No Accountability Yet for Toronto G20 Police Crimes
by TRNN
It's
been two years since the Toronto G-20, two years since more than 1,000
people were arrested, hundreds of them brutally clubbed or violently
assaulted by police. There's been a series of reports looking into the
police activities. A civilian report looked into the activities of the
RCMP, the Ontario Independent Police Review Director, the Ontario
Ombudsman, and now the Independent Civilian Review into matters relating
to the G-20 summit—that's the report commissioned by the civilian
oversight board responsible for the Toronto Police.
Now that all the
reviews are in, the question remains: have people responsible been held
accountable? And can it all happen again?
But before we dig
into all that, let's remind ourselves what the G-20 was all about.
Paul Jay: Until police and their political masters are held responsible under the criminal code, it can all happen again
PAUL JAY, SENIOR EDITOR, TRNN: Welcome to The Real News Network. I'm Paul Jay.
Let's take one more look at the big picture.The 2010 G-20
in Toronto was a declaration by the global governing elite that the
economic crisis, largely triggered by banks and financial institutions,
would be paid for by ordinary people everywhere. It was also a
declaration that force and the violation of basic civil rights would be
used against those who protest and resist bearing the consequences of a
crisis they didn't cause. The more than 1,000 arrests at the Toronto
G-20 was a statement by the governments of Canada, Ontario, and Toronto
that mass protest would be met by mass arrests.As I
pointed out in a previous report, the missing words in the G-20
declaration were higher taxes on the wealthy and higher wages for
workers—both obvious solutions to the stated goal of fighting deficits
and dealing with a serious lack of demand in the economy.
JAY:
What the G-20 leaders did agree to was this: "[The] advanced economies
have committed to fiscal plans that will at least halve deficits by 2013
and stabilize or reduce government debt-to-GDP ratios by 2016"— we know
means cuts to pensions/social services and other austerity measures. We
see this plan being played out across Europe and North America and
other countries. The arrests at the G-20 were made in defense of this
global strategy.
And now reports from the Ontario
Independent Police Review Director and the Ontario Ombudsman have made
it clear: the police services responsible during the Toronto G-20
violated citizens' right to free assembly and used excessive force in
doing so.Remember what André Marin, ombudsman of Ontario,
said: "And for the citizens of Toronto, the days up to and including the
weekend of the G-20 will live in infamy as a time period where martial
law sat in the city of Toronto, leading to the most massive compromise
of civil liberties in Canadian history. And we can never let that happen
again.
"Gerry McNeilly, the Ontario Independent Police
Review director, wrote in his report, “... many police officers ignored
basic rights citizens have under the Charter and overstepped their
authority when they stopped and searched them arbitrarily and without
reasonable grounds in law. . . . Numerous police officers used excessive
force when arresting individuals. . . ."Does there not
have to be accountability by the police and politicians who issued the
orders and swung the batons? And can it happen again?
I'd say yes,
unless the following principles are acted upon.- Violating
the right to mass protest is a crime. False arrest is a crime. Those
who made decisions that led to mass arrests of peaceful protestors
should be charged.- The term excessive use of force underplays the issue. Assault and battery is a crime. It's not simply a matter for an internal disciplinary process.The
fact that such actions are criminal is not something I'm making up. In
fact, the statement that such actions would be criminal was in the
training material shown to police before the G-20. Quote, "The training
made clear that officers may be held criminally responsible for any use
of force in excess of what is required in the circumstances," end quote.
Well,
the Ontario Independent Police Review Director and the Ontario
Ombudsman both made clear statements that there was excessive use of
force by many police at the G-20. So, if that's true, where are the
criminal charges?- Police video should be made fully
available. Officers who committed assaults should be identified and
charged under the criminal code. Earlier this year, Gerry McNeilly
recommended charges against five police officers for the beating of G-20
protester Adam Nobody at the legislature.
The same principle must be
applied to every officer that committed assault.- Why did
police feel they could use such force with impunity, even though they
knew every blow was being captured on video? Whoever gave such license
to the officers should be charged under the criminal code.Quoting
from the civilian review commissioned by the oversight board for the
Toronto Police, he says that many Toronto policemen, in violation of
Toronto Police policy, took off their badges so they could not be
identified. And what happened to those officers that one must assume
took off their badges 'cause they thought they were going to do
something wrong or illegal and something they might be held accountable
for? What happened to them? Well, here's what the report says:"In
terms of penalties imposed, 66 breaches of the rule requiring
identifiers to be worn by Toronto Police Service officers were
substantiated and led to the loss of an eight hour day of pay.
Separately, 53 breaches were substantiated that lead [sic] to a penalty
of two eight hour days of pay. The intentional non-wearing of a name
badge by an officer carrying out his or her duties is an extremely
serious offence.
It is a fundamental breach of duty for police officers
to remove their name badges so that they may exercise their powers with
intentional anonymity. The inevitable effect is to undermine the
public's trust in the police force, a trust that is essential to the
provision of effective police services."So, for something
so serious, eight hours pay. In some cases, two days of pay. And many
more badges were taken off (can be seen clearly in many of the videos)
than the numbers mentioned in the report.
The issue of
training goes to the heart of the problem at the Toronto G-20.
Police
were educated to see protesters as the enemy, as anarchists, everyone
ready to rip the city to shreds. This had to have been decided at a
senior level. And it's hard to imagine the RCMP, which was the
operational commander of the Integrated Security Unit, didn't have at
least some role to play in the training that took place. But it's still
not clear who's responsible.
We only get a hint of this in the report of
the civilian review.Many of the images and much of the
language used in the training materials to depict protesters was
unbalanced. Representations of rioting crowds, violent protesters, and
anarchists left the impression that all protesters at the G-20 summit
would engage in destructive protest activity and that police officers
would be required to respond with aggressive crowd control measures. The
police were being prepared for war.
- Both Ontario
inquiries said they were not able to investigate the role of the RCMP
and the Federal Government. A report by the Commission for Public
Complaints Against the RCMP, a civilian watchdog that supposedly spent a
year probing the force's actions during the summit, absolves the RCMP
of all responsibility, saying the policing was managed by the Toronto
Police and the OPP.But Toronto Police Chief Blair told
CBC, in an interview with Carol Off, that the operational commanders
answered to the Unified Command Centre in Barrie, and that was paid for
by the federal government and commanded by the RCMP. Chief Blair was not
even included in the command structure.
~~~CAROL
OFF, CBC RADIO: Chief Blair, you were the public face of this security
event, whether you liked it or not. How much input actually did you have
over the planning leading up to this police operation?
BILL
BLAIR, CHIEF, TORONTO POLICE SERVICE: Quite frankly, I was not involved
in much of the planning. I was aware of some of the things that were
being planned, I was being briefed, but I was not the operational
commander, I was not on the unified command team or on the steering
committee. [...] The Integrated Security Unit and the command structure
that was put in place, I was assured that it was an appropriate command
structure. There was 29 different police services, and, you know, it was
primarily—the bills were being paid by the federal government. And so I
was led to believe that that was the most appropriate command structure
for that event. [...] Operational commanders from the Toronto Police
Service, answering—you know, they were responsible for operational
decisions and answering through the Unified Command Centre located up in
Barrie.
~~~The authoritative role of the
RCMP in the operations of the police at G-20 was alluded to in the
Toronto civilian review. Here's what it said. Referring to the oversight
board when he says "Board," here's what he says: "The Board was also
not aware to what extent the Toronto Police Service was subject to the
planning direction of the RCMP, including the ability of the RCMP to
override planning decisions made by the Toronto Police Service."Somebody
is lying, and it stretches all credulity that the RCMP that was
officially in charge of the Integrated Security Unit was not, on the
day, in the chain of command that led to such abuses of people's basic
rights.
This was a federal show. And it's also beyond reason that the
political masters of the RCMP were not involved in making decisions that
let to the debacle.Until we know the full scope of the
role of the federal government and the RCMP, there will be no real
accountability, and at this point, only an independent investigation
with the powers of subpoena could carry this out. - The
public has a right to know—which means journalists have a right to
report on the scene of police actions without being threatened with
arrest. In some ways, this is the most dangerous precedent that was set
at the Toronto G-20. Journalists were sent to jail for reporting on
police actions. At the G-20, many journalists that were not obstructing
police actions were threatened with arrest for simply being on the
scene.This was not a question of misunderstanding
credentials as one of the reports suggested. Fully G-20 credentialed
journalists, like well-known TVO host Steve Paikin and Real News's Jesse
Freeston, were targeted.
This should be moot anyways, because there's
no need for G-20 credentials when reporting on the streets of Toronto.
If legitimate press credentials are displayed, that should be it.In
any case, this isn't about credential confusion. There was a clear
authorization for police to arrest journalists that would not leave the
scene. When police can operate in secret, beyond public view, this is
the basis of a police state.- The excuse for mass arrests
was the vandalism against windows and police cars. But there's strong
evidence that the black bloc tactics could have been contained or
prevented. The group had been infiltrated, and actions they undertook
were predictable. There's evidence that the police were told to hold
back while police cars burned and windows were broken, creating the
rationale for arresting more than 1,000 people who were not involved in
any of the violence. As much as I oppose trashing of
windows and other such infantile behavior, these people are not
terrorists, and such actions are far less serious than the state
effectively eliminating the right to free assembly, the right not to be
searched and detained without probable cause and to be subjected to
systematic criminal assault by the police. It's not correct to equate
the violence on the part of a small part of the protesters, and that
mostly against property, with the violence of hundreds of police
officers and all against persons.- There's been a lot of
attention paid to the Public Works Protection Act, and rightly so. But
the use of the breach of the queen's peace was as dangerous. It was the
law that gave the police the "right" to arrest most of the thousand
people. The fact that no real charges could follow when those people
were released does not mitigate the fact that they had lost their
democratic right to assemble and protest and were forcibly detained. If
this is not to happen again, the police must get clear guidelines from
the attorney general's office that this archaic piece of legislation,
meant to stop bar fights, has no place in dealing with peaceful
demonstrators.The primary mandate of the police, after
ensuring the safety of visiting dignitaries, which police acknowledge
was never in doubt, should have been to protect the right to free
assembly. The opposite is what took place.
To sum up:- Forcibly denying democratic rights is a crime. Those responsible should be charged.-
The right of journalists to report on police actions must be enshrined
in police policy and guidelines. It's simple: journalists should stay
out of the way, and if they do, they cannot be ordered to leave the
scene.- Assault is a crime. It should be treated as such.- The Public Works Protection Act and breach of the queen's peace have no place in a democracy.We
need to know the role of our political leaders at the provincial and
the federal levels, including the prime minister, whose show this really
was. They've avoided all scrutiny, except for ours. And when the basic
rights of Canadians are at stake, they cannot be allowed to shove this
onto a few police officials, and at that only mildly so.If
the people of Ontario and Canada do not make such demands, if
journalists do not insist on their rights, then we are living in an
illusion of democracy, where basic rights can be withdrawn at any time
and those responsible will receive a slap on the wrist and have no fear
of doing it all again.