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P u b l i s h e d e v e r y We d n e s d a y a n d F r i d a y
Friday, January 23, 2015
PM41537042
Vol. 7 • Issue 59
See story on: Page 14
This week’s feature: ture:
Exploring life’s detours
Detroit Auto to … Showcase… drivewaycanada.ca anada.ca
Dancer remounts production
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Lawyer threatens suit
Dog bylaw challenged
GREG NESTEROFF Nelson Star A Nelson lawyer is threatening to sue the city over three tickets he received for walking his dog downtown, but the mayor suggests it may soon be a moot point. David Aaron claims the bylaw under which he was ticketed Monday is unconstitutional, “totalitarian,” “overkill,” and a “farce.” He also believes he is being harassed because the city didn’t give him a chance to challenge similar citations dating back to 2012. Aaron said he was walking Abi, his four-year-old labradoodle, this week from Central Bark on Ward Street, where his dog had a wash, to his office in the Medical Arts building on Baker Street when a bylaw officer ticketed him. “Put simply, we love Abi,” Aaron told the Star in an email. “My 11-year-old son has the same kind of emotional relationship towards Abi that one would have to a sibling. This dog is so much a part of my daily routine, which integrates all the members of my family. I could not imagine leaving her at home.” Aaron, a mayoral candidate in 2008, said in he was previously ticketed walking out of the post office, where staff dispense biscuits each time his dog visits. Abi is similarly received at the Nelson court registry. In August 2012, Aaron tried
to dispute his ticket on the grounds the bylaw violated his charter rights, and was “arbitrary, discriminatory and not consistently enforced.” But he says the city didn’t reply. In May 2013, he received a second ticket, which he also disputed. However, police informed him the dog bylaw didn’t fall within the city’s adjudication process and until that changed, there was no way to appeal the fine. Aaron said without providing him with a hearing, the city was violating his presumption of innocence. In a letter to the mayor and police chief this week, Aaron wrote: “I have some serious civil liberties concerns where the city continues to effect the coercive force of a bylaw that is shielded from constitutional challenge by the city’s refusal to follow through with enforcement proceedings.” He said unless the matter “is rectified to my satisfaction” by May 1, he will “seek a judicial remedy in relation to what I assert to be an abuse of process.” He wants an order quashing the three citations, each with an unpaid $70 fine, and another prohibiting the city from issuing further citations under the bylaw until his constitutional challenge is heard. It’s possible, however, that the bylaw will be rescinded first. Continued on Page 4
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Shocking transformation Nelson cultural ambassador Bessie Wapp reacts with shock and surprise when she finally sees how her makeup and wig has transformed her appearance. Wapp is playing the lead role in Hedwig and the Angry Inch. For complete details, see page 12. Will Johnson photo
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