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407ETR Matters

407ETR MATTERS: 407 ETR’s Argument to Supreme Court is Disrespectful

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By Tammy Flores
June 4th, 2014 Edition

I have to say, my blood has not boiled over, EVER, so much as it has reading 407 ETR’s submissions to the Supreme Court of Canada. Have they no dignity? This is a waste of taxpayers’ money, for this highly esteemed court, to be even called upon to entertain this company’s stretch of imagination. 407 ETR has to be one of the most arrogant companies I have ever encountered, in my life. How disrespectful this company is to the people they are supposed to serve with their “product”. This company is putting themselves in the shoes of the Province, talking as if they have the authority to speak for the Province. Who gave them that authority?! What law gave them that authority?! THERE IS NO SUCH LAW!!!!

According to the Concessions Agreement between the Province and 407 ETR, it is clearly written in Sections 1.17,2.11 and 3.1 that 407 ETR is to adhere to ALL laws and regulations in force when operating the Highway. The Concession Agreement defines those laws as the laws of Canada and Ontario. THIS IS IN PLAIN LANGUAGE! If the Legislature intended to provide 407 ETR with an exemption from any Canadian or Ontario law, it would have explicitly stated so in the Concession Agreement or the 407 Act. NO SUCH CLAUSE EXISTS!

407 ETR IS NOT A REGULATORY BODY! It’s a company that provides a service to its customers and profits to its shareholders. If you don’t pay your 407 bill, it is not a Provincial Offense. Please refer to the article on how it is they have this unique ability to deny a person’s plate http://407etr-abuseofpower.com/index.php/407-etr-fees-interest-are-not-fines%e2%80%8f/

Just because 407 ETR has the unique ability to compel the Ministry of Transportation to deny your plate for non-payment, it doesn’t mean that they are without scrutiny for how they apply for that unique privilege. This is something that is missing and needs to be addressed. This privilege ought to be taken away from them because of their arrogance. Very minimally, this privilege of theirs needs more regulations to avoid the type of predatory behavior this company is notorious for!

The 407 Act and the Regulations as they stand now, contain a dispute and appeal process to an arbitrator which can provide relief to contest the liability for paying tolls and additional charges on any of the following exclusive grounds:

(a) the toll was paid in full;
(b) the amount of the toll was incorrect;
(c) the vehicle, the numbered plate or the toll device registered to the person was lost or stolen at the time the toll was incurred; or
(d) the person is not the person responsible for the payment of the toll under subsection 13(1).

Besides the fact that Arbitrators need more jurisdiction… more relief measures in place… because of this company’s blatant disrespect for the Ontario public, the Province hasn’t even been able to ensure that Arbitrators are available to handle the narrow grievances listed above. The Lieutenant Governor’s office appoints Arbitrators each and every year, however, the public has not been successful in using them. This company has blatantly ignored this provision in the Act and has pushed people, blindly, through their self-serving, internal dispute process that is NOT FAIR and does not recognize the 4 narrow points listed above. ATROCIOUS BEHAVIOR!

Now the 407 ETR is trying to hide behind legislation designed for the Province if it had a problem with jurisdiction?! Let me be the first to emphatically say that if the Province thought that their jurisdiction was being questioned or compromised, it would have made itself party to this application. THE PROVINCE DID NOT! So how can the 407 ETR actually have the nerve to speak as if it is standing in the shoes of the Province?! DISGUSTING! I am so fed up with this company’s arrogance!

On behalf of the thousands of victims to this company’s predatory behavior I make an appeal, through this article, to the Supreme Court of Canada to please, put this company in its place! We are tired of their abuse of process, winsome words and disrespect. The 407 ETR themselves in #53 of their submission said “The Ontario Legislature has the undoubted power to set the terms for issuing vehicle registration permits”. We agree and want the Province to do just that. The fact that the Province has remained silent in this matter says more than many words. 407 ETR IS OUT OF LINE!

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407ETR Matters

Exploring environmental racism and its impact on Indigenous, Black, and other racialized communities

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Photo Credit: Drazen Zigic

BY KAHA G.

The Canadian Senate’s recent passage of legislation to address environmental racism marks a significant milestone in Canada’s pursuit of environmental justice. The Environmental Justice Strategy Act requires the government to explore how racial and socio-economic factors influence environmental risks and create a national strategy to address environmental racism. This development has generated widespread celebration among advocates for: social justice, environmental protection, and public health.

To understand the significance of this milestone, it’s essential to know what environmental racism is. Environmental racism refers to the placement of harmful industries and environmental hazards in: Indigenous, Black, and other racialized communities, which also have less access to environmental benefits. For a more general definition, the US Environmental Protection Agency defines environmental justice as ensuring all people have equal protection from environmental hazards and equal access to decision-making for a healthy environment.

With that covered, let’s go into the facts. The Environmental Justice Strategy Act requires the Canadian government to explore how racial and socio-economic factors influence environmental risks. It will also create Canada’s first national strategy on environmental racism and environmental justice. This follows a 2020 UN report that highlighted how marginalized groups, especially Indigenous peoples, face unacceptable environmental conditions compared to other Canadians.

Nearly 30 years ago, the United States initiated a similar environmental justice program. Canada’s new law aims to establish equivalent protections. Dr. Ingrid Waldron, a leader in studying environmental racism, stressed that better data collection is essential. She noted that the formal data on environmental racism in Canada is incomplete, leading to a lack of comprehensive understanding of the issue’s severity. According to Dr. Waldron, without proper action, the negative impacts on people’s health and well-being will persist.

Passing the Environmental Justice Strategy Act is a significant step in acknowledging and addressing environmental racism in Canada. The next task is to develop a strategy that reflects the experiences and needs of those most affected. Advocates emphasize the importance of involving these communities in creating effective solutions and call for the government to provide adequate funding for these initiatives.

Bill C-226, which started as Bill C-230, was reintroduced and supported by key political figures, including MP Elizabeth May and Senator Mary Jane McCallum. Its passage was celebrated by several groups, such as: the Canadian Coalition for Environmental and Climate Justice (CCECJ), Environmental Noxiousness, Racial Inequalities and Community Health Project (The ENRICH Project), Black Environmental Initiative (BEI), Breast Cancer Action Québec (BCAQ), Canadian Association of Physicians for the Environment (CAPE), etc.

Before I end this article, I would like to share a quote from one of the group’s reactions to the bill, specifically the Breast Cancer Action Quebec (BCAQ)

“Breast Cancer Action Quebec is thrilled that the Senate has passed the Environmental Justice Strategy Act. And we are even more impressed by the determination of Dr. Ingrid Waldron and her decades long fight to require Canada to formally reckon with its perpetuation of environmental racism. Every day brings examples of corporations egregiously polluting with impunity the air, water and soil of neighboring communities that are most often Indigenous, racialized or low-income. Now Canada will have to map and answer for this treatment.” 

The passage of the Environmental Justice Strategy Act marks a significant milestone in Canada’s pursuit of environmental justice. By acknowledging and addressing environmental racism, Canada can create a healthier and more just environment for all.

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407ETR Matters

Diplomacy Doesn’t Work with 407 ETR

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BY TAMMY FLORES

We have heard many stories in the media whereby 407 ETR incorrectly billed people due to 407 ETR’s equipment failure. Double billing, not recording the entrance or exit and misread plates seem to be the main issues with 407 ETR’s equipment. Generally, if one of those stories hits the media, the company is very quick to save face, apologize for their mistakes and right their wrongs. But what happens when they try and charge the person the company claims actually owns the charges?

You have read about my case in the past few articles. The company refuses to prove any lawful charges occurred and feels entitled to thousands of dollars in fees and interest. No matter how much you protest that the company made mistakes and had many opportunities to make it right but didn’t, the company says you owe whatever they say you owe. That is not fair at all and I hope to find a lawyer to take these guys on once and for all.

Generally speaking, it’s a business decision whether or not to sue. It’s comes down to dollars and cents. What costs more, the bill or a legal defense? That’s why some issues should be a Class Action or you need to find a lawyer that will sue on contingency. When you are doing something that benefits the public, this is the fair way forward, but it’s difficult to find a lawyer that can handle the risks associated to this kind of a lawsuit.

In all my attempts over the years to resolve my issues with 407 ETR, the company kept giving me false information and tried to justify their behavior. They never accepted their mistakes. They never attempted to right their wrongs. They continue to keep me in Plate Denial in an effort to extort thousands of dollars that is not owed to them.

My most recent communications with 407 ETR’s internal Ombudsman’s office was short and sweet. They refused to answer any questions and just tried to brush this off like I was going to go away and just pay because they said so. Those who know me know that will never happen. This company will never receive another penny out of me… and not just because pennies don’t exist anymore. They won’t receive any money because I don’t owe them any money.

I have decided to move out of Province because I no longer want to live in a Province that prop’s up a company like this. I will then be able to own my own vehicles and put the shenanigans of this Province behind me. This is going to be my last article in the Toronto Caribbean Newspaper. I will be posting to the Stop 407 ETR’s Abuse of Power website from time to time, but this is the only way for me to win against this bully company. Thanks for reading all these years. I wish you all the best.

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407ETR Matters

407ETR Asks Us to Do Them a Favor

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BY TAMMY FLORES

In my last article, I spoke about how 407 ETR started to send out what the company is calling a “discretionary interest adjustment” http://407etrabuseofpower.com/index.php/407-etr-sends-out-a-discretionary-interest-adjustment/. In the article, I posted a forty minute call I had with one of the company’s customer service representatives.

Last week, I got a call from Kevin Sack. Kevin Sack is 407 ETR’s Vice President of Government Relations and Communications. He said he was calling to ask me to do something for the company. Although I remained silent in the conversation, in my mind I was saying, “are you freaking kidding me?” He wanted me to remove the phone conversation I had with the company’s customer service representative. I told him that if the company would treat me fairly I would, but because they still won’t deal with me, I am leaving it there and now I am releasing the phone call I had with Kevin Sack. https://youtu.be/RnPFDRyGyos

In North Carolina, they have a policy that addresses when toll bills should be mailed. GS 136-89.214 has been around since 2013, and the ninety day rule has been in place since then. It currently reads as follows: “If a motor vehicle travels on a Turnpike project that uses an open road tolling system and a toll for traveling on the project is not paid prior to travel or at the time of travel, the Authority must send a bill by first class mail to the registered owner of the motor vehicle or the person who had care, custody, and control of the vehicle as established under G.S. 136-89.212(b) for the amount of the unpaid toll. The Authority must send the bill within ninety days after the travel occurs, or within ninety days of receipt of a sworn affidavit submitted under G.S. 136-89.212(b) identifying the person who had care, custody, and control of the motor vehicle. If a bill is not sent within the required time, the Authority waives collection of the toll. The Authority must establish a billing period for unpaid open road tolls that is no shorter than fifteen days. A bill for a billing period must include all unpaid tolls incurred by the same person during the billing period.”

In other words, if their tolling authority doesn’t send a bill within ninety days, they waive all tolls. That seems fair to me, but 407 ETR doesn’t see it that way. They falsely believe they should be able to get thousands of dollars in interest and fees for their mistakes and when you tell them you aren’t paying for their mistakes, they place you in plate denial. You no longer can drive a vehicle. How is that fair?

Had the Province of Ontario developed a policy like North Carolina’s, it would have prevented the predatory practices 407 ETR has been accused of for so many years. My group would never have been necessary. While I do really believe Mr. Sack when he says the company has heard my concerns, I am puzzled as to why they don’t just treat me fairly. I know the company has heard me because I see the changes the company has made and while it’s a positive step forward, there’s still more work to be done. They still need to deal with me. But so far the company is burying their head in the sand. They think leaving me to languish in plate denial forever that someday I am just going to pay some fictitious bill. After all of these years you would think they would realize that I am not paying them anything and apologize for their mistakes. Not this company. They will never surrender and neither will I. We will be in a stalemate forever.

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