RCMP Complaint

From: "Howard Epstein" <hepstein@supercity.ns.ca>
To: sust-mar@chebucto.ca
Date: Tue, 18 Jun 2002 11:08:13 -0300
Precedence: bulk
Return-Path: <sust-mar-mml-owner@chebucto.ns.ca>

next message in archive
no next message in thread
previous message in archive
Index of Subjects


June 16, 2002

Commission for Public Complaints Against the RCMP
7337-137th Street, Suite 102
Surrey, B.C.
V3W 1A4

Re: Use of Tear Gas/Interference with Right of Assembly--Halifax N.S. =
June 15, 2002



This letter is to file a formal complaint concerning the above-noted =
actions of officers of the RCMP. I am presenting this complaint directly =
to the Commission rather than dealing with the local detachment. I do =
this in part because the complaint involves a group of officers some of =
whom are probably not normally assigned to the local detachment, and =
also because representatives of the Force have already stated publicly =
several times that their actions were professional and justified.

A. Context

Finance Ministers of the G-7 nations arranged to meet in Halifax June =
14-15, 2002 primarily at the World Trade and Convention Centre (WTCC), a =
building in the city's downtown. A part of their agenda was dealing with =
plans to assist poor nations, especially in Africa. The actual effect of =
the economic development initiatives and general trade policies of the =
advanced industrial nations is a matter of disputed public policy. =
Public demonstrations could be anticipated. This meeting was a =
predecessor to meetings to take place in Ottawa and in Alberta later, =
and public demonstrations are expected at those sessions. In advance of =
the Halifax meeting, police spoke publicly about their role. It was =
stated that it was twofold : to protect the officials and to facilitate =
the constitutional rights of the public to assemble and demonstrate. I =
heard police representatives saying this on the radio. It was also said =
that a minimum of the downtown would be blocked off during the meetings. =
I therefore felt welcome to go downtown and attend the demonstration. =
There was an initial demonstration on the evening of June 14th. I did =
not attend that, but heard nothing alarming about it.


B. Events of June 15th

I was present at Halifax City Hall's Grand Parade and Argyle Street from =
about 1 p.m. to about 2:30 p.m. My observations and comments refer =
exclusively to that time and to what I personally observed. Various =
events occurred after that time but I had left by 2:30 and make no =
observation or comment about matters I did not witness.

I spent most of my time in one spot, near the top of the stairs from =
Argyle Street to the Grand Parade. That is, about 20 to 25 feet from the =
barrier and the police. See attached plan. When I arrived, the northern =
portion of the Grand Parade was blocked by metal barriers behind which =
were about 15 officers dressed in riot gear. The corner of Argyle and =
Carmichael was blocked on the diagonal in the same way. A similar number =
of officers with GRC/RCMP shoulder patches were behind that barrier. The =
barrier had attached to it a banner which said "security barrier--do not =
cross" or words to that effect. Various other officers, some of whom =
appeared to be HRM Police were on the street near the WTCC. At that =
time, the only non-police personnel present were mainly press people; =
there were a few members of the public.

About 1:30 a march could be heard and then seen. Marchers went along =
Duke, Barrington, and Prince Streets to Argyle, and then along Argyle to =
the barriers. There were about 200 marchers. They were mostly young =
people, making noise and music, and some waved various flags and held =
signs. In sequence, the following occurred:

  a.. Demonstrators made noise and at some point took down the "security =
barrier" sign.=20
  b.. A bit later the barriers themselves were removed by the =
demonstrators. This was the line of barriers across Argyle Street. It =
consisted of about 10 low metal barriers linked together by clamps. The =
line of barriers was dragged to the sidewalk by the Grand Parade.=20
  c.. At no time did the police try to resist the removal of the =
barriers. At no time did they attempt to retrieve and replace the =
barrier. At no time were officers sent to arrest those who removed the =
barriers. At no time was anything said by the police about any =
consequences related to the removal of the barriers.=20
  d.. The situation then was that the demonstrators and the police line =
were directly face to face. Another line of police in riot gear was then =
brought in and lined up behind the first line. At no time did I see any =
shoving of the police on the line or any attempt to breach the line.=20
  e.. Someone in the demonstrators, at a distance of about 10 feet from =
the police line tried to light something (perhaps paper or a flag) on =
fire. Briefly there was a bit of smoke. No attempt was made by the =
police to put out the fire or to arrest those involved. There were a lot =
of press people including television camera operators filming =
everything. Some moved in close to film the burning. A person squirted a =
fluid on the lens of a TV camera. The operator was also pushed. I saw =
him the next day and he had a bruise and a scrape under his right eye. =
No attempt was made by the police to protect the camera operator or to =
arrest those who interfered with him. No warning was given by the police =
concerning any of this.=20
  f.. Some of the demonstrators started to throw small (baseball-sized) =
water balloons. I saw about a dozen thrown. I saw only one aimed at the =
police line. The rest were over their heads and landed on the street. I =
saw one officer on the far side of Carmichael Street sway his body to =
avoid being hit with a balloon.=20
  g.. At one point two of the demonstrators seemed to start a fight with =
each other. It was not clear what that was about. It seemed to be over =
quickly. At no time did any police officer attempt to interfere with the =
fight.=20
  h.. During this other officers arrived and were deployed on the =
streets. I believe there were about 100 officers.=20
  i.. Following the throwing of the water balloons, there was a pause. =
Then one of the demonstrators got on the stone fence around the Grand =
Parade and, using a megaphone. said that with the barriers down, the =
protest could be taken further. Although the statement received some =
mild cheers, no one moved to act on this suggestion.=20
  j.. One demonstrator came to the front and, using a slingshot, =
launched something in the air. I believe this was after the first volley =
of tear gas had been released. In any event, it occurred only once and =
was not aimed at the police line. It was aimed high in the air towards =
the WTCC. I did not see anything land although I looked. I have heard =
police say that sticks and bottles and other projectiles were thrown at =
them. If this occurred it was not during the time I was present on =
Argyle Street, and was not prior to the police use of tear gas.=20
  k.. A volley of tear gas was set off by the police immediately in =
front of their line, i.e. in the immediate faces of the demonstrators. =
So far as I could judge, about four to six containers were set off. The =
smoke formed and moved around. I received tear gas in my face. The crowd =
fell back, except for about six persons who remained sitting on the =
street at the line.=20
  l.. A second volley of tear gas was set off. Again, I received gas in =
my face. A few minutes later the wind blew more gas into my face.=20
  m.. The gas caused my eyes to sting and water. I had not moved during =
any of this time from my position by the Grand Parade fence. I used =
water that others had to wash my face. The time was then about 2:30. I =
was dressed in shorts and sandals and due to the weather I was cold. =
Between that and the unpleasant effects of the gas, I decided to leave.=20
  n.. The effects of the gas included a sore throat. I returned home and =
examined my face in the mirror. By 3:30 my eyes were still bloodshot. I =
took a nap for a couple of hours and my eyes mostly recovered, although =
there was some residual soreness the next day and the sore throat =
continued for the rest of the day.=20
  o.. I want to emphasize that I was not warned that tear gas was about =
to be used and that I had done nothing except be present peacefully on =
the sidewalk.


[. . .]


D. Analysis & Requested Actions

As I see it, the Force has its option of two choices of explanation of =
its actions. One is incompetence and the other is that it acted =
deliberately. I do not believe the former to be the case. I believe that =
the tear gas was used as a deliberate strategy of interference with =
constitutionally protected rights of assembly, free speech and political =
expression.

So far as I could see the Members who were on the line were disciplined, =
dressed in full protective gear, were not intimidated or nervous, and =
were in no physical danger.

To the extent that demonstrators took actions that were or might have =
been illegal, no steps were taken by normal police methods to interfere =
or effect arrests. In my view the minimal amount of force necessary is =
all that is ever appropriate for the police to use. The mood of the =
event was not dangerous.

In light of the experience in Canada that led to the APEC Inquiry, I =
believe that the Force should be aware of the legitimate rights of the =
public to assemble, speak, and express political opinion. I am not =
suggesting that in anything I saw individual officers took individual =
rogue decisions. I do suggest that the response was directed by senior =
officers as part of a deliberate attempt to stifle constitutional rights =
belonging to the public, immediately in Halifax and probably in the =
context of the forthcoming meeting in Kananaskis, i.e. to send a signal =
to those thinking of demonstrating there that they should expect to =
receive similar treatment. That is not acceptable.

I ask that the Commission investigate fully, including explore the =
extent to which the Force and or those elected officials responsible for =
its operations attempted to interfere with the rights I have referred =
to.

Should you wish additional information from me, just let me know. I look =
forward to hearing from you.



Yours truly,

Howard Epstein, MLA
Halifax Chebucto









HME/dgp

encl.



-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-
SUST-MAR TIP: copyright material cannot be posted to the list

CBC enviro news-briefs follow:
-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-



WHO SHOULD FOOT THE FARM AID BILL?
The issue of aid to farmers is expected to be a hot topic as the
provincial agriculture minister's meetings continue in Halifax Thursday. 
FULL STORY
http://novascotia.cbc.ca/template/servlet/View?filename=ns_farmtalk020627

'ALARMING' NUMBER OF KIDS HURT ON ATVS: DOCTOR
A Halifax doctor says children on all-terrain vehicles are hurting
themselves in alarming numbers.  Dr. Natalie Yanchar, a surgeon at the IWK
children's hospital, says she is seeing an increase in the number of
hospitalizations following ATV accidents. 
FULL STORY
http://novascotia.cbc.ca/template/servlet/View?filename=ns_atv020627

STORA MEETINGS YET TO PRODUCE SOLUTION
Talks resume Thursday to try to save the newsprint mill at
the Stora-Enso plant in Port Hawkesbury.
FULL STORY
http://novascotia.cbc.ca/template/servlet/View?filename=ns_stora020627

HARRIETSFIELD RESIDENTS VOICE WATER CONCERNS
People living in Harrietsfield are worried about the safety of
their drinking water.  
FULL STORY
http://novascotia.cbc.ca/template/servlet/View?filename=ns_harriets020627

MYSTERIOUS EMU CAPTURED
A runaway emu was finally captured and euthanized Wednesday in Colchester
County. 
FULL STORY
http://novascotia.cbc.ca/template/servlet/View?filename=ns_emu020627

© Canadian Broadcasting Corporation

next message in archive
no next message in thread
previous message in archive
Index of Subjects