Will History Repeat Itself? Remember when Toronto Police acknowledged Mass Arrests at G20 were unacceptable?
A mere 10 years ago, the actions of the police at the G20 Summit in Toronto resulted in Superintendent Fenton being found guilty of misconduct. Many other officers were also convicted of offences under the Police Services Act.
How quickly we seem to have forgotten that unlawful actions by police officers can result in findings of guilt.
Yesterday’s arrests across downtown Toronto were not based on any lawful authority. For several weeks now we have been pointing out the fact the legislation upon which the Public Health orders are based does not supersede any Charter Right (EMCPA 7.0.2). Citizens still have the right to protest without intervention from the state.
While the new Stay-At-Home order, filed under the EMCPA, speaks to enforcement at large gatherings, it does not include protests. Peaceful protests are a guaranteed right in Canada. If the Province wants to infringe on that right they must invoke Section 33 of the Charter and acknowledge the restrictions they are placing on our fundamental freedoms. Instead, our government would rather keep law enforcement liable to the inevitable future court rulings.
Why omit the word “Protest” from the legislation? Because our government would rather direct police services to interpret the term “Large Gatherings” to include anything, including our protected right to protest.
Look at the wording in the most recent Toronto Police Press Releases. Why won’t they refer to these “large gatherings” as protests? Because they know Canadians have a Charter Right to protest.
Protesters were arrested for Common Nuisance. Refer to Canadian Criminal Code Section 180(1). Pay special attention to the definition of Common Nuisance Section 180(2)(b).
If we contrast the actions of police command and police officers from across Canada with the actions at G20, it is clear they are putting themselves in positions that could result in civil liability, Police Services Act charges, and criminal charges.
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