The Dominion - criminilization of dissent

G20 Fallout Continues

dawn — Fri, 13 Jan 2012 11:54:08 +0000

Legal battles and jail time continue months after the showdown in Toronto

GUELPH, ON—Though the G20 summit in Toronto is long over, communities organizing against austerity continue to feel the sting of state repression. Of the over 1,100 people arrested in conjunction with protests against the G20 meetings in Toronto, 66 still face legal battles, house arrest and jail time.

On November 22, 11 of the 17 people facing a complex set of conspiracy charges had their charges dropped. As part of a plea bargain, the other six will serve more jail time.

Leah Henderson, Peter Hopperton, Erik Lankin, and Adam Lewis are in the course of serving their sentences of 10 months, five-and-a-half months, three months, and three-and-a-half months, respectively. These sentences are being served in addition to time spent in pre-trial detention—a period of as much as 70 days in the case of Lankin. Henderson is in Vanier prison in Milton, Ontario, while the other three are at Penetanguishene Central North Correctional Centre.

“Let people know that I’m not being wrecked by prison,” Lankin told The Dominion from jail. “It’s something to get through and I’m looking forward to continuing to organize when I get out.”

Also as part of the group plea deal, Mandy Hiscocks—who is being sentenced today—is expecting to serve 16 months and Alex Hundert is expecting to serve an additional 13.5 months.

“To those in jail or still on charges from the anti-G20 protests, to political prisoners and prisoners in struggle, we are still with you,” reads a statement put out by the 17 co-accused in late November.

In addition to this “main conspiracy group,” others are still facing G20-related charges and possible jail time, including George Horton, Ryan Rainville, Kelly Pflug-Back, Greg Rowley, Emomotimi Azorbo, Julian Ichim, Dan Kellar and Byron Sonne, among others.

Horton, from Peterborough, faces “a string of charges including three counts of mischief over [$5,000], assaulting a police officer, disguise with intent, possession of stolen property under [$5,000]” and possession of a dangerous weapon, a support call-out for Horton reads.

“Since the charging of six community organizers and eleven dropped charges, [Horton] and others being charged with ‘on-the-ground’ offenses such as mischief and assault, face an even heavier likelihood of being scapegoated by the court, in an effort to justify the billion dollar G20 budget and the ensuing violence of police,” reads Horton’s support statement. The Dominion was unable to reach Horton or his support team before this article went to print.

Ryan Rainville was charged with “on-the-ground” offences and plead to three counts of mischief over $5,000 in early December.

In his statement to the court, Rainville insisted on his rejection of the colonial, racist court system. “I have plead guilty to the destruction of state property, and while awaiting trial and sentencing I have spent more than three months in jail, nine months on house arrest, and two months living under strict bail conditions,” he told the court. “I have been beaten and condemned for my political beliefs, and I have served enough time in punishment for the damage that I have accepted responsibility for. It is time now for the state to set me free,” he said.

Rainville was sentenced to four months of house arrest at the Sagatay Toronto men’s shelter, on top of the time that he has already served. The Crown is currently appealing his sentence.

“I know at the core of my gut that I didn’t do anything wrong,” Rainville told The Dominion. “This is how the state is going to react,” he added. “We need to band together and stay solid, even in the face of it.”

Still ongoing is the trial of Kelly Pflug-Back, whose original charges included assaulting police with a weapon and conspiracy, though these charges have been dropped.

“There was nothing to suggest that I assaulted a police officer with a weapon,” Pflug-Back told The Dominion. “They just wanted to slap that on to my case as a way to really crack down on me and keep me on house arrest.” She continues to face charges of mischief, which she is still waiting to have resolved.

While serving more than a month in pre-trial detention, Pflug-Back was denied medical treatment for her chronic polyautoimmune disorders, which include thyroid disease and fibromyalgia. “They violated my right to access medical care. They violated my right to freedom of movement,” she told The Dominion.

Following her detention, Pflug-Back was put under stringent house arrest and was forced to be under the direct supervision of her parents while outside of the home. Once again, this made access to medical treatment nearly impossible. “They violated my right to not be subject to arbitrary detention,” said Pflug-Back. “I was basically under the same kind of conditions as someone accused of manslaughter.”

According to Pflug-Back, a plainclothes homicide detective made an appearance at each of her court dates. “The police were really taking [my case] personally. They had bought into this portrayal of me as being this rabid cop hater. It hurt their feelings, you know? You have to have a little compassion.”

Greg Rowley is also charged with “on the ground” offenses, but could not be reached by The Dominion before this article went to print.

Emomotimi Azorbo, who is described as an “apolitical person,” was confronted by police at the G20 as he was crossing the street. Azorbo, who is deaf, did not hear the police were shouting at him. He was then targeted by police for noncompliance. “There was a bit of resistance when police handcuffed him because he didn’t know what was happening,” Azorbo’s lawyer Howard Morton said in an article published in The Lawyers Weekly.

Azorbo was denied an unbiased, non-police sign language translator while in custody. Despite his treatment in detention, the charges of assaulting a police officer and resisting arrest are being pursued against him—charges that Morton resolves will “embarrass” the Ontario government.

On December 13, Sterling Stutz, who had her charges withdrawn as part of the “main conspiracy group”, stood in front of Old City Hall in Toronto at a support rally and media event for defendant Julian Ichim. “The police spent over a billion dollars on policing for the G20, they arrested over a thousand people, and what they got was a handful of charges,” Stutz told the crowd that had gathered for the rally. “These arrests were basically bought with that money.”

Stutz was among those attending court in support of Ichim, who is facing charges on three counts of disobeying a court order for having posted his personal account of interactions with an undercover police officer.

The officer operated under the alias “Khalid Mohammad” (the officer’s real name is Bindo Schowan) as a participant in social justice groups for more than a year in advance of the G20. Ichim posted his account of Schowan’s impacts of the community during the publication ban that forbade the publishing of identifying information relating to undercover officers.

In his blog, Ichim describes his story of befriending the undercover, referring to Schowan only by his pseudonym. Two days after publishing the blog post, Ontario Provincial Police officers arrived at Ichim’s house with an order that he withdraw his post. Ichim refused. “I wasn’t caught at a protest for causing trouble, but was sitting home quietly telling my story on the internet,” he told the crowd at the rally.

Dan Kellar is in a similar situation as Ichim. He faces charges after publishing a blog post on www.peaceculture.org. He is facing two counts of criminal defamation and one count of counsel to assault, also stemming from a blog post about G20-related incidents. The charge of counsel to assault relates to one particular line in the post that reads “spit in [the undercover’s] footsteps and scoff at his existence if you see him.”

Kellar is still awaiting the resolution of his charges.

Byron Sonne faces charges of possessing explosive substances. The security consultant denies having malicious intent. Sonne first appeared on the police radar for photographing the G20 security perimeter. The support team for Sonne declined a interview request with The Dominion, explaining that it's proving risky for them to speak publicly at this juncture in the trial.

According to numbers released by the Ontario Ministry of the Attorney General in December, of the over 1,100 people arrested at the G20, 330 people appeared before the court. Of them, 201 had their charges dismissed or withdrawn. In all, 32 people have plead guilty, 39 people have seen resolution through diversion programs, and 34 are still awaiting resolution to their charges.

Shailagh Keaney is a writer and community organizer currently based in occupied Neutral territory in Southern Ontario.

Justice for our Communities March, G-20

G20 Over, but Legal Woes Drag On

Tim McSorley — Fri, 13 Aug 2010 12:14:16 +0000

Three hundred to appear in court, G20 organizers face police threats as arrests continue

TORONTO and MONTREAL—Nearly two months after the G20 protests in the streets of Toronto, hundreds of people are slowly moving through the legal system. They face a wide range of charges, from obstruction to conspiracy, and a variety of possible punishments, from fines to serious jail time.

The complexities of the justice system can be difficult at the best of times, but with mass arrests and what many see as politically motivated charges, things have become more daunting.

“The court system is incredibly alienating,” says Ryan White, a lawyer working with the Movement Defense Committee (MDC). “That's why [the courts] are used, to use up time and energy to destroy social movements.”

While it’s difficult to predict the outcome for people facing charges, an estimated 300 people – mainly those who were arrested and held at the detention centre set up in a former film studio in Toronto’s east end – are slated for “set date” court appearances on August 23.

A set date is the first step in the trial, where the accused will be able to clarify their exact charges, will be given their next court dates, and will possibly receive disclosure – meaning they will be permitted to see the evidence being held against them.

Since the set date hearings are not arraignments, defendants will not plead innocent or guilty, but resolution discussions – otherwise known as plea deals – may take place. A spokesperson for the Crown's office refused to comment on the possibility of such negotiations, though Riali Johannesson, another lawyer who volunteers with the MDC, says such discussions are common-place.

Those who remember the temporary bail court hearings immediately after the G20 summits may doubt the wisdom of processing 300 defendants in one day, but both Crown prosecutors and MDC volunteers believe there should be enough resources and staffing for the process to move smoothly. According to Johannesson, legal defence volunteers are in contact with the Crown to find ways to ease the process and ensure hearings do not drag on.

That is reassuring for the dozens of people who will come in from out of town for the hearings, including 110 people from Quebec alone. Montreal’s Anti-capitalist Convergence (CLAC), which organised buses to Toronto for the G20 summit, is organising transport and lodging for those who need to travel to Ontario for their hearings. Other out-of-town defendants, including most from BC, have secured legal counsel to represent them so they do not need to make the 4,000km trek.

There is a possibility that some charges will be dropped on August 23, and that others may be downgraded following resolution discussions. No one will be obliged to take plea deals and groups like CLAC have expressed hope that enough funds will be raised to enable individuals who wish to challenge their charges to do so.

Fundraising takes time though, and in both Montreal and Toronto, where the two main pushes for fundraising are taking place, it is estimated that at least $250,000 needs to be raised in each city in order to cover the legal fees associated with those facing the most serious charges. Farrah Miranda, a spokesperson with the Toronto Community Mobilisation Network (TCMN) was unable to confirm how much money has been raised so far. The TCMN and CLAC are both planning a series of large events over the coming weeks, though, including a performance by trip-hop band LAL in Toronto, and a fundraising dinner and art auction in Montreal as part of what will be year-long funding drives.

Some of the seventeen people co-accused on charges of conspiracy will be among those appearing August 23. All but one of them have been released on bail and face severe restrictions, including house arrests and limits on who they can associate with, on public statements, organizing or participating in protests, using laptops, cell phones and other wireless devices. Kitchener-based community organizer Eric Lankin however, has been in custody for over six weeks.

The courts have issued a publication ban against reports on the proceedings, and some have been warned that speaking to the media may constitute a violation of the bail conditions, which would leave the sureties financially liable. The sureties for Leah Henderson and Alex Hundert were contacted recently by the Ontario Provincial Police (OPP), who told them comments to the media made by Henderson and Hundert could be interpreted as a breach of their 'no advising or planning political protest' condition, according to Hundert’s brother Jonah. Such a breach would allow the police to put them back in jail.

“It's absolutely absurd and the principle behind it is disgusting,” he says, adding that if there are concerns about breach of bail conditions the proper route is to contact legal representation. “[The OPP] are basically
harassing my family, just as they try to intimidate all people who speak and stand for social justice.”

Many have been critical of the bail conditions, seeing them as particularly repressive. “The coercive bail conditions force those released into a false choice: to stop organising or to face further repression,” says SK Hussan, who, like Henderson and Hundert, has been accused of conspiracy, among other charges. “We are not simply choosing to fight for a better world; it is our responsibility to do so,” he added.

Ongoing arrests continue to evoke the spectre of the G20 mass detentions. No one knows when they will end, and Toronto police have not said they are through with arrests. In mid-July the Toronto Police Service (TPS) released a “most wanted” list of G20 protesters. Since then, the TPS have arrested several of those listed, most recently Ryan Rainville, an Indigenous solidarity activist, who was arrested in Waterloo, Ontario.

“It's clear that the police will extend [the wave of arrests] as long as they can,” says White. But he is optimistic that fighting in the courts could lead to a kind of victory for the defendants. “There are so many stories out there of people who had their rights trampled by the state who have had success in the courts. It's exciting to think about it proactively. It's one way of holding the state accountable.”

Hussan, for his part, is insistent that the focus not be on the ongoing legal battle he and others face, but on building towards a just world: “What’s become increasingly important is not just how are we going to deal with state violence, but how are we going to create the autonomous, just, free communities we all want to live in?”

For more information about what defendants can expect on August 23 and information on legal defense, visit http://movementdefence.org. For more information on legal defense fundraising efforts and news, visit http://g20.torontomobilize.org/ and http://www.clac2010.net/.

Tim McSorley is an editor with The Dominion. Megan Kinch is an activist and journalist in Toronto.

G20 police line