Thursday Feb. 28, 2002

Mary Hutcheon

I came prepared tonight to speak about two particular incidents, of which I will give a brief overview in a moment.

As the panel knows, my major responsibilities were in organizing and facilitating spokescouncil meetings.  The first  set were preparatory meetings for the purpose of organizing peaceful demonstrations against the G20, IMF and  World Bank in Ottawa during Nov 16-18, 2002.  The second set was held on the days of the demonstrations, from  Wednesday November 15th to Sunday November 18th, 2001. These spokescouncil meetings were a chance to  debrief people's experiences with the police and to maintain the organizing principles of the N17 Spokescouncil.   As well there were reports on status of arrests, housing, food and demonstration events, including jail support and  other actions that people were creating while in town.  Also during the weekend I volunteered at the Welcome  Centre.

Personally I came away from the weekend relatively unscathed by police brutality.  Most of my work was indoors,  "behind the scene" as it is termed.  To date, I have not suffered any repercussions as a result of my involvement,  except perhaps lack of sleep and exhaustion.  I cannot say this has been the case for other people.

Many people experienced several parts of or degrees of violence that to me seems more like deliberate attack on  the part of the police, and not just the Ottawa Police Services.  Some people were injured, some robbed and others  harassed, or other things, and any combination thereof.  Why? ... because they dared to join together with many  other people in the streets to oppose the policies and programs of 3 unaccountable economic and political  international organizations. I suspect that a significant contingent of people dare not come forward to tell their story  to this panel, nor for that matter, to make an official complaint.  I can only guess why, but as this panel has heard,  the intimidation was so acute, it seems that the police have been very successful at dissuading even the most  mainstream and low key forms of political protest and dissent.

Last week, my colleague, Jamie Kneen, submitted a copy of the Canadian Charter of Rights and Freedoms,  indicating several rights among them, the right to assembly and association, as well as the right not to be arbitrarily  detained or subject to unreasonable search and seizure.  I wish to submit the other portion of Canada's  constitution, the Constitution Act, 1867.  I draw the panel's attention specifically to the Part VI, Distribution of  Legislative Powers, section 91, Powers of Parliament, especially ss. 7 and 25; and section 92, Exclusive Powers of  Provincial Legislatures, ss6, 8 and 10 b.

My point here is to draw the panel's attention to the fact that Ottawa is not just like any other city.  It is the capital of  Canada, and is geographically situated in Ontario, thus we can expect many more demonstrations in the future, and  more with international connections and repercussions.  So these two sections shed some light on which parties  may be politically accountable and responsible for implementing the G20/IMF/World Bank security plan. It may also  shed some light on why there does not seem to be any accountability in the municipal government institutions here  in Ottawa.

Dissent against the current neo-liberal economic integration, a.k.a. - globalization, brings together a wide  assortment of people.  During the "N17" demonstrations people came from Ottawa, Toronto, Kingston, Guelph,  Peterborough, Montreal, Quebec and many places in between as well as from the United States, Maritime region  and some from Canadian communities farther west than Guelph.  They came out -- peacefully -- to walk in a march  and to rally together to hear speeches and to challenge the policies of elite international organizations that make  policy prescriptions the rest of the world's governments must abide by. They also came to be as close as possible  to where the G20, IMF and World Bank executives met.  These institutions are not arranged to engage with the  public, accept criticism publicly, nor do they meet in an open and responsive manner to address people's plight and  discontent.

Second, it is very clear, by what I witnessed and heard from people during the spokes council meetings that the  police attacked people in the streets.  The security plan was a planned and deliberate project, regardless of what  happened the day before.  This is my intuition and my conclusion, based on the things I personally saw and in  debriefing people's experiences at the Welcome Centre and later at the spokescouncil.

Third, I am more aware of the fact, that as I make this public presentation and statement, that the police and  security agents could possibly gather information in my address and use it against future activities of protest,  regardless of my participation.  I am equally aware that police agencies exchange information ("intelligence") with  the purpose of "improving" their operations.  Recording individual names and badge numbers, seem to me, to be a  useless effort, because none of the activities that I and other people are accounting to this panel can be accepted  logically as isolated incident(s), nor indicative of a few "bad cops" or rogue behavior of a single unit.

The police acted to dissuade demonstrators from gathering together. They attacked people for doing nothing  aggressive or threatening.  Furthermore the police and security agents hoped people would blindly submit to the  most twisted sense of logic:  that the program was designed for our safety and protection.

The first violation of law occurred when people's right to demonstrate and to gather together was circumvented as  part of the security operation.  The second violation was to use force, weapons and blockades as features of that  security strategy.  These two features alone are violent in themselves. I do not mince words here.  The security  operation was not just an Ottawa Police Services function.  Nor was it an isolated incident, the security operation  was coordinated, among several police and security departments, designed to use force to dissuade, attack, move  and retaliate against people's peaceful activities.

The police behaved violently, and their violence must be investigated not just to compare it against demonstrators'  behavior, but also to recognize that there is a pattern concurrent with the schedule of international summit  meetings.  The intimidation and violence on the part of "policing demonstrations" has increased, but it is not  connected, solely, to what happens in the streets.  I do not know why police violence is increasing to the extent  that it is.  The degree of brutality and militarized operations increases from summit to summit.  It may have been the  first time for Ottawa, but it was not the first in Canada, nor was it the first for these summit meetings.

Police/Security violence has been connected to international gatherings for some years now.  Security operations  are coordinated, officials talk to each other.  Public acknowledgement has yet to occur.  Ottawa Police Services,  through Police Chief Vince Beven, have tabled a preliminary report to the Ottawa Police Services Board, of which  all recommendations are secret due to security concerns.  The Ottawa Police Services Board declined the  opportunity to investigate the security operation during the November summit, arguing that it is not in their mandate.   This panel asked for some police representation, but that was refused. The Ottawa Police attend these panel  sessions, they observe, take notes, thank presenters, meanwhile they remain silent not revealing any information,  insight, or recognition of their efforts beyond a unified statement of a job well done.

To a certain extent the security operation succeeded.  People in Ottawa are traumatized and hurt, insulted by the  behavior of law enforcement institutions that purport to maintain some level of peace and protection.  If political  demonstrations are about police and police harassment, then I need to ask, on whose authority have the police  become the aggressors? And in whose instructions have the police learned to view people as a threat which  warrants battle gear, theft, chemical compounds and an assorted other tactics?  Why has policing intensified into a  military battle against civilians?  Unfortunately our collective shock is heightened when it is exposed that this sort of  thing happens on a regular basis to citizens in poverty stricken and war-damaged countries in South and Central  America, Africa and Asia.  And to people here in Canada, that remain outside the realm of protection, seen as  threats, yet they are segregated from "us mainstream folk", they are poor, hungry, jobless, destitute, "foreign" and  some also live on reserves.

In reference to the two events I will now speak about, I reported these incidents to the N17 Legal Collective on  Saturday November 17th, indicating my approval to testify.  I have yet to submit a complaint to the public oversight  office that deals with improper behavior of Ottawa Police Officers.

First incident:

As a condition of walking across the Laurier Bridge, westbound and eastbound, on the morning of November 17th  the police insisted that every person submit to a police search of the contents of their pockets and bags. What  authority did the police have to interpret constitutional charter rights and freedoms on such a universal scale, in  their insistence on searching every person because they wanted to cross over the canal?

Earlier, around 11 am, while I was working at the Welcome Centre, reports began to filter in that the police were  insisting on searching people's bags.  One person, I encouraged to call the legal collective said that the police took  gas masks from a friend of his.  The police were searching people in order to take away their gas masks, an item  many had with them to protect themselves against the toxic chemicals police have used in prior demonstrations.   To me, the message of these searches was to keep people at a disadvantage and constant worry about their  personal safety and mental well-being.

I phoned the N17 Legal Collective to report this, after several phone calls, I was advised to send someone to the  bridge to advise people of their rights: that possession of gas masks was not a crime and that people did not have  to consent to a search. I volunteered myself and expected to find someone from the collective to meet me at the  bridge.  When I got to the bridge, the marchers stopped walking forward in the pre-arranged route from the Ottawa  U starting point.  They had reached the eastern entrance of the bridge, beside the Department of National Defense  (DND)  headquarters.  They were facing a single line of police officers, wearing bulletproof vests, guns, gas masks  and other accessories. This line was made up of both OPP and Ottawa police.  These were not officers dressed in  riot gear, but they did stretch across Laurier Road.  Behind this police line was bus on the bridge, with several other police officers milling about.  The officers were  polite, but joked about us wasting time because we didn't want to get searched.  Everyone, including police, were  just standing around, the atmosphere did not seem personally seem tense.

I asked to speak to the officer in charge. The police officer in charge opened "negotiation" with the condition of  walking across the bridge. So it seemed to me that the reports were true, that the condition of crossing the bridge  was to submit to a search, with an expectation that some people would be robbed of things they brought to protect  themselves.  As I was talking I watched police search people wishing to cross the police line of officers and  continue to walk across the bridge regardless of their participation in or association of N17 day of political protest.   Again, I reiterate my first question:  what political and legal authority does this officer and other police officers have  that over-rides 9 Supreme Court Justices to negotiate the terms and conditions of Charter rights and freedoms  which outline specific protection against state intrusion and repression?  What purpose is served by this sort of  security operation that pertains to the violation of people's privacy, legal protection from the state/police intrusion  and seizure of items not deemed illegal or threatening?

The officer in charge claimed the police were afraid of "us".  Earlier, police had found "other protestors carrying  weapons". I mentioned that together, the Ottawa police and N17 Spokes-council representatives approved this  route and that people could cross, unhampered by police or security agents.  I asked how the police could assume  that everyone was carrying weapons, since the police said they had found only a few people carrying weapons  earlier in the day.  The officer did not answer.

I waited for someone from the legal collective to arrive, but they didn't come.  I noticed someone who was at the  spokescouncil and helped in setting up the legal collective.  Together, we attempted to negotiate with this police  officer.  We were then told that the search was necessary for our own safety.  They were worried that they couldn't  guarantee our safety, so for our protection we are better off to follow their orders without question, further  negotiation, or third party legal advise.  I said that I didn't think the police, dressed as they were with guns and  masks, sticks and other weapons could guarantee safe passage of anyone. Someone from behind me indicated  that it was the police who had the guns.   Our "negotiations" were recorded by about 3 or 4 media representatives  and located up on the platform at DND by were police surveillance teams.

(In looking at the display of things the police confiscated and presented to the Ottawa Police Services Board I  observed wooden sticks and metal poles that the police labeled weapons. These things could not fit into people's  bags as they were too long and if in people's bags would have stuck out and be seen by everyone.  Also on  display were about 3 or 4 pocket knives; a few cameras and video and audio tape recorders; a white pail with  medical supplies inside; bottles of vinegar, bandanas, protective clothing and lots of gas masks.  Of the things that  would be understood as weapons there was one item a police office standing behind the table said was a sling- shot and another item was long metal nail about 8 to 10 inches that the same officer demonstrated to me its  possible use.  None of these things had identification labels indicating where they were taken and from whom.)

The marchers were getting concerned about the hold up, wanting to continue on but not to submit to a search. I  knew from earlier spokescouncil debates that police tactics were a major concern and that they would not want to  submit to this particular police action.  In consultation with some of the march guides, I asked that one of them do a  repeat-after-me explaining our situation.  Smaller groups of people began to dance, others chanted, some played  instruments.  Shortly thereafter a small spokescouncil was formed, making the decision to walk north on Nicolas to  the Byward Market with the hope of waiting for the rest of the people to meet up with them later that day.

When the marchers from the Ottawa U starting point decided to walk a different route -- northbound on Nicholas.  I  was still concerned about possible escalation of police intimidation and violence, so I hung around Laurier Bridge  after the marchers began their walk down Nicholas. As the marchers walked away from the Laurier Bridge, I saw  riot cops replaced the line of police officers I had talked to, dressed in full gear and appeared to be ready to move  in behind the marchers. They were dressed in gear I had never seen before, in what I can only describe in ways  that they were ready for a military battle.  I was worried that these marchers -- people, acting peaceably were going  to get sandwiched in and hurt by these police/security agents.

I left Laurier to walk northbound on Nicholas to catch up with the March captains, becoming aware that police may  escalate tensions and use force and violence to curtail the protest march. At the north end of Nicholas, at the  entrance of the Rideau Centre parking garage  -- people were blocked from continuing to on Nicholas to Rideau  Street by OPP officers who did not talk nor did they identify which officer was in charge of this police/human road  block.

However, the marchers when they turned around to walk back, they climbed the steps to walk over the Mackenzie  Bridge and successfully crossed it, without using, provoking or threatening physical and mental harm.  As people  were crossing the bridge, I walked over to the Laurier Bridge to discover that all police agents that were blocking  passage minutes before - including the riot police, Ottawa, OPP, RCMP, riot squads wearing different uniforms and  police surveillance teams -- had disappeared.  I walked across the bridge trying to catch up to the tail end of this of  the Ottawa U string of marchers.  I walked across the canal having not submitted to a police search.

Second incident:

I was still worried about this group of marchers.  They were no longer a cohesive group and there were many  stragglers.  I worried about those who were not so quick to catch up, so I continued to walk in the direction of the  march.  About 10-15 minutes later, in catching up to the back end of the march, I saw 5 police officers gang-up on  a man.  The first officer ran across the street, calling out to the man to give the officer his gas mask and in so doing  the officer caused both of them to crash into some newspaper boxes.  The man started to hold onto what looked to  me as an old army surplus helmet, not a gas mask. When I began to challenge the officer he shoved me away.  Then 2 more police came to assist the 1st officer, surrounding the man and preventing anyone from seeing police  use pain compliance or whether the man had a gas mask or something else. A few seconds later, 2 bike cops  showed up and used their bikes as fences preventing anyone from intervening.  There were several other  witnesses watching beside me.  Two people with media credentials were recording the activity on a video camera.   I don't know the identities of police, three had their backs turned away from us and  I didn't notice whether the bike  cops had visible identification numbers.  My concern was whether the police were going to harm and exert more  pain on this man.  He was not being physically abusive or resistant, but continued to say leave me alone.

Since there were other witnesses, I turned away to find a phone to call in this incident to the N17 legal hotline  number.  As I turned to look back, 3 officers were shoving the man, handcuffed, into a police car.  This incident  happened at the NE corner of Metcalfe and Albert, across the street from the World Exchange Centre.  At the  Centre, private security guards stood behind locked the doors, opening to anyone that did not "appear" to be  dressed for protest. I got in to use the public phone.   I don't know why the World Exchange Centre was closed,  some of the businesses inside were open, including the movie cinema house.  I wondered if it was part of a general  shutting down of the downtown section, closing public access to phones, rest places, washrooms and restaurants.

After my report to the legal hotline, I walked back to the welcome centre.  There were some police officers milling  around the major intersections on Elgin Street.  They did not stop me. Both Laurier and MacKenzie bridge were  open to pedestrian and automotive traffic.

One of the tasks of this panel is to gather people's stories about their experiences that weekend.  I hope that this  panel does not assume that each person's story is an exaggeration of an isolated incident or a complaint just  because someone didn't like what they saw and heard.  I ask the panel not to assume that all of these stories  amount to anecdotal tales.

Another task of this panel is to think or locate some sort of "solution" to the reduction of violence and level of  security that these demonstrations attract.  Please consider the loose meaning in this task, for it can often be  misleading about what the problem is that requires a solution.  If a "solution" can be found, then please pay  attention to what happened at Laurier Bridge.  Recognize and describe what the individual and collective response  was by citizens, dissenters, protestors, and demonstrators, and  even by radical activists.  Their civility, calmness  and demeanor brought about a solution -- a peace-filled response -- to police violence.  Police violence that  politicians and police agents continue to explain and rationalize as a "measured response" to the threat posed to  our security and necessary for our protection.

Note:  my original presentation was a 15 minute summary of this more detailed presentation.  I left out many details  of my report, including the second incident.