Civil Liberties and the G20Les libertés civiles au G2-

Nathalie Des RosiersCanadian Civil Liberties Association

Association canadienne des libertés civiles

• The right to freedom of assembly places obligations on the police. The starting point for the police is the presumption in favour of facilitating peaceful assembly. However, the police may impose lawful restrictions on the exercise of the right provided such restrictions are lawful, have a legitimate aim (such as the interests of public safety or the protection of the rights and freedoms of others) and are necessary and proportionate.– 1st recommendation, Adapting to Protest from Her Majesty’s Chief Inspectorate of

Constabulary, 

Thèmes

• Une tolérance et compréhension limitées de la liberté de réunion pacifique par le grand public ;

• Un prise décision peu démocratique• Un régime d’imputabilité des plus faibles• La nécessité d’une réforme du droit?

Themes

• A fragile understanding of the Freedom to Assemble Peacefully;

• A poor and undemocratic decision-making framework for policing and security;

• A weak accountability framework for policing

• Necessity of an improved legal framework for public order policing?

Outline

• Preparation for the G20

• Chronology of Events during the Summit

• On-going work on Accountability…

Preparation for the G20

• Approaches to protests groups– Limits of infiltrations? (Police de Montréal)

• CCLA’s meeting with the police– Statement of concerns– Sonic Cannon

The fence and the routes

• Apec Report, Justice Hughes:– protesters have the right to be seen and heard by

the delegates• The Fence became a symbol• Approved routes never got close to the fence

Pre-summit Legal Challenges

• The Fence : Tremblay c. Canada (Qué S.C.)• Sonic Cannon– Protocoles developed as the litigation was

unfolding;– Decision found that the Toronto Police protocole

for the use of the Alert function was inappropriate– LRAD was used but not the Alert function– On-going

The Public Works Protection Act

• 1939 statute• Public works must be protected: highways,

canal, etc.• Police powers:– search anyone approaching the public work– Demand identification and statement of purpose– Use as much force as necessary to remove

someone on a public works without a lawful purpose

The Public Works Protection Act

• Letter of Chief William Blair on May 12th asking for additional powers ‘for abundance of caution’

• Convoluted designation of sidewalks, highways, parking lots inside the fence;

• Published in Elaws – temporary ( during the Summit) and to be published in the Gazette after its expiration

• One arrest on the Thursday – Mistaken description of the area – Correction by the Premier… Ombudsman investigation

Chronology

• Monday June 21st – Thursday June 24th– Peaceful, well orchestrated marches, illegal

searches , overwhelming presence, unmarked cars• Thursday -Friday June 25th– Arrest and searches under the Public Work

Protection Act – Peaceful but more tense, illegal searches again,

skirmishes but nothing major,

Chronology

• Saturday June 26th – Vandalism in the afternoon: 4 or 5 police cars burning, no

police around the vandalized places– Charging of the crowd at Queen’s Park– Charging of the crowd at Esplanade – Mass arrests in front of Novotel– Arrests through the night

• Sunday June 27th– Arrests at the Graduate Residence– Charging the crowd in front of the detention centre– Queen’s and Spadina Mass arrests in the rain

Centre de détention

• Chaos• Pas de droit à l’avocat• Mains liées, conditions difficiles, cages • Attitude homophobe et sexiste, violation de

protocoles sur les fouilles à nue.

The Detention Centre

• Chaos• No right to lawyer• Hands tied, no phone, no shoes, in large cage-

like cells, 20 – 30 • Sandwiches and water, garbage• Reported Incidents of abuses: strip searches,

sexist and homophobic slurs• Releases across town : no shoes, no money

The Result

• 1105 persons arrested throughout the week-end, – 113 were released at the scene with no charge laid.– 714 were charged on breach of the peace, were detained by

police for up to 24 hours, and were released unconditionally with no charges laid.

– 263 were charged with offences and were detained by police for a bail hearings

– Less than 20 charges are proceeding

• Charges dismissed, ‘ peace bonds deals’, paperwork lost, bail conditions,

The response

• Two Class actions• Individual actions• International pressions• Reviews: Ombudsman, McMurtry Review,

Internal Review

Awaiting

• Toronto Police Service Board Review• OIPRD: systemic review• Repeal of the Public Works Protection Act• RCMP, CSIS, • Clarification on the Sonic Cannon

Conclusion

• Discourse of hate towards protesters

• Who decides what level of security and policing is appropriate?

• Need for law reform? – Limitations on common law powers– Transparency and clarity