Thank you, Mr. Chair.
I'm here speaking today as a member of the Law Union of Ontario's movement defence committee. I'm also a lawyer, but I'm today speaking as a member of that committee. Just by way of background, that's a working group of the Law Union of Ontario, and that working group focuses on providing legal support to progressive organizations and social justice activists in Toronto.
Our role before, during, and after the G-20 protest was threefold, in essence. We provided some background know-your-rights information and legal trainings to those who had expressed an intention of attending the demonstrations. Through our summit legal support project we did those workshops around southern Ontario. We also trained and fielded approximately 100 legal observers to monitor police action and misconduct, and those persons were easily identifiable wearing orange hats during the demonstrations. We also created a legal response office that would have been staffed for about a total of 12 days, from June 18 to 30, with a legal number that people could call if they were experiencing police harassment or in a circumstance of being detained or arrested, or simply to report searches or other excesses by the police. In some instances we did receive calls about police brutality.
We also--for people who had been arrested--created a list of lawyers who were prepared to offer their services pro bono to individuals who were arrested. We did end up requiring the services of all 25 of the lawyers who had offered those services for free.
We were in many cases the first non-police point of contact for the over 1,100 people arrested. We received hundreds of calls from the prisoner processing centre. We also supported those detainees and arrestees, connecting them with their parents, connecting them with possible sureties to bail them out, and also taking steps to ensure that dependants or pets or other things that needed to be dealt with while they were detained were dealt with, and also advocating on their behalf in order to obtain medication, assistive devices, or other supports.
Our direct experience in that regard I think gives us a unique perspective on the events of the policing of the G-20. I think what our experience has led us to conclude is that there are many unanswered questions that arise out of these demonstrations and the policing of them. We hope you will join us in our call for a public inquiry with subpoena powers in order to get to the bottom of those questions.
Some have characterized the policing of the G-20 summit as sort of a threefold process, characterized by police restraint initially, then negligence, and then a police overreaction later on in the weekend. Our experience diverges from that criticism. In fact we don't necessarily see the negligence for the overreaction part. We actually observed a systematic targeting of social justice movements in Canada over the period leading up to the G-20 demonstrations--and during them and after--and what amounts effectively to a systemic repression of critics and those who oppose the policies of this government.
We point out in our written submission the differences in the policing of two major demonstrations that took place in Ontario this summer: the anti-choice demonstrations on May 13, 2010, in Ottawa versus the G-20 protests, which of course took place in the last week of June 2010. One obviously didn't have a prison created for it or millions of dollars spent in preparation for the policing of it, and one did. Of course it's the second, the latter, the G-20 protests that we're here talking about today.
There are seven basic areas--and I'll go through them quickly--of police repression that we identified arising out of our committee's experience this summer, the first being searches, harassment, and detention of activists and protesters. Second was the militarization of police tactics in operational functions. Third was the use of preventative arrest and detention against protesters. Fourth was violations of a person's procedural rights when in detention or arrested. Fifth, we received considerable concern about the conditions in the prisoner processing centre, and I will spend a bit of time on that.
Also, we noted mass violations of the Human Rights Code and the Canadian Human Rights Act, which of course governs the Royal Canadian Mounted Police. Finally, there were certain indicia of the criminalization of dissent that took place over the course of those demonstrations.
I will go through them briefly, if I might. With respect to police harassment, detention, and searches, we received reports, leading up to the demonstrations, of dozens of instances of police harassment of activists and organizers, leading to home visits, workplace visits or visits at schools, involving RCMP agents or operatives contacting people seen to be organizers of the demonstrations. We received reports of 29 incidents of that type of harassment.
Between Monday, June 21, and Saturday, June 26, we received reports of over 80 people being harassed, detained, and searched by the police. We believe that many others were similarly harassed, detained, and searched but may not have known that our services existed.
Notable indicia of these types of harassment and search almost always involved pedestrians walking in downtown Toronto, generally young people who were targeted because of their appearance. Harassment was conducted by police, in our view, without reasonable grounds. It often involved groups of armed police officers surrounding those pedestrians. It invariably included searches of people's bags and pockets without any caution that they were not required to participate in that search, and often involved the illegal seizure of personal belongings, including leftist political literature. I'll just note that this was prior to the afternoon of Saturday, June 26.
In many instances the police relied on fictitious powers under the Public Works Protection Act in order to justify the detention and search of those pedestrians. In many cases they also claimed expanded detention and search powers under the Trespass to Property Act.
For example, on Friday, June 25, persons entering Allan Gardens in Toronto were told they could not enter the park without having their bags searched pursuant to the Trespass to Property Act. Further, the police, near the subway system, often would assert that the Trespass to Property Act allowed them to search people's persons and belongings.
In our view, the above and what I have described show a blatant pattern of bad-faith searches on the part of the police, and a pattern of proactive targeting of activists that began well in advance of Saturday, June 26.
We've highlighted questions that need answers, such as what were front-line officers told, and by whom, of the legal limits of their powers to stop and search persons during that period of time? What orders or directions were given with regard to police searches and investigative detentions? Who gave those orders?
I now turn to the second area of concern, that being the police militarization of operational tactics. Many of our legal observers described how there was, at Queen's Park, on Saturday, June 26, 2010, a concerted effort by police to terrorize participants in a demonstration on the lawns of the legislature.
Numerous horse charges were used. Baton charges were used. Protestors were corralled into small groups. Snatch squads would then proceed and target individuals. Tear gas and rubber bullets were used. And as I believe the special investigations unit has at least concluded, there was excessive use of force by police with respect to physical assaults of individuals who were being arrested.
In these instances, I think what we're asking is why those militarized use-of-force tactics were used against demonstrators at Queen's Park and what orders police forces were given in relation to the gathering at Queen's Park, which of course is the grounds of the legislature, which has been subject to much debate in the media and in the public.
We would also note that the legal observers we had present did not hear any announcements by the police asking the crowd to disperse at that time.
Third, I'd point to the rampant and illegal use of what we'd describe as preventative arrest and detention. The Movement Defence Committee concluded that at least 740 people were held under breach of the peace provisions of the Criminal Code. For those who don't know, that is not actually a criminal charge. That section of the code requires that in fact people be released within 24 hours.
As a result of the large-scale detention of individuals and the fact that they were held beyond those 24-hour limits, we would argue that there were breaches of police powers. We're concerned about who ordered those breaches and whether they were done to prevent or undermine further demonstrations that weekend.
Turning to the fourth area, the violations of procedural rights that I mentioned, many of the people who were held at the prisoner processing centre were not told the reason for their arrest. Those who spoke French weren't told in French. People weren't able to access counsel in a timely way. They weren't able to use the phone in a timely way. Many were held for 24 hours without seeing a justice of the peace, which is not justified in the Toronto region. There is no shortage of resources to bring people before a justice of the peace. Many who were released were subject to what we would characterize as unreasonable terms of release.
I've cited some questions that need answers with respect to those violations, most notably, who gave those orders, and were there really resource issues with respect to the undermining of those procedural rights?
You've heard much about the conditions at the prisoner processing centre. We've cited many of the accounts that we heard in the over 200 calls we got from prisoners at that centre. Many people had their photographs taken in illegal circumstances that weren't justified under the Identification of Criminals Act--i.e., they weren't charged with any offence. Many people were held without regard to proper conditions: lights were left on all night, no food or water was provided for 12 or more hours, people--