The Manitoba government is cancelling hundreds of photo radar tickets and dropping its appeal of a case in which a provincial judge dismissed nine tickets issued to drivers in Winnipeg road construction zones.

Don Slough, Manitoba's deputy attorney general, said the appeal was dropped because of a technicality affecting hundreds of tickets, totally separate from the judge's ruling.

'Anyone who's been found guilty and who's paid the fine would have been speeding, because it's photo radar and there would have been a sign there. So in that respect, they'll still have been found guilty.'—Manitoba Attorney General Dave Chomiak

According to provincial law, the temporary speed limit when passing construction zones is 60 kilometres per hour. A sign declaring the temporary speed limit must be set up at start of construction zone as well as at the end.

Slough said a sign had only been placed at the beginning of the construction zones where the drivers had been photographed.

About 860 tickets yet to be paid have been cancelled by the ministry as a result of the technicality. Those drivers will be notified by mail, said Slough, adding the signs have been fixed as of April 11.

No refunds coming

However, people who have already pleaded guilty and paid up won't be getting a refund cheque in the mail, said Manitoba Attorney General Dave Chomiak.

"Anyone who's been found guilty and who's paid the fine would have been speeding, because it's photo radar and there would have been a sign there," he said. "So in that respect, they'll still have been found guilty."

'It's illegal now, they've admitted that, so it was illegal then.'—Jay Prober, lawyer

Manitoba Conservative justice critic Kelvin Goertzen disagrees. He said everyone ticketed by photo radar under the same circumstances should be given a break.

Both he and Winnipeg lawyer, Jay Prober, believe the province is obligated to refund all bogus photo-radar tickets issued since the start of the program in 2003 until the signage problem was fixed last month.

"It's illegal now, they've admitted that, so it was illegal then," said Prober. "They're not saying that the signs way back when, from the outset, were placed correctly. They're in fact saying that the signs were never placed correctly.

"They are wrongful convictions, and these people, although there's no consequences in terms of their license and there's no sort of consequences other than monetary, that's significant for many people."

Chomiak said it would be impossible to go through every prior case and review the facts that triggered each ticket.

Workers or no workers, tickets will be issued

The Crown still disagrees with the decision made earlier this year by Judge Norm Sundstrom to dismiss nine tickets. In those cases, the tickets were issued when there were no workers in the construction zones.

'It's our view that even if workers aren't present, they need to abide by those signs. Should another case arise and there be another decision like [the judge] made, I think we would want to have it reviewed via an appeal.'—Don Slough, deputy attorney general

Although the drivers had exceeded the 60 km/h limit, they were not going faster than the regular 80 km/h speed limit for that particular roadway. With no workers present, the regular speed limit should apply, Sundstrom ruled.

The Crown still believes in ticketing drivers who exceed the limit, regardless of whether workers are present, and will continue to prosecute drivers, now that signs have been properly posted, said Slough.

"I mean, ultimately, that matter will probably be decided by the courts, but it's our view that even if workers aren't present they need to abide by those signs," he said. "Should another case arise and there be another decision like he made, I think we would want to have it reviewed via an appeal."