John Weingust
John Weingust, QC is a veteran lawyer in Toronto, Ontario, Canada. He is a Queen's Counsel, and has been involved in several high-profile cases.
Legal career
[edit]- Rights of mental health patients
Weingust represented an Ontario mental patient in a prominent human rights case during the early 1980s. The patient in question had never been charged with a criminal offense, but was held in a windowless cell at the Penetanguishene Mental Health Centre for ten years on the grounds that he was prone to violent behaviour. As his representative, Weingust planned to challenge sections of the Ontario Mental Health Act that allowed a person to be certified and imprisoned without a hearing, arguing that such policy contravened the Canadian Charter of Rights and Freedoms. He withdrew his application when the patient was transferred to a medium-security facility.[1]
Weingust became an adviser to the Canadian Association for the Welfare of Psychiatric Patients through his involvement in this case.[2] He lamented the state of Ontario's mental institutions in guest columns for The Globe and Mail newspaper, and called for significant reforms to the Mental Health Act.[3] In 1984, he wrote an opinion piece against involuntary electroshock treatment.[4]
- Parking tickets
Weingust has become well known in recent years for challenging the legality of parking tickets, mostly his own. He once claimed that he received about 60 tickets a year, and beat 59 of them. He explained to a reporter that he has studied Toronto's parking by-laws in detail, and knows how to exploit loopholes.[5] Weingust has argued that Toronto's ticketing system is essentially unjust, and is used by the municipal government for revenue rather than as a serious means of relieving traffic congestion.[6]
In 2004, he argued that Ontario's Municipal Act did not grant municipalities the power to issue traffic tickets.[7] The court did not accept his argument.[8]
- Other cases
Weingust represented a tobacco farmer who had been denied a license by the Ontario Fine-Cured Tobacco Growers' Marketing Board in 1965. Weingust criticized the board's powers to destroy crops grown in contravention of its mandate, arguing that only dictatorial regimes had ever made use of such powers.[9]
In 1984, Weingust successfully argued before the Supreme Court of Ontario that a divorced woman should receive half of her husband's company pension. This was the first such test of the Ontario Family Law Reform Act before the Supreme Court.[10]
In 2002, Weingust argued that the City of Toronto had no right to charge ticket scalpers with an offense. He argued that a bylaw requiring a licence to sell "goods, wares or merchandise" did not specifically cover the sale of tickets, and therefore could not be used to prosecute scalpers. He also described scalping as a "victimless crime" that served a useful function for ordinary consumers.[11] On this occasion, his argument was unsuccessful.[12]
Other
[edit]Weingust was appointed as Queen's Counsel in 1979.[13] He holds a fifth-degree black belt in Taekwon-Do.[14]
He was a fringe candidate for Mayor of Toronto in the 2006 municipal election, describing himself as someone "who has been fighting traffic tickets for over 30 years as an advocate for motorists".[15] He argued that parking tickets were a disguised form of taxation, and that they were illegal. He received 312 votes, finishing in 37th place. He was 76 years old during the campaign.[16]
Weingust has also written several Letters to the Editor over the years, on a variety of different subjects.[17] An avid sports fan, he wrote a 1993 feature in The Globe and Mail newspaper against a trend toward brawling in hockey.[18]
On September 25, 1991, the Toronto Star newspaper printed one of his remarks as its "quote of the day": "Justice is blind, but the jury system is its guide dog".[19]
In 2008, Weingust launched a website, [1], to voice his opinions and concerns against the unfairness of gas and oil prices to the average consumer.
Footnotes
[edit]- ^ "Man leaves cell after 10 years", The Globe and Mail, 28 September 1982, P5. For a similar case, see Bob Graham, "Medical neglect killed man, lawyer says", Toronto Star, 15 October 1975, A9.
- ^ Stan Oziewicz, "New place sought for mental patient", The Globe and Mail, 19 November 1980, P5. See also Christie McLaren, "Windowless, bare cell is home for involuntary mental patient", The Globe and Mail, 19 May 1981, P5.
- ^ John Weingust, "The shameful care of mentally ill", The Globe and Mail, 22 January 1981, P7; John Weingust, "The unjust mental health system in Ontario", The Globe and Mail, 10 December 1981, P7.
- ^ John Weingust, "When therapy becomes assault", The Globe and Mail, 26 April 1984, P7.
- ^ Jason Brooks, "A rebel with a parking spot", Toronto Star, 31 May 2000, p. 1.
- ^ John Weingust, "Toronto's shameless parking revenues", Toronto Star, 19 September 2000, p. 1. Weingust made similar arguments about provincial traffic legislation in the 1960s. See John Weingust, "The new highway legislation does very little to increase safety", Toronto Star, 10 April 1969, A7.
- ^ Jeff Gray, "No parking? No problem for this lawyer", The Globe and Mail, 15 November 2004, A12.
- ^ Jeff Gray, "Parking woes? He's got just the ticket", Toronto Star, 23 October 2006, A14.
- ^ Robert McDonald, "Tobacco farmer George Sebok versus the mighty OFCTGMB", Toronto Star, 10 September 1965, A15.
- ^ Dorothy Lipovenko, "Woman awarded half of ex-spouse's pension", The Globe and Mail, 1 September 1984, P1.
- ^ Tracey Tyler, "City, scalpers face off in court", Toronto Star, 23 May 2002, A21.
- ^ Oliver Moore, "Appeals court says no to ticket-seller's argument", The Globe and Mail, 20 June 2002, A18.
- ^ "Cabinet ministers among new QCs", The Globe and Mail, 31 December 1979, P5.
- ^ John Weingust, "Lindros would win" [Letter], Toronto Star, 24 September 1996, D10. See also Bob Pennington, "Lawyer, 42, leads adult revolution", Toronto Star, 28 September 1972, 79.
- ^ John Spears, "Debate: Issues and fairy wings", Toronto Star, 5 October 2006.
- ^ Jeff Gray, "Parking woes? He's got just the ticket", Toronto Star, 23 October 2006, A14.
- ^ See for instance John Weingust, "Is SkyDome a sports stadium or a private club?" [Letter], Toronto Star, 18 February 1989, D3; John Weingust, "Beginning of anarchy" [Letter], Toronto Star, 20 February 1989, A6 (concerning protests against the laying of charges against two police officers); John Weingust, "Esso raised gas prices eight cents overnight" [Letter], Toronto Star, 13 May 1989, D3; John Weingust, "Kordic was victim of a greedy NHL" [Letter], Toronto Star, 23 August 1992, E8 (concerning the death of a hockey player through steroid abuse); John Weingust, "Two ways to nip photo radar in the bud", Toronto Star, 18 August 1994, A20; John Weingust, "Eye-for-an-eye justice", The Globe and Mail, 19 August 1998, A17 (concerning his opposition to the death penalty).
- ^ John Weingust, "Ending the reign of goons on ice", The Globe and Mail, 5 January 1993, A14.
- ^ "Quote of the day", Toronto Star, 25 September 1991, A1.