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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
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