Law Times - Newsmakers

Dec 2010 Newsmakers

The premier weekly newspaper for the legal profession in Ontario

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news G20 sparks massive legal fallout BY ROBERT TODD bly wrong came with word that $50,000 had been spent on a fake lake intended to woo interna- tional reporters. Critics continue to slam the $1.3-billion price tag for the world leaders' tête-à-tête, but the legal fallout from con- troversial security tactics could prove more lasting. The most consistent cries T Canadian Civil Liberties Association general counsel Nathalie Des Rosiers was a key critic of police actions during the G20. of foul play have come from the Canadian Civil Liber- ties Association. The group's general counsel Nathalie Des Rosiers said the arrests of more than 1,100 people during the summit — considered the larg- est mass arrest in Canadian history — constituted an over- reaction by authorities. She called the arrests a widespread infringement of the Charter of Rights and Freedoms, which forbids arbitrary detention or imprisonment and ensures the freedom of peaceful assembly. Des Rosiers noted that five of the CCLA's represen- tatives assigned to monitor the action were themselves arrested after being lumped in with protesters. She didn't buy the police rationale that extraordinary measures were needed to protect world leaders who attended the June 25-27 meetings in Huntsville, Ont., and Toronto. "They cannot go beyond the law," said Des Rosiers. "You go after the people that have committed the crimes and you don't arrest 1,000 innocent people. I mean, there were bystanders, women with groceries, journal- ists, and so on." When the world leaders left town, focus quickly shifted to accountability. Questions were asked about the process that saw a secret law — believed to allow police to arrest anyone found within five metres of a security fence and unable to show identification — passed by pro- vincial cabinet. It later became clear that the law simply allowed police to search people trying to go inside the secure zone, but police and politicians failed to clarify that during the summit. In October, Ontario ombudsman André Marin was 14 December 2010 he first hint that last summer's G8 and G20 summits might go terri- set to submit a report on the circumstances surround- ing the creation of the law to Queen's Park. The Ontario government has created a review of its own led by Roy McMurtry. The former chief justice and attorney general will look into the province's use of the Public Works Pro- tection Act to secretly pass the measure. The province rejected calls for a full public inquiry into police actions, which included the confinement or "kettling" of hundreds of protesters during a cold down- pour. Those calls were complicated by jurisdictional squabbles as officers from police departments across the country contributed to the security presence. In the end, the Toronto Police Services Board formed an independent civilian review, led by former Ontario Court of Appeal justice John Morden. However, that probe will be restricted to an investigation of Toronto officers' actions. The Office of the Independent Police Review Director will also look into complaints regard- ing the actions of other officers. In addition, Toronto police also conducting an internal review of its summit activity. The civil courts have been called into action during the summit aftermath as well. One class action names 51-year-old office administrator Sherry Good as repre- sentative plaintiff. She was among a group of about 250 people corralled by police at the intersection of Queen Street and Spadina Avenue in Toronto on June 27. The claim seeks $45 million in financial compensation for all people arrested or detained but not charged in relation to the summit. The Toronto Police Services Board and the attorney general of Canada are named as defendants. A separate action seeks $115 million on behalf of about 1,150 people, including business owners whose property suffered damage during the summit. The attor- ney general of Canada and the Toronto and Peel police boards are named as defendants. On the criminal side, 315 people were charged with offences related to summit protests. Controversy swirled around the legitimacy of many of the charges, with dozens eventually withdrawn by the Crown. The CCLA complained that the roughly 800 people who were arrested and released would nonetheless be saddled with internal police records. As well, there were concerns about stringent bail conditions placed on alleged protest ringleaders. Alex Hundert, who faces three counts of conspiracy, was arrested in September for participating in a panel dis- cussion at Ryerson University after police deemed it a public demonstration, which he was not permitted to participate in pursuant to bail conditions.

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