, who he acknowledged was speeding when she was photographed by a photo-radar camera in a Winnipeg intersection two years ago.
Eastoe argued the word "and" was used incorrectly in the Highway Traffic Act, so according to strict interpretation, the cameras must be set up in an intersection that is in a school zone, playground zone or a construction site.
However, Justice Deborah McCauley of the Court of Queen's Bench rejected his argument, reasoning that the word "and" was used conjunctively, not disjunctively. That means the word doesn't differentiate between the two types of systems.
Eastoe's challenge over the use of the word "and" in the legislation had already been tossed out of a lower court. Last week, he said if he lost the court case, he was prepared to go to Manitoba's Court of Appeal.
Sprays, covers: legal to sell, not to use
While Eastoe fights over the legality of red-light cameras in court, others are taking the fight to the streets. Winnipeg Police are keeping close tabs on products being sold in Winnipeg that purport to beat photo-radar or red-light cameras.
Patrol Sgt. Randy Vertone says police believe they are aware of most of the products being used on the street, including covers or sprays to hide a person's licence number from the camera.
Vertone says police would be a lot more worried if there was any evidence the items worked.
"We know that from time to time, some people do try and thwart the system. We haven't noticed anything that really is come to attention that's very effective out there," he said.
"You would hope that the drivers out there are not using these sprays, and I don't think it's to a great extent that people are."
The sprays and filters are legal to sell, but it's a Highway Traffic Act violation to use them on a vehicle on Manitoba roads. If caught, fines can reach up to $150.