Finish line in sight for ticket fight

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This article was published 04/05/2018 (2746 days ago), so information in it may no longer be current.

James Aisaican-Chase has been fighting two battles: one against the stage 4 cancer; the other against the City of Winnipeg over what he calls an unfair traffic ticket.

Today, the legal battle will come to a close when the judge who oversaw his trial is set to deliver a verdict. Whether it is guilty or not guilty, Aisaican-Chase will be there to hear it.

He recognizes, however, that he probably shouldn’t be.

In December 2016, doctors told Aisaican-Chase to prepare to die. They said the cancer ravaging his body would kill him within six months.

More than 16 months later, he’s still here — even if, as he puts it, he’s living “day by day.”

“I should be dead,” the 72-year-old said Thursday.

“I have the most fantastic medical team. They’re the best in the world. They’re keeping me alive. It’s a very aggressive cancer. Sometimes, I’m near death, but right now, I’m still here.”

Aisaican-Chase was on his way to a doctor’s appointment on Oct. 16, 2015, when the light at the intersection of Bishop Grandin Boulevard and River Road flashed amber. Instead of slamming on his brakes in a “panic stop,” Aisaican-Chase said he maintained a steady speed and sailed through the intersection, clearing it in 4.3 seconds.

That’s roughly one-third of a second longer than the four seconds allotted for an amber light on the roadway, which has a speed limit of 80 kilometres an hour. A few weeks later, he got a ticket for running a red light.

“What I did that day was the safest thing I could have possibly done. But you have a city that says, ‘We don’t care. We’re going to charge you for everything we can.’ That’s not right,” Aisaican-Chase said.

A friend introduced him to Todd Dube, founder of Wise Up Winnipeg, a local advocacy group that calls for longer amber light times and the end of photo enforcement.

The group says both are about money, not safety.

It was a win-win. Dube admits he was looking for a higher-profile case to challenge the city’s amber light times. Aisaican-Chase had been hesitant to pick a fight with the city, even though he felt contesting the ticket was the right thing to do.

Not only did Dube offer to cover legal fees and pay to fly in traffic engineering experts to testify on his behalf, but having Dube in his corner helped ease his anxiety so he could focus on fighting cancer, Aisaican-Chase said.

For Dube, the situation triggered déjà-vu. Ten years earlier, at the same intersection, he was ticketed for pushing an amber light.

He contested the ticket and lost, sparking the creation of Wise Up Winnipeg.

“It’s sort of a culmination of 10 years of effort. We’re the only city in the world that has amber light times this short and it’s just not safe. But (the City of Winnipeg is) profiting off it. And for the city to have been profiting off this for 10 years, while I’ve been screaming from the rooftops, just pisses me off,” Dube said.

“It’s absurd that it’s taken 10 years and at least $150,000, probably closer to $200,000, in legal fees trying to fight this issue and get (officials) to respect the facts,” he said.

‘I’m fighting to prove the laws of physics apply to Winnipeg’– Todd Dube, on battling city hall over its amber traffic light policy

“I’m fighting to prove the laws of physics apply to Winnipeg.

“My kids were in diapers when I started this fight. Now they’re almost ready to drive cars themselves.”

When the Crown first learned about Aisaican-Chase’s illness, it tried to drop the ticket.

However, he refused, insisting it should be contested in court. Citing his terminal diagnosis, Aisaican-Chase was allowed to testify prior to his trial in April 2017, hoping his case will force the city to reconsider its policy.

City of Winnipeg officials did not respond to a request for comment.

Now, 30 months after Aisaican-Chase allegedly blew through that red light in October 2015, the matter will finally be resolved.

Should he lose, Aisaican-Chase — backed by Dube — said he’ll appeal to a higher court. He plans to keep fighting for as long as he has to — or as long as he can — until he feels justice is served.

“I’m past when I was supposed to have died. It’s in God’s hands. But my intent is to see the end of this thing, even if it takes an appeal. I really care about this city. I really care for the citizens here,” he said.

“This has got to stop. It’s a dying man’s wish. I wish I could run for mayor. I’d rather drop dead than have this city keep charging people unfairly.”

— with files from Jane Gerster

ryan.thorpe@freepress.mb.caTwitter: @rk_thorpe