Is flicking a sunflower seed littering? Winnipeg police think so

A man visiting from New Zealand learned the expensive way that discarded sunflower seed shells are considered litter in Winnipeg.

David Watt was driving last Thursday on the Moray Street bridge and eating sunflower seeds, flicking the empty shells out the sunroof of his car, when he heard a police siren chirp.

He looked at the rear-view mirror and saw an officer waving him over to the shoulder of the road.

Watt, who didn't know why he was being stopped, handed over his New Zealand licence and said the officer asked him what he was doing in Winnipeg, "like I was a criminal or something."

"I just said I'm visiting friends," said Watt, who is originally from Winnipeg and now lives in Wellington.

"He said, 'Well, I pulled you over because you're littering. You're throwing things out of your sunroof.' I said it was a sunflower seed and he said it doesn't matter, it was litter."

Watt happened to have some seeds in his mouth at the moment and didn't want to be spitting saliva while trying to speak with the officer, so he spit them out, further annoying the officer.

"He said, 'What did I just tell you? Don't flick things out of the sunroof.'"

When the officer went back to the police cruiser to write up the ticket, Watt realized he should probably call to let his friend know he would be late for a meeting. But Watt said he was worried he'd get another ticket if he used his phone in the car.

He was very, very intimidating and I couldn't believe it was over a sunflower seed.–Dave Watt

"I got out of the vehicle and went to the front of my car. I didn't want to walk towards him like I was trying to intimidate him," he said. "Well he got out of the car, he's yelling at me, 'Get back into your car!'

"I told him I need to make a phone call and he said, 'You don't need to phone anybody; when the police stop you, you do not get out of your car.' He's just screaming at me," said Watt.

"He was very, very intimidating and I couldn't believe it was over a sunflower seed."

After receiving the ticket and being advised of the date he should appear in court if he wanted to contest it, Watt said he noticed he'd no longer be in the city at that time.

"I said 'Wait, wait', but he wouldn't stop," Watt said.

The next day he went to the police district station "to get this settled" and was told that once the ticket is written it can't be changed.

Still bewildered by the ticket, Watt asked the sergeant on duty if sunflower seeds are considered litter.

"He said, 'I don't know what the officer saw so I can't comment,'" Watt said. "Nobody can tell me if sunflower seeds are actually littering. I looked in the bylaw traffic act [and] it describes cigarette butts, nails, glass, something that could damage a vehicle or hurt a person. Those are all listed, but sunflower seeds aren't listed."

According to the Winnipeg Police Service, the Traffic Act covers offences for drivers or passengers who litter, and "the legislation does not differentiate between litter that is biodegradable and that which isn't."

Watt visited the courthouse downtown in an attempt to plead guilty with an explanation, but was told he can't do that outside of the dates written on his ticket.

"I'm trying to settle this, but I'm not getting any help. Starting with this angry cop that wouldn't wait for when I had some questions, to the sergeant at the courts office. Nobody will solve this before I leave," he said.