This brief is divided into three parts that represent the three roles I assumed during the November 2001 protest against the meeting of the G20 in Ottawa.

Firstly, I was a volunteer for the G20 Legal Support Collective (“Collective”) and in that capacity participated in the gathering, collating, summarizing and communicating the content of incident reports received through the Legal Hotline.  The Collective staffed a 24-hour hotline available to protesters for asking legal questions, filing incident reports and requesting legal representation.

Secondly, as a volunteer for the Collective, I was tasked to be part of the Police Liaison Group and negotiate access to police contacts in order to track detainees and ensure that the police would accommodate a referral system of volunteer lawyers.

Lastly, I was a protester on the street and in that capacity directly experienced police misconduct.

As a volunteer for the G20 Legal Support Collective

As a volunteer for the Collective, I facilitated the publication of regular Information Bulletins which are attached to this brief (Appendix  I)?.  The bulletins document in sufficient detail the scope of the complaints we received.  I will not present this full summary, however, allow me to give you a sampling:

- arbitrary detention by immigration
- arrest with no cause
- brutal manner of arrest
- undemocratic conditions of release
- verbal abuse of detainees including threats
- denial of right to counsel of one’s choice
- denial of right to counsel
- denial of a phone call to anyone
- attack by police dogs
- outright assault by police
- confiscation of media materials
-  illegal search and seizure
- serious injuries as a result of  police actions

The last of the Info Bulletins published by the Collective is titled “Summary Report: Foundation for Accountability and Change”.  This document reviews statistically and anecdotally the extent of the offense, injury and insult suffered by demonstrators at the hands of the police.

As a member of the Police Liaison Group

The Collective decided to communicate with the police,

- in order to establish contact to enable the tracking of protesters once they were detained to ensure medical treatment if injured, respect for rights and due process, and to negotiate any special needs such as medication and allergies, and
- to ensure that the police were familiar and supportive of protesters’ choice to call the Legal Hotline.

I liaised with Claude Voyer and Ray Thomas from the RCMP and Ottawa Police respectively through the duration of the protest.  I would direct your attention to a document attached to my brief titled “Update Brief, November 18, 2001”, and in particular the section titled “Background to Access to the Collective”.  This document details in chronological order the denial by the police of protesters’ fundamental right to counsel of their choice.

As a member of the Liaison Group, I was a part of the discussion regarding police presence at the march and rally on November 17.  It was my sense that the police had agreed to a minimal presence and would accommodate the marches by clearing traffic.  On the morning of November 17, I called Ray Thomas from the top of the Laurier Bridge and communicated my astonishment that all three march routes had been barricaded, subject to illegal searches, and/or attacked.  At this time, he indicated that there had been a change of police strategy, that we (the Liaison Group) had been “betrayed” and he apologized profusely.

It behooves me to say a word about Ray Thomas.  Despite the fact that Ray was charged to deliver occasionally unbelievable messages from the police (such as the march at the Laurier bridge was being held up by a physical barrier and they were waiting for public works to come and remove it, and that no protesters arrested on Saturday had requested to call the Legal Hotline even though the Master of Ceremonies has been arrested), I would like to once again thank him for his demeanor which, at times, despite the outrageous explanations and inability to guarantee his word, seemed to be the only human element among the police that day.

It was my experience that the police broke their word respecting every essential item of agreement established in advance with the Police Liaison Group prior to the protest.

As a protester

I have been an activist in Ottawa since the very early nineties.  I have marched these streets and gathered in these esteemed places of national pride on many issues that are dear to me.  The announcement of the G20 in Ottawa filled me with dread owing to my personal experiences of systemic brutality that I witnessed and suffered in Quebec City.

I will save you from a full accounting of my experiences during the protest and concentrate on two specific moments.

On November 17, I was pulled over by the Ottawa Police, intimidated and subject to an illegal search.  Walking North up Metcalfe Street, half a block from Wellington Street, a police car came to an abrupt stop.  Two police officers, one male and one female exited the car and the male officer shouted “You!”.  The male officer proceeded to shout at me accusing me of supporting violence against the City and of having a direct role in the breaking of the McDonald’s window.  They indicated that someone had reported me for talking into a walkie-talkie.  They demanded my identification and while I was retrieving my wallet from my book bag, the male officer reached into my bag and pulled out a gas mask.  I stated that I did not agree to the search and the male officer shouted at me for mis-respresenting myself as a lawyer.  I asked if I was free to go and they indicated that I had to stay until my identification was processed.  The passing moments were filled with more accusations and shouting while the male officer stood only inches from me shouting down.  I later encountered this officer arresting a protester.  When I shouted at the detainee that the Legal Hotline was posted at the cell block, the officer shouted from across the street ‘You! You are a problem!  What is your home number?  What is your home phone number?’  I took this as a reminder that he had just run my identification and knew my home address.

On November 18, I witnessed a brutal arrest at the base of the small V-shaped garden at the intersection of Elgin St. and O’Connor St..  I was standing on the garden as the arrest skidded into the short wall facing Elgin St..  I moved forward and stopped within six to ten feet of the edge of the garden in order to observe the arrest.  A police officer stepped forward and pointed what I believed to be a rubber bullet gun directly at my chest.  I informed him that the guns can be fatal within ten feet and a second officer stepped from behind him and began to pepper spray us.  We turned and ran and as we were fleeing heard the sounds of what we believed to be rubber bullets being fired in our direction.

In respect of time, I will stop at describing only these two incidents.  I have also attached to my brief several poems (Appendix! II ) -written after the protests in Ottawa and Quebec City.  I hope that you will also find these also to be concise descriptions of my experiences told from a deeper level than what I have shared today.

In closing

May I commend the members of the Panel for their enthusiasm to hold the police accountable.  May I also thank the members of the community that worked to ensure that these terrible stories could be heard.  In addition to this important process,  it is critical for people to submit formal complaints through the appropriate legal channels.  Until effective accountability has been achieved, Ottawa should not host these types of events.

I believe that there will be times and spaces for the language of healing and reconciliation.  But now is the time for accountability and change.  I beseech you to be focused on the reality of this situation:  the police attacked the citizenry, they violated rights that civilized nations call inviolable and it should never happen again.
 

Sarah Dover
21 February 2002

Appendices attached
 
Appendix I

Legal Support Collective Info Bulletin
“Problems at the Border”
November 16, 2001, 11:00am

Legal Support Collective Info Bulletin
November 17, 2001, 9:40am

Legal Support Collective Info Bulletin
“Injuries, Arrests of Protesters”
November 17, 2001, 7:30pm

Legal Support Collective
Update Brief
18 November 2001

Legal Support Collective Info Bulletin
“Summary Report: Foundation for Accountability and Change”
26 November

 -  M E D I A  R E L E A S E  -

INFO BULLETIN
FROM THE LEGAL SUPPORT COLLECTIVE

FOR IMMEDIATE RELEASE
November 16, 2001  11:00am
Ottawa, Ontario
Problems at the Border

The Legal Support Collective has been notified that some individuals entering Canada to attend the G20 protests have experienced delays, detainment and exclusion.  These individuals have included people with minor convictions, arrests without charges and individuals with no legal history.

We have received reports of individuals being denied admission based solely on their statement that they were headed to the G20 protest.

Those who have experienced difficulty include Lisa Fithian and Starhawk, co-trainers in peaceful protest.  Fithian was detained by Citizenship & Immigration Canada for two days and released with no conditions.  Starhawk had her computer confiscated that has now been returned with evidence that it has been searched.

The Immigration Act allows officers to question persons entering Canada without the benefit of counsel.  If an officer determines that they may be inadmissible, individuals may be denied entry or detained pending a determination.  Admission into Canada should be determined not on a discretionary basis, however based on factors such as if the person has convictions (one serious conviction or two lesser convictions) or will be a threat to national security.  All decisions by Immigration officials can be reviewed and the Collective should be contacted for referral to an immigration lawyer for individuals wishing to challenge any decision made by an official.  It is strongly advised that people wishing to enter Canada for the protest bring valid personal identification, evidence of their likelihood of return to their home country (return ticket, letter from employer, marriage certificate, birth certificate of children, etc), and, if possible, evidence of no criminal record.

The first arrest was experienced by a companion of Lisa Fithian.  The support group attending Fithian’s immigration examination was evicted from Ottawa International Airport, notified that they would be arrested if they did not leave immediately.  One woman was arrested while leaving the building and charged with disturbing the peace.  She was held in detention for several hours and released with a ticket for trespassing.

Three tickets were issued to protesters on November 15th under the Safe Streets Act.  The tickets were issued during a ‘mass squeegie’ protest and no protesters were taken into custody.

Further background information on protesters’ rights and immigration can be found at: www.flora.org/gdo/legal

The purposes of the Legal Support Collective of Global Democracy Ottawa (GDO) are to:
- ensure access to general legal information to all, especially prior to the protests;
- provide legal support services to protesters; and,
- report the number of protesters detained and arrested, incidents of police misconduct and injury and any other pertinent information affecting protesters’ rights.

The Legal Support Collective is affiliated with the Logistics Committee of Global Democracy Ottawa (GDO).   The Collective does not represent any of the member organizations of the GDO.  We are a group of volunteers who have coalesced around our objectives of providing legal training, education and support services and protecting civil rights.  We enjoy the support of lawyers, law students and people with legal training.

The Legal Support Collective will issue Info-Bulletin media releases at regular intervals throughout the protest.

- 30 -

Media inquiries, please contact:
Sarah Dover
Legal Support Collective
Cell (613) 291-5248

For legal information and support: Legal Support Hotline is (613) 244-8321.

 -  M E D I A  R E L E A S E  -

INFO BULLETIN
FROM THE LEGAL SUPPORT COLLECTIVE

FOR IMMEDIATE RELEASE
November 17, 2001  9:40am
Ottawa, Ontario

The Legal Collective has eight confirmed arrests and seven protesters remain in custody.  Seven of the protesters were arrested on the day November 16, 2001 and the eighth in the night.  All individuals contacted the Collective for referral to legal counsel.

Seven protesters have bail hearings at the Ontario Court of Justice in Court #6 at 9am on November 17, 2001.  Some protesters have been offered releases by the police in which conditions are attached to the person’s release such as one will remain ousted a geographic area.

The types of charges or allegations against these protesters may include attempt to obstruct police, mischief involving damage to property and causing a disturbance.

The Collective has received at least six incident reports that may include allegations of police harassment and rough treatment of protesters at the time of arrest.  We have also been notified that a protester was injured in the course of a ‘snatch arrest’ of another protester picked up by police out of a crowd.

We have been notified of continued difficulties at the Canadian border.  Some protesters have been excluded on allegations that they were not being truthful respecting their destination.

Further background information on protesters’ rights and immigration can be found at: www.flora.org/gdo/legal

The purposes of the Legal Support Collective of Global Democracy Ottawa (GDO) are to:
- ensure access to general legal information to all, especially prior to the protests;
- provide legal support services to protesters; and,
- report the number of protesters detained and arrested, incidents of police misconduct and injury and any other pertinent information affecting protesters’ rights.

The Legal Support Collective is affiliated with the Logistics Committee of Global Democracy Ottawa (GDO).   The Collective does not represent any of the member organizations of the GDO.  We are a group of volunteers who have coalesced around our objectives of providing legal training, education and support services and protecting civil rights.  We enjoy the support of lawyers, law students and people with legal training.

The Legal Support Collective will issue Info-Bulletin media releases at regular intervals throughout the protest.

- 30 -

Media inquiries, please contact:
Sarah Dover
Legal Support Collective
Cell (613) 291-5248

For legal information and support: Legal Support Hotline is (613) 244-8321.

 -  M E D I A  R E L E A S E  -

INFO BULLETIN
FROM THE LEGAL SUPPORT COLLECTIVE

FOR IMMEDIATE RELEASE
November 17, 2001  7:30pm
Ottawa, Ontario
Injuries, Arrests of Protesters

According to police officials, 40 protesters of the G20 meeting were arrested on November 17th (as of 7:00pm).  This brings the total number of arrested to almost 50 over the two days of the meeting.

Those in custody are being held at an Ottawa Police Station and the Ontario Court of Justice.  Bail hearings are scheduled for tomorrow, November 18th at 9am in Court #6 at the Ontario Court of Justice.

All eight protesters arrested on November 16th have been released; some protesters have been charged and some conditions have been assigned to their release including geographic limitations, non-association and non-participation.  One report states that a protester was held overnight in jail with his pants and shoes confiscated.

One individual, identified as a protester, was taken by security guards at the Rideau Center and later released.

The Collective received a number of serious incident reports.  Some of these reports focused on police dog attacks of protesters, including one protester allegedly attacked while fully prone on the ground and consequently badly wounded.   Reports of illegal search and seizure involved police not requesting or obtaining consent for searches, forcibly searching and confiscating legal items such as gas masks.  Incident reports included the police use of rubber bullets, tear gas and pepper spray.  Further reports included police threatening of protesters at ‘point blank’ range with rubber bullet guns.

The Collective continued to received reports of difficulty at the border; protesters have been denied admission into Canada.
 
Further background information on protesters’ rights and immigration can be found at: www.flora.org/gdo/legal

The purposes of the Legal Support Collective of Global Democracy Ottawa (GDO) are to:
- ensure access to general legal information to all, especially prior to the protests;
- provide legal support services to protesters; and,
- report the number of protesters detained and arrested, incidents of police misconduct and injury and any other pertinent information affecting protesters’ rights.

The Legal Support Collective is affiliated with the Logistics Committee of Global Democracy Ottawa (GDO).   The Collective does not represent any of the member organizations of the GDO.  We are a group of volunteers who have coalesced around our objectives of providing legal training, education and support services and protecting civil rights.  We enjoy the support of lawyers, law students and people with legal training.

The Legal Support Collective will issue Info-Bulletin media releases at regular intervals throughout the protest.

- 30 -

Media inquiries, please contact:
Sarah Dover
Legal Support Collective
Cell (613) 291-5248

For legal information and support: Legal Support Hotline is (613) 244-8321.

LEGAL SUPPORT COLLECTIVE UPDATE BRIEF
18 November 2001

Approximately 40 protesters were arrested on November 18, 2001 (see Info Bulletin).  Approximately 30-35 protesters were released around 4am, many with no charges.

According to detainees released last night:
- no protester was allowed to use a telephone
- some protesters never spoke to a lawyer, even after requests were made
- some protesters were told “your lawyer is here” and only given option to see duty counsel
- some protesters were told they could contact the Legal Collective, but they were going to be released without charges; protesters requesting to then talk to the Collective were denied

The Legal Collective has since been contacted by 5 detainees and one more from November 16th is still in custody.

BACKGROUND ON ACCESS TO THE COLLECTIVE

On Monday, November 12th, Sarah Dover from the Legal Support Collective met with Sergeant Ray Thomas of the Ottawa Police and Claude Voyer of the RCMP.  It was communicated by Sarah that the Hotline was a referral service for protesters to lawyers.

Sergeant Thomas reported back to Sarah that the police would allow protesters to call the hotline and for referred lawyers to contact those arrested as soon as possible.

On November 16, Sarah contacted Sergeant Thomas because protesters reported that they were not being able to contact the Hotline.  Sergeant Thomas remedies the situation and all protesters received legal counsel through the Collective.

On November 17, not a single protester contacted the Collective.  Collective volunteers contacted the police throughout the day attempting to get information on detainees and no information was supplied.

At approximately 7:30 pm Sergeant Thomas was made aware by Sarah of the problem and he stated that he would ensure that the agreement was being upheld.

At 2:30 am on November 18th, Sarah spoke with Staff Sergeant Warren and Inspector Ty Cameron who both confirmed that protesters had not been able to contact the Collective and had access only to duty counsel.  Inspector Cameron indicated that Collective posters had been posted throughout, a memo clarifying the situation had been circulated and he had been aware of the Collective’s role.  He agreed to wake all protesters and arrange for the Collective to be contacted by those who wished.

Sergeant Ray Thomas reports that:
- all protesters were allowed access to 6 on-site duty counsel and one phone call
- that the Court house did not receive the memo with the Collective phone number
- that protesters chose not to contact the Collective

For more information:
Sarah Dover, cell: (613) 291-5248

 -  M E D I A  R E L E A S E  -

INFO BULLETIN
FROM THE LEGAL SUPPORT COLLECTIVE

FOR IMMEDIATE RELEASE
November 26, 2001
Ottawa, Ontario
SUMMARY REPORT:
FOUNDATION FOR ACCOUNTABILITY AND CHANGE

The Legal Support Collective provided education, training, legal services and reporting before and during the G20, World Bank and IMF protests in Ottawa, Ontario.  We operated a 24-hour Legal Support Hotline from November 16th to 18th that provided legal information, documented incidents and referred lawyers to those arrested.

Members of the Collective provided education and training for legal observers before the protests.  We have subsequently compiled numerous incident reports and evidence respecting the experiences of protesters on the street and in custody.

It is our opinion that a significant number of protesters where subject to excessive force, police brutality and rights violations.

The Legal Support Collective is calling for meaningful accountability of all police forces involved in the G20 operation.  Further, we duly note the broader context within which these violations occur and call upon the Government of Canada to arrest the pattern of repressing dissent as witnessed at protests of the 1997 APEC meeting, 2001 FTAA meeting and 2001 G20 meeting.

Injury Reports

The Collective received numerous reports respecting injuries suffered by G20 demonstrators, including:
- injuries suffered while demonstrating as a result of rubber bullets, tear gas, pepper spray, and other weaponry;
- injuries suffered while being arrested or in the vicinity of an arrest;
- injuries suffered while in custody;
- injuries suffered while in proximity of a police dog or as a victim of a police dog attack; and,
- emotional suffering as a result of being subject to or witnessing trauma;

Examples of reports include:
- treatment of a “shattered” ankle as a result of a rubber bullet;
- treatment of a protester bitten by a dog “down to the bone”;
- ‘tasering’ of an arrestee for remaining limp during an arrest;
- severe pain and numbness in the wrist and hands of an arrestee from plastic cuffs (the cuffs were tightened twice after the arrestee cried out in pain); and,
- black bruising on the buttock of a young female protester from the butt of a police gun.

Arrests

Approximately 54 citizens were arrested, ticketed and/or detained from November 13th to November 18th in relation to the G20 meetings.

Most arrestees were taken from marches and detained overnight.  It is believed that 43 protesters were arrested on Saturday, November 17th and most released at approximately 4:00am, Sunday, November 18th with no charges laid.

Many arrestees remain completely ignorant of why they were arrested.  Further information has not been made available to some protesters either at show cause hearings or first appearances.

Most protesters were asked to sign conditions of their release that may have included:
- not participating in political activities for up to one year;
- leaving the City of Ottawa;
- not entering a specific geographic area for a fixed period of time; and,
- not participating in G20 protests.

Reports respecting conditions in custody include:
- numerable protesters having pants and shoes confiscated while general population prisoners only had shoe laces removed;
- extremely cold cell and transportation temperatures while bedding, blankets or clothing were denied; and,
- no appropriate food available for vegans, vegetarians and Jewish detainees.

These reports include one young demonstrator stripped and showered after being tear gassed and pepper sprayed.  She was kept in cold conditions wearing only paper clothing and threatened with not receiving her clothing when released in the middle of the night.

Process Violations

Most protesters had their right to the counsel of their choice denied.  Most protesters were not allowed to make a phone call of any sort.  Many were denied access to counsel of any kind.  Some were forced to use “duty counsel”, lawyers that had been arranged by the police to be available in anticipation of mass arrests.

The Collective has secured the commitment from the Ottawa Police that all protesters arrested during the G20 would have the choice to contact the Legal Support Hotline for referral to a lawyer.  This agreement was broken early on the first day of the protests, and remedied later in the day through contact with the Police.  The agreement was again broken on the second day of the G20 and not remedied until approximately 6am on the third day.

The Legal Hotline did not receive a single call from arrestees on the main day of the protests, Saturday, November 17th, as protesters were not allowed to make any telephone calls, including to lawyers.

Many protesters report confiscation (items not returned) of material including video and photographic evidence of police brutality, recording equipment, cameras, watches, protective clothing and gas masks.

Illegal Search

The Collective received many accounts of searches conducted by police.  These reports include:
- search of a residence without warrant or permission;
- forced search of persons without cause or permission; and,
- search “gauntlets” established requiring protesters to submit to a search in order to proceed.

Other Reports

The Collective received many reports respecting specific police tactics, including:
- the presence of sub-machine guns
- the use of tear gas
- the use of pepper spray
- the use of rubber bullets
- the use of ‘bean bag” guns
- the use of concussion bombs
- the use of police dogs
- the omnipresence of under cover officers
- the omnipresence of police surveillance and recording
- the corralling and dividing of peaceful marches
- the intimidating presence of large numbers of police in riot gear
- the employ of ‘snatch squads’
- the use of forced searches
- the barricading of parade routes (communicated in advance to police)

In particular, we received many reports respecting the use and behavior of police dogs, including
- attacks when too close to the dogs,
- attacks when the dogs were out of control
- attacks on command of the handling officer
- attacks of protesters in the vicinity of an arrest
- attack sustained once a protester was on the ground
- attack witnessed of an out of control dog biting the handler

The Collective notes with great concern the presence of unidentified officers on the streets.  When asked about the lack of identification, one OPP officer replied “we’re just the boys in black.”  Further, we note the difficulty in identifying officers with identification numbers only on the back of helmets.  Some officers were present even without obvious police identification as the word “police” was blacked out of the protective shield.  The Collective had secured the commitment from the Ottawa Police that all officers in the operation would be identified.

Immigration

The Collective received numerous reports of difficulty, detainment and exclusion at the border from individuals attempting to enter Canada to attend the G20 protest.  Protesters were denied entry solely on the grounds that they were headed to the G20 protests.  Individuals with no prior arrest or legal history were detained, possibly on the grounds that they had attended other anti-globalization protests.

Lisa Fithian, a trainer in peaceful protest, was detained for two days by Immigration Canada and released with no conditions or charges.

The Legal Support Collective has been affiliated with the Spokescouncil for the G20 protests.   The Collective does not represent any protest organizations.  We are a group of volunteers who have coalesced around our objectives of providing legal training, education and support services and protecting civil rights.  We enjoy the support of lawyers, law students and people with legal training.

This Info Bulletin is not intended to be a comprehensive report of the information compiled by the Legal Support Collective.  This report is intended for general public awareness only.

- 30 -

For more information, please contact:

The Legal Support Collective (613) 244-8321
Media Contact: Sarah Dover (613) 236-0338 or
   John Hollingsworth (613) 244-0122
 

Appendix II

Poetry after Ottawa

 I wake up nights
to get up mornings
and a deep, young voice
whispers Alice
you’re not safe

These are not my streets
these are my memories
Lebretton dogs, Bill’s twins, Maude’s screaming
Hull, Laurier Bridges, gauntlets and gas masks
Laurier Bridge, Sarah
he says
he says
he says
it’s so quiet in my memory

I am so sorry
I am
so, so sorry
you have been
betrayed

Like who left
power
that struck
911 said and never
never came, birds on wires
squirrels in trees
the house is on flannel fire
we’re tangled
in the 911
cord
 Let me say it
let me say it
clear with words and paper
this and that happened
and let me
not feel long enough
to help
and hold even tones
let me
not care for long enough
to speak to the bruises
coming in stories, going
home less than what this
is tic tac tongue
when I’m not
not human or hiding
that my city, my
home, my khaki cashmere body
has been looked upon
let me be strong
enough
to feel this
 
 

 
Quebec City

 I’m crossed
legged on a street
pavement really hard, warm, oily
I’m feeling “let’s go”
streets are to pass through
not sit on
the peace
sign
I’m holding above my head
holds me down
Allan says 700
storm troopers, blitzkrieg
plexiglas shields
say something
black batons held waiting
for a head
…or we’ll remove you
 by force
to 15, the 70
year old people
sink to more gentle
like an act of defiant
forgiveness
Allan says 300
from the other side
(no exit route
no exit –
across the grass hill,
onto the over pass
down stairs too narrow
for everyone)
So it comes, like expected
but not
as CS gas canisters
roll in to the legs and laps
15, 70
probably 40 and
we scatter
I pull, I’m not
leaving the teenagers
stuck with what
to the asphalt
I can’t
I can’t
see them
I can’t
breathe
vomit stuck behind
choking
all I know is voice
all I know is pain
and friendship
pulls me through the clouds
he’s puking
I’m okay, I’m okay
we wait and
finally
Allan
finds us
our affinity group
blown wild like spring cotton fluff
we’re together if only
for together
no one apart
no one
to make sense
of this