Ontario wants to launch the Administrative Monetary Penalty (AMP) system. It’s a cute name for an extortion racket.
AMP will treat Highway Traffic Act (HTA) offences as a tax that you must pay. The accused cannot contest the charge; only discuss the amount of the penalty or perhaps the number of demerit points. This discussion will occur online with an ‘independent arbiter’.
The arbiter isn’t there to provide justice. You’re already guilty—you can only discuss the amount of the penalty. The money goes to the municipality and the municipality employs the so-called ‘independent arbiter’. The independence is a fiction.
The entire thing is an effort to bilk drivers. The government knows we must drive vehicles to exist in Ontario. Economists call this an inelastic demand. In such a demand, the quantity demanded is the same at any price because we must have it, and therefore, it may be taxed at any rate. The provincial government creates this tax by replacing the judicial process with automatic convictions and arbiters with a quota to meet—true government efficiency at last!
In 2011, the Law Society of Upper Canada specifically told the Law Commission of Ontario that AMP was not appropriate for HTA offences. The Ontario Para Legal Association rightly calls this an egregious violation of our legal rights. In rebuttal, the Ontario government imperiously states that there was a six-week public consultation about AMP that ended a couple of months ago, but I never heard of it and I haven’t found anybody else who heard about it either–some public consultation that was.
This will cause a drastic increase in the cost of insurance for residents of rent-seeking municipalities, as they will acquire artificially bad driver’s records. The term rent-seeking isn’t typically applied to government but I don’t see any alternative. Rent-seeking is seeking to increase your share of existing wealth by using the political process while not creating any new wealth. A rent-seeking government uses its discretionary and legislated authority to extract ‘rent’ for its own benefit.
What economists might call ‘rent-seeking’ is a coercive extortion racket, plain and simple. King John would feel a deep kinship with today’s Ontario government, since this type of behaviour brought about the Magna Carta eight hundred years ago.