Law Times

PAGE 12 FOCUS G20 fallout continues Civil liberties advocates hoping controversy will fuel change BY ROBERT TODD Law Times the June G20 summit in To- ronto, the police presence called in to ensure their security has left Ontario with some pressing questions about how deeply au- thorities can cut into personal freedoms to get the job done. Irina Ceric, who as a member W of the Law Union of Ontario's movement defence committee helped people who had run-ins with police during the summit, believes the fallout from con- troversial tactics will usher in a new approach. "There are so many people who are so angry about what happened to them or their friends that I think this might be a turning of the page in terms of public-order polic- ing in this province," she says. For Nathalie Des Rosiers, general counsel of the Canadian Civil Liberties Association, the arrests of more than 1,100 peo- ple during the summit were dis- proportionate. In fact, she says the police response was a mass infringement of the Charter of Rights and Freedoms, which forbids arbitrary detention or imprisonment and ensures the freedom of peaceful assembly. The CCLA assigned 50 indi- viduals to monitor the protests hile critics say world leaders accom- plished little during targeting the June 26-27 meeting of world leaders at the Metro Toronto Conven- tion Centre. Ironically, five of the monitors were arrested after getting lumped in with protesters, says Des Rosiers. Police argued extraordi- nary measures were necessary to protect world leaders dur- ing the event, but Des Ros- iers says they went too far. "They cannot go beyond the law. If indeed there was a state of emergency, then it should have been declared a state of emergency. In our view, cer- tainly there was vandalism, and you don't want to minimize the fact that there were some crimi- nal actions involved in this. But you go after the people that have committed the crimes and you don't arrest 1,000 innocent people. I mean, there were by- standers, women with grocer- ies, journalists, and so on." Des Rosiers suggests police failed to meet basic evidentiary standards when making mass arrests. "It's not because people have committed vandalism acts out in the city that you're going to arrest everyone that is pro- testing the next day or the day after," she says. "It would be the same thing as to say, 'Well, be- cause we know that somebody has committed fraud at the bank, we're going to arrest all the workers.' You need to have Henderson Structured Settlements: Your Partners in Service® the security fence a public work and thereby allowed po- lice to search and request iden- tification from pedestrians. Ontario ombudsman André Marin is probing the Minis- try of Community Safety and Correctional Services' role in the creation of a regulation en- acting that change, which the CCLA says was inadequately publicized. The organization is also Eric Gillespie is representing the plain- tiffs in a class action lawsuit resulting from the G20 crackdown. evidence before you arrest." The case law on breach of the peace is clear, she says. "You cannot just arrest everyone on breach of the peace because you think there was a breach of the peace yesterday. It has to be an immediate threat." The CCLA and others are now looking for some account- ability from police and political leaders who led the security ef- forts surrounding the summit. The results could help usher in the change Ceric envisions. Des Rosiers' group would like to see changes to the Public Works Protection Act, which was used to designate sections outside pressing for changes to the Criminal Code to update pro- visions for breach of the peace, unlawful assembly, and sup- pression of riot. In addition, it wants to see a full, indepen- dent inquiry into the actions of police. Political leaders have rejected those calls, leaving the cleanup efforts to a set of probes by the Toronto Police Services Board and the new Office of the Independent Po- lice Review Director. Observers will also be keenly watching the outcome of a pair of class action lawsuits surround- ing the summit. The first lawsuit to arise is being organized by a group of firms. Eric Gillespie of Cun- ningham & Gillespie LLP is helping lead the class action, which names 51-year-old of- fice administrator Sherry Good as its representative plaintiff. Good was among a group of about 250 people allegedly corralled by police using the "kettling" technique at Queen and Spadina streets for about four hours in the pouring rain on June 27. The claim seeks $45 million in financial compensation for all people arrested or detained but not charged in conjunction with the events surrounding the G20 summit, says Gillespie. It also seeks declaratory relief in relation to allegations regarding apparent Charter violations. The Toronto Police Services Board and the attorney general of Canada are named as the defendants. On Sept. 2, Toronto law- yer David Midanik launched a separate class action claiming $115 million. It was filed on be- half of some 1,150 people, in- cluding business owners whose property suffered damage. The claim alleges the government wrongfully enacted "policies, procedures, orders, and direc- tives that authorized unlawful and unconstitutional acts by the police during the G20 sum- mit," according to information on Midanik's web site. The at- torney general of Canada and Toronto and Peel police boards are named as defendants. Gillespie says a number of factors make a class action the best forum to manage claims stemming from the G20. It's unlikely that each of the approx- imately 800 people involved in his action would have the resources to fund an adequate lawsuit independently, he says. Also, individual claims would put a significant burden on the court system, so a class action provides judicial economy. Fi- nally, he says, a class action is the best way to accomplish "be- haviour modification" if the al- legations are proven. "Some of the things that oc- curred this weekend are not the types of things [people] associ- ate with our Canadian society," says Gillespie. The G20 class actions aren't dmitchell@structures.ca president No Cost /Obligation Services www.henderson.ca | 1.800.263.8537 ructured_LT_Sep13_10.indd 1 9/8/10 4:39:43 PM Proud Sponsor of the first to follow allegations of police misconduct during mass demonstrations. The City of Seattle has paid more than $200,000 in settlements follow- ing claims made against its po- lice department during protests at 1999's World Trade Organi- zation meetings, while a class action lawsuit remains outstand- ing. A class action settlement for about $8.25 million was also announced in relation to claims stemming from G7 and Interna- tional Monetary Fund protests in Washington, D.C., in 2002. Gillespie says it's important ntitled-10 1 9/9/10 2:42:37 PM for the courts to weigh in on police actions during the G20. Because an independent judi- cial inquiry has been refused, some people believe lawsuits are the only mechanism for that. "Some of the apparent vio- lations of human rights could certainly be construed as very significant," says Gillespie. "Consequently, in the minds of many people, it is necessary to get a judicial determination of the appropriate extent of police powers and conduct." LT Baxter_LT_Sep13_10.indd 1 www.lawtimesnews.com 9/8/10 11:52:09 AM sepTember 13, 2010 • Law Times

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