This letter was sent to Chief Bevan and various media outlets on November 20, 2001
It forms the basis for the verbal submission made to the Citizens Panel on Thursday February 28, 2002.
It concerns my arrest and detention from approx. 11:30 A.M. on Saturday
November 17, 2001 until I was released at approx. 4:30 A.M. Sunday November
18, 2001. I am unable to identify all of the officers involved. Some officers,
to my knowledge, were from other police forces, and my requests for details
of officers identities (ie - name, rank, badge number, and police force
- as those details could not be easily determined due to riot gear) were,
to my knowledge:
a) rarely honestly answered
b) sometimes dishonestly answered
c) sometimes ignored
I repeatedly requested a pen or pencil and paper to make notes, which request was denied or ignored. I tried to look at the licence plate number or vehicle number of the prisoner transport van (in which I had been the only prisoner) but my head was forcefully turned away - I was told I was not allowed to look at the van and the information I wanted (ID of van and officers) would be given to me later on. When I tried to sneak a look, my head was forcefully snapped back forwards by the hand of Constable (? - I’m unsure of his rank) Black-glove from search team (see # 5) below). I have tried to recall details as best I can. Some I recited immediately to video camera at my cell in hope tape was running.
The information I am able to give about the officers who dealt with me is as follows:
1) One of the officers involved in my initial arrest identified himself by badge # 188. When I asked he said he was with Ottawa-Carleton Police. He would not tell me his name. When I asked his rank he would not respond audibly but pointed to the chevrons of a sergeant next to me. On contacting the force by telephone today I am told there is no officer with badge number 188 on staff at Ottawa Carleton Police. There is, apparently, an officer 10188 but he is a constable (not a sergeant) with the canine unit and, I was told, would have had a dog with him. I am NOT mistaken as to the number this officer gave me. No identification was visible upon this officer. While waiting in the bus shelter (approx 15 minutes) for prisoner transport I reminded him (#188) that while we had lots of time, this was perhaps an opportune moment to read me my Charter rights - I even quoted to him the 10(b) Charter warning (question and answer) - as a retired criminal defence lawyer I know it by heart - and the Bridges warning (without complete legal aid phone #) - "...don’t you remember, sergeant, you’re supposed to tell me those things - you know about the Charter, don’t you?" - I was told to shut up. Sergeant #2) told me to sit down and when I wouldn’t, pushed me onto bench. During entire 17 hours of detention I was told absolutely nothing about my rights and other prisoners convincingly assured me they had been told the same after then 16 and 17 hours of detention - respectively "Adam" from Carp - 16 years old and "James Taylor" of Halifax - 17 years old.
2) The sergeant to whose chevrons "No. 188" pointed had a small flashing on the back of his clothing with a name which, I believe, was three syllables, beginning with "Mc". My vision is not terribly good, especially when I am physically or mentally stressed, and I cannot be sure of the printing which was only about 3/8" high. I believe I would recognize the officer’s surname if I saw it. This is the officer who took initial control of my possessions (at least he had tape, tube of aloe vera, and cigarette lighter - I don’t believe he had helmet, gas mask or gloves) and then waited for prisoner transport with me and "No. 188" in bus shelter on Queen Street 1 block west of Elgin.
3) and 4) Two cube-van prisoner transport officers. I was put on passenger side back compartment of van marked "Belleville Police". Officers dressed in light grey/brownish uniforms without bullet-proof vests. One officer was approx 5’10", approx 180 pounds, roundish face, sandy coloured close-cropped beard (1/4" approx) around mouth and chin only. I do not recall the physical appearance of second officer. I believe sandy beard was driver but am not certain as I couldn’t see much out of van, which had graffiti scratched on prisoner’s side of passageway (steel door approx 2’ x 2.5’) from prisoner’s compartment to passenger side cab - "Mikey Mouse - Nov. 1, 2000" with a picture of a mouse’s face. When they left the scene - the rear door of the van was left dangerously open - see description below. After they finally closed door and secured me in van at corner of, I believe, Kent and Wellington, we drove for a few minutes to small underground garage. I could hear prisoner transort officers get out of van and hear them and other officers conversing but nothing happened there. My compartment was never opened at this location. I know the underground garage was small as van had to make 3 point U turn to exit - I was unable to see out and am unsure of location.
After exiting that garage I started yelling repeatedly "I want to call a lawyer" and "These 2 cops won’t let me call a lawyer" - trying to co-ordinate my yells with times when it sounded as if driver or passenger was transmitting on the radio - so my yells would be picked up as part of van’s transmissions - dispatch recordings should disclose these yells (albeit muffled by steel partition door) since I was able to hear when radio in front cabin was receiving. We drove for few minutes and then we stopped, I believe, on a downtown street as we were in broad daylight and traffic was passing by on the left. At this location, again, driver and/or passenger exited but I was not removed. Remained parked there approx 10 minutes and then drove for approximately another 10 minutes to another underground garage. Then transpired probably the most frightening moment of my life. The van was backed up to within approx 2’ of interior wall of underground garage. I was able to hear but not see persons outside of van. Back door could barely be opened without striking wall, but was not opened. Neither driver nor passenger door opened. I then heard the latch of the steel passageway between front passenger seat and my rear passenger-side prisoner compartment being manipulated, followed by muttered: "Fuck! Who left that in there?" when officer realized lock on my side prevented his access to my compartment. Realizing there was only ONE POSSIBLE REASON for the officer wanting to get into my compartment, I started yelling immediately when back door (only access to ME) was opened, to get enough officers around back door to prevent any privacy. I never saw the Belleville van or its officers again, Thank God!
5) Search team in impromptu search area in underground garage at Elgin Street Courthouse - yellow painted concrete block room (approx 60’ from my ultimate cell, 90’ from duty counsel cubicles) set up with with bingo-room tables. In spite of my total lack of resistance, I was brutally manhandled. One officer holding each hand against wall, one holding each foot against wall, one with his knee against my scrotum (presumably for quick retaliation lest I move) and one very aggressive and brutal officer (early twenties, close-cropped brown hair, approv 5’8", 170 pounds, clean-shaven, babyish face but unfriendly eyes) muzzling my nose and mouth with his black-gloved hand, telling me to "shut up". When I could feel (I wasn’t allowed to look anywhere other than directly into wall in front of me) a knife being used on my bootlaces, I pleaded "...they’re only tied in double knots - can’t you just untie them?" the reply was "Shut the fuck up. You’re not in control here!" All this in spite of another member of the search team having found my Health Canada exemption, and having informed the room at large (approx 12 officers total, including 2 possibly 3 females, one named Paquette) that I had a marijuana exemption for Multiple Sclerosis. In addition, I told various officers about my medical condition throughout my detention. No inquiries were ever made by any officer as to my health, no dispensation shown except permitting me to smoke 4 joints in my possession on arrest - occasional lights provided by 6) and later 7). During the arrest, the force used against me was, in no way commensurate with my conduct. I offered no resistance whatsoever. There was certainly no consideration given to my illness.
6) Mike Henod - surname may be inaccurate - approx 6’2", 200 pounds, portly - mid-40ish, guard who occasionally gave me light for joint - brought sandwiches and milk in - failed to make me feel guilty by declaring me "...the whiniest prisoner in the place..." Since he was there on my arrival (approx 1:30 p.m.) and until at least 10:00 p.m. (and may have worked later). I assume he was one of officers who ignored my yells (probably fairly faint from their side of closed corridor door, yet audible since other prisoners could hear me and respond when I yelled at same volume) every 5 minutes (approx) consistently from 3:15 p.m. Nov 17 (immediately following a visit by duty counsel where he told me that police had told him that most prisoners, probably including me, would be released shortly without charge - no bail hearings until early sunday - therefore if you’re being charged you’ll sit overnight - if you’re not being charged you’ll be released unconditionally soon - I believe this is what police actually told duty counsel) until approx 8:30 p.m. - I finally got "Mike" to come in by using milk carton to plug toilet and flushing until floor flooded. Earlier he had knocked sandwich onto floor when opening door to take me to see duty counsel - when he mockingly said "Richard!" I reminded him that HE had put the sandwich there and I hadn’t touched it, he told me to "Shut the Fuck up!"
7) Joe Forte - along with Tony 8), probably the only officer who showed a shred of humanity the entire time. Perhaps the most poignant example of the intimidation and humiliation tactics used by police occurred when one of the many imprisoned teenagers, having been in custody about 12 hours up to that point without even being allowed to call his parents, had the gall to ask: "Officer, would you please tell me the time?". Several such respectful repetitions (remember, these were still scared, largely polite little Canadian youngsters, not criminals!) were ignored by police. Then a few people, myself included, tried to point out (still respectfully) that the young man wasn’t asking for the moon and, after all, what harm could it do to tell him the time? When the police still wouldn’t respond, eventually a few teenagers started chanting: "WE WANT THE TIME". Finally, some brave police officer responded: "SHUT THE FUCK UP, YOU WHINERS!". But they still wouldn’t tell the young man the time! Const.(? - I’m unsure of his rank) Forte told me, on last escort out of building at 4:30 a.m. Nov 18, that he had, in fact, told some kid the time. If this is true, bless him for showing even that much compassion. He appeared to be one officer who might have braved the wrath of his brethren kevlar-boys and kevlar-girls to accede to the young man’s simple and initially polite request. This was small potatoes in the litany of human rights breaches perpetrated by the police but very high in humiliation and intimidation value. The aim was clearly to provoke the kids. About 3:00 a.m. 7) gave me 2 nylon blue jumpsuits for blankets - no blankets, pillows or mattresses - even though I’d heard teenagers yelling for them - including Adam in next cell who says police hade taken his pants away - he was dressed (he told me - I never saw him) in a thin nylon jump suit - and it was cold in cells - we’re all without shoes. One of two young girls I could hear but not see said she had been strip-searched. Teenage prisoners were held for at least (so far as I know) 17 hours without being permitted a call to parents or a lawyer. For the last hour of my own imprisonment, a sixteen and seventeen year old were housed in the next cell, contrary to the Young Offenders Act, which prohibits young people being jailed with an adult like myself. I was able to converse with a human being for the first time since my arrest, and I could touch (but not see) James and Adam. This, while another Charter Breach, was ironically a blessing as it gave me my first company in 16 hours of isolation.
8) Jamaican officer "Tony" (probably "Anthony" as his plastic name tag gave initial as "A") approximately 5’7" with gold stud in left ear - I make no complaint whatsoever about him - he permitted me to use phone approx 2:35-2:45 p.m. - Nov 17 - then returned me to cell. I hope he left soon afterwards and therefore played no part in the bullying of the children!
9) Sgt. (Inspector?) Doyle. Came into cell block with 7) after I flooded the cell floor for a second time, in order to get a guard in my corridor (after another 2.5 hours of yelling without any response from guards) and Doyle told me that the longer I kept up "shit" like that, longer I’d be held. He was unpersuaded by my argument that plugging of toilet had been my only way of getting a guard in my corridor after 4.5 hours of unsuccessful yelling. Doyle claimed to be with investigation unit. He was also involved in my release (he was having cigarette at the time in concrete stairway of Elgin St. Courthouse) as discussed below. Doyle had also told me earlier that videocam pointed at my cell was monitor but not recorded. In order to test whether or not anyone was actually monitoring my condition, at about 6:00 p.m. I faked a collapse in my cell and lay motionless with my back to video camera and counted 10 FULL MINUTES without moving - this didn’t trigger anyone coming into my corridor.
10) Inspector Lou. Spelling may be wrong. pronounced "low" - rhymes with "cow". Approx 5’7", oriental, came in once only around 1:00 a.m. - said he was going to try to get me "...out of here..." - asked for name, address, phone #, cohabitor - when he leaving my wing (I believe with #7)) I said again "I WANT TO CALL MY LAWYER!" Just as wing door closing, 10) jokingly throws over his shoulder at me: "Go ahead and call!"
11) "Property return officer" - name, rank, number unknown - stationed at stairwell in Elgin St. Courthouse. Height unknown (he was crouching down after retrieving bags from out of non-main-stair doorway) dark complexion, dark hair, told me, and 2 prisoners released at same time (one was David from Montreal, approx 18, 5’10", thin, approx 150 pounds, dark hair parted in middle to above shoulders) that they signed the receipt saying they had received ALL their belongings or they got nothing at all - they could come back Monday and make a claim then. Non-David french-canadian guy said his camera was missing - he was told it was probably "seized" and he still had to sign confirming that he had received everything back or get nothing. He signed. I didn’t and property officer said then I’d have to leave without boots or coat and come back Monday. A few minutes later, as concerns myself, this issue was compromised with Sgt. Doyle as explained below. When I met with David and others outside the courthouse shortly after our release, one of other prisoners had his hands covered in green paint as all his possessions had been inexplicably spray-painted while in the secure custody of the police.
12) The officer who initially accosted me may or may not have been 1) or 2) above but I can’t be sure - the action was so fast. "Hand over your gas mask!" were the only words he uttered prior to my arrest. Before I could finish telling him I didn’t have to give him anything he had bent my wrist backwards over a newspaper box to take the mask (I wasn’t actually wearing it). I was then immediately and forcefully arrested by a number of officers I am unable to identify. I had done absolutely nothing wrong and was peacefully parading away from the site of the barricades towards the Supreme Court building.
My letter is directed to Sgt. (Insp.?) Doyle as he was the last officer I spoke with on being released from Elgin St. Courthouse Cells Sunday November 18 approx. 4:30 a.m. He invited me to contact him after the weekend concerning missing belongings. Several items were missing from my personal belongings which Sgt. Doyle noted on the same face of the property receipt I signed. Not all the items listed below were written on the receipt form by Doyle.
The items I am still missing and do not care about are:
$2.00 change (1 twoney)
1 guitar pick
1 elastic band
1 large safety pin.
The items I demand the return of are:
1 black motorcycle helmet
1 pair welding gloves (green- heavy leather w/long
cuffs)
1 gas mask - with markings: "CHCR Radio - Killaloe"
At time of release I told Sgt. Doyle I was also missing a credit card and Identification but I found these in my boot.
Sgt. Doyle told me the helmet, gas mask and gloves were "seized" and if that’s so, please let me know under what authority, given that I was not charged with any offence? Mr. Dale Marion (civilian employee in your property room) read part of occurrence report to me earlier today which ran: "...nothing to sustain a charge..." and this note must have been made early on in investigation, given its juxtaposition to a reference to injury to my left pinky finger, which reference was made only to officers 3) and 4) above, who had no contact with me after 1:30 p.m.
I wish to confirm also that earlier today I left a voice-mail message for Sergeant Doyle requesting the above items and requesting that he call me to provide a direct fax number.
I am considering taking civil action against the force for wrongful arrest. Please ensure the following are retained for disclosure purposes and immediately communicated to myself:
1) the occurrence report referred to by Mr. Dale Marion (civilian- OC Police property room) which includes the quote "...nothing to sustain a charge..." - if the note does not identify the author and time of this note, I insist this information be obtained immediately and related to myself
2) notes and identity of officers (apparently from Belleville Police according to markings on cube van) who transported me from scene of arrest to Elgin St. Courthouse - among other concerns (including apparent intent to lay a beating upon me) I wish to advise their employers that I might have been seriously injured when the officers drove away from scene without securing rear door. I almost fell out of van due to inability to brace myself (impossible with cuffs so tightly secured). The officers ignored my yells and kicks on partition door and would not stop. The flapping door was observed by pedestrians along Queen Street from Elgin west to Kent, and by an OPP motorcycle officer stationed (approx 11:55 a.m.) at south-west corner of Queen and Kent.
3) radio dispatch recordings to and from Belleville prisoner transport van
4) recordings, if any, from video monitor of my jail cell or notes of any officer who might have monitored my condition by camera
5) notes of all officers involved, from any police force
6) an officer at barricade immediately adjacent to war memorial (which barricade ran south-east towards canal) videotaped me while I spoke to officers at barricade approx 5 minutes prior to my arrest. By virtue of my comments, police knew or ought to have known, that I intended no criminal act and was not armed. I demand a copy of this videotape, during which, in response to a question from a tiny officer who identified himself (probably falsely, judging by his hesitation) as "Smith" standing in middle of barricade line - front row. Videocam operator was behind and to "Smith"s right.
I will be making more disclosure requests as time goes by.
Copies of this letter are being sent to Ms Gallant and Mr. Conway to note my insistence that their respective offices investigate fully the violations of my rights and especially the rights of young Canadian citizens.
I am hoping the media will also follow up to confirm that my information is all categorically correct, and to help ensure action is taken against the appropriate police authorities.
Other protesters whose rights were violated in manners similar to my own met at south-east corner of Elgin and Laurier at about 4:45 a.m. Nov 18 and I am sure the police will want to get their names to fully investigate. A copy of this letter is going to the N-17 Legal Defence Fund to apprise them of my information and to seek any confirmation they may have. While only 3 other inmates ever saw me, being James Taylor of Halifax, and the two young Montreal men released with me, all other arrestees held at Elgin Street courthouse will remember my almost incessant singing and yelling and attempts to explain civil rights to other arrestees.
I hope all recipients of this letter will forgive the poor form of same. Please understand it was prepared in haste while details were fresh in my mind.
Many officers working for and alongside the Ottawa-Carleton police acted illegally, immorally and improperly over the past weekend. and I hope they are taken to task.
Yours truly,
Rick Reimer