This is what democracy looks like?
NAKED EYE / Police wield broad powers against Olympic protester
Robin Perelle / Vancouver / Tuesday, February 16, 2010
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POLICE LINE. Police presence at the Fri Feb 12 anti-Olympic protest.
(Jeremy Hainsworth photo)
We were ambling up Dunsmuir towards the Robson Square zipline when several officers suddenly stepped forward and detained my friend.

They said they recognized him from the protest on Saturday, the one that turned ugly. They called him an instigator.

He wasn't, Davyd had already told me over coffee that morning.

He was there, yes, but he neither threw anything nor condoned the destruction. He was there to peacefully protest all the resources allocated to the Olympics, he said.

I wasn't there that morning. I didn't see the masked protesters angrily break the Bay's windows. I didn't see the peaceful protesters hoist a ladder to hold as a barrier between themselves and the advancing line of riot police. I didn't feel the fear likely mounting on all sides, nor did I hear the riot police allegedly attempt to goad the ladder line.

But I did watch seven officers converge on my friend the next day, handcuff him and send him to jail. And I was shocked.

"What are you charging him with?" I asked, even as I punched in the number for the BC Civil Liberties' legal observers team.

Anticipated breach of the peace.

Anticipated? "But we're on our way to the Olympic zipline," I pointed out.

Your friend participated in the violent protest yesterday and may be on his way to join another one now, Const C Bridges politely explained to me.

Bridges was actually nice to me and seemed genuinely convinced that Davyd might pose a threat to the public.

"Even if you think he breached the peace yesterday, how do you justify detaining him now in anticipation of another offence?" I asked.

We're going ziplining, I reminded him. Wouldn't you have to expect another breach imminently in order to detain him?

This is not a new police power, Bridges replied. Police have always been empowered to keep the peace and prevent its breach.

So you're just going to pluck him and any other protester you recognize out of the public realm today to preempt any possible protests like yesterday's, I summarized.

That's a pretty broad police power. Especially when wielded in the context of political protest.

And it's a power that's rarely reviewed, notes lawyer Garth Barriere.

Common law grants police the power to detain people for breach of the peace, he explains, but the scope of the power and the way in which it's exercised is rarely challenged because it rarely results in criminal charges against the detainees. They're usually just removed from the public sphere for a while then released.

State powers should be reviewed on an ongoing basis to keep them honest, Barriere says.

The fact that these cops were exercising that power with a broad interpretation of anticipated harm in the context of a political protest makes me uncomfortable. The fact that this was taking place against an Olympic backdrop does nothing to ease my discomfort.

Only two days earlier I'd hauled myself out of bed before 7am to catch the torch run by my office. I may have misgivings about the level of resources allocated to the Games, but I still like the Olympic buzz. I like the crowds, the traffic downtown, the shared sense of celebration. It's a fun party and I'm glad I live in a host city.

But I'm having a hard time with the heightened security and I can't ignore its presence.

Neither can Micheal Vonn from the BC Civil Liberties Association. She's been hearing reports for months about members of the Integrated Security Unit (ISU) paying visits to known protesters.

The ISU visited all kinds of people to assess their threat level as the Games approached, Vonn says. They knew people's names, cell phone numbers, schedules.

It was an "ostentatious display of investigation," she says. A way to intimidate "people who have done absolutely nothing but express a political view. This is deeply concerning in the Canadian context."

Concerning but not surprising.

Police forces in North America and Europe have been implementing all sorts of new tools and special rules — like security perimeters and airport-style screening — at mega-events like the Olympics and leaders' summits for years.

Academics warn that these "mega-events are a Trojan horse for a kind of sea-change in police culture," Vonn says.

To be fair, she notes, the police response to the first Olympic protest on Friday was generally "excellent" and restrained. And thousands of people have peacefully taken to the streets in the last few days to express their views without constraint.

I counted 22 officers at the latest protest last night, but everything remained peaceful as protesters objected to government spending on the Games and Canada's presence in Afghanistan. One of the officers even thanked attendees for their cooperation and told me he was there to let the marchers make their voices heard.

I left the march feeling reassured that the ISU has not taken over Vancouver. Then I noticed another cop quietly filming the protesters.

"The Olympics is an anomaly," Vonn says, "but what is happening here is not."

As I trudged up the hill on Sunday to join the rest of my friends at the zipline, I recalled my favourite chant from Friday's protest. "This is what democracy looks like," protesters had exuberantly cheered that afternoon, revelling in the right to freely express their dissenting opinions openly, publicly and loudly.

What does it look like now? I wondered, as I waited for Davyd to call.




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Reader Comments


 
Sorry
Robyn, that's just too bad for your friend. He should have thought out his future before participating IN ANY WAY with the protest that took place. I'm very happy that most of them have been arrested and detained. We don't need billions spent on a party, but we also don't need violence on our streets because of it.
Michael, Van BC
02/17/10 11:05 PM EST
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protestors are not homogenous
the cops need to understand that protestors are not a homogenous group. not all protestors are share the same values or tactics in getting their message across. in any protest, there will always be a diversity of tactics and you cannot hold the protestors accountable for actions of others.
Tucker, Vancouver BC
02/18/10 12:26 AM EST
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The VPD strikes again!
@ Michael: You're missing the point. This particular protester was not one of the violent ones. He was demonstrating his views in a respectful and peaceful manner. The right (and quite frankly the responsibility) of protesting what we feel is wrong belongs to all of us. Those who committed violence at the rally should definitely be held accountable; in a democracy, police should never have the right to detain an innocent member of society based on their fear that that individual might take to the streets in protest. I personally love the olympics but I also believe in and respect free speech.
Patty, Saskatoon SK
02/18/10 12:53 AM EST
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Who COULDN'T be held for any reason?
It should not be possible to detain anyone for anticipated offences. All offenders were at one time law-abiding people. That fact alone means that any of us are subject to being detained or worse, in anticipation that we may commit an offence. It's an abuse of power.
Randy, Windsor ON
02/18/10 1:01 AM EST
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Who's to blame?
I feel sorry for the lemming known as Michael. Democracy when practiced corectly has checks and balances to keep abuse of power at bay. We cannot be afraid to stand up for what we believe for fear of retribution. This allows the possibility of a totalitarian state. Right now, we live in neither a totalitarian state nor a true democracy, but which are we closer to and in which direction are we moving? I was in the same march last Saturday. I witnessed some violence and it was a shame that happened but I'm hesitant to place blame. The violence I saw was restrained, aimed at an Olympic sponsor. If they are complicit in supporting a totalitarian group (IOC) then perhaps we should consider who the real criminals are. If the police are the military arm of this entity then we need to watch them closer also. On Saturday the police also witnessed the violence but did not move in to stop it. But I did see them unnecessarily pushing peaceful protesters a few minutes later. Or were they even protesters, they were just walking down the sidewalk at the time. No, I don't think I will be showing the police too much respect anymore. Like Michael, I used to have my eyes closed. I do think about my future, it's time for me to get active. Wherever I see a protest of injustice brought on by government, you can bet I'll be there, regardless of hired goons. I hope we don't have any more violence but until there is more balance in our political and economical system then maybe we do need violence in our streets.
Grant, Vancouver BC
02/18/10 1:27 AM EST
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police don't get who the criminals are
I was brought up to see police as helpers. It's hard for me to keep seeing them that way though, when I see them consistently getting aggressive with people who are just acting on their democratic responsibility (thank you, Patty) to participate in public discourse. Why do they target the most responsible citizens instead of the least responsible? I was hauled off by 4 cops just for standing peacefully by the road with a gag in my mouth when the torch went by. I'm pretty sure I was filmed while they interrogated me. They said, "Don't get violent now!" when I was pulling my arms away from their grips. How are any of us supposed to trust these "helpers" to see things accurately when they have such a biased perspective on who really threatens public safety, and who they're actually working for?
Alison, Courtenay BC
02/18/10 3:25 AM EST
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Thanks for the article
Thanks Robin Perelle for a nice well written article that still respects authority while at the same time critiquing it. Instead of being some hippy diatribe...Thank you again. But I would just like to say that violence is never the answer for anything Grant. Also we are NOT a system of checks and balances this is Canada not the US. Also, by committing an act of violence or disrespecting the police you forfeit your rights. A few innocent people got arrested and charged? So what? Did they go to court? Were they found guilty? No. So in the end the system worked. Remember Social studies class, Social responsibility? My rights are guarantied by other people respecting and obeying them, and I have a responsibility to observe and respect other peoples rights. If any part of that reciprocal relationship I damaged then rights get taken away.
Kim, Edmonton Alberta
02/18/10 12:28 PM EST
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Lemming speaks
Some of you need a reading lesson. So this article is written by Robyn; friend of the guy arrested. Apparently this friend stated over coffee one morning to Robyn that he was there, but didn't do anything bad. Ummm...ok. Were any of you commenters there at the protest? Can any of you bear witness for this friend? No?, Didn't think so. Thanks.
Michael, Van BC
02/18/10 5:40 PM EST
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Zipline... really?
"ANY one of us who in any way uses these games in any fashion to profit or promote (in cash or otherwise) forfeits legitamacy as an Olympic protester. Its just the same as protesting outside a Chanel fur fashion show and selling anti fur T shirts...It just means you are the parasite instead of the beast." - Joan Edwards How can your friend possibly protest the olympics one day and then want to participate in one of the many amazing FREE events put on throughout the city. You can't play both sides of the fence, either you're with the olympics or you're not. But you don't get to protest them, and then take advantages of the benefits, it's hypocritical and ridiculous. Get a grip. If that's the game they want to play they should all be thrown in jail. The time for protesting has passed. Sit back and take it and stop crying. Thanks.
Derek, Vancouver BC
02/19/10 12:37 AM EST
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Facing facts
Your "friend" seems to have convinced you to believe two impossible things before breakfast. The first is that it is possible to have two protests (violent and non-violent) at the same time and place that are somehow unrelated to each other. It seems more likely to me that the protesters with barricades were there to protect the vandals from the police. The second is that someone who participates in a violent protest against an event one day is going to join in the celebration the next morning. How naive is your friend? Does he really believe that marching alongside other protesters does not condone their actions? Does he really expect to be welcomed into an Olympic venue? If he is an instigator, what's your role, Robin, in his plans and how naive are you?
Brian, Vancouver B.C.
02/19/10 5:55 AM EST
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Who needs a reading lesson?
First of all Michael, as I stated, I was at the protest. I understand now why you have your point of view. You believe in guilty unless proven innocent, like the police at times. I also call Davyd my friend and I can bear witness that at no time did I see him doing anything illegal. If you need someone who was watching him 24 hrs a day then I suggest you leave Canada and find the police state of your choice. And Kim, I respect you when you said that violence is never the answer. If everyone lived by that motto then the world would surely be a better place. But do you have any idea how ridiculous you sounded when you said "by committing an act of violence ... you forfeit your rights." That is exactly what the police train for, to be as violent as they feel necessary in order to incapacitate those opposed to them or their employer. Good luck finding your dream world as well.
Grant, Vancouver BC
02/19/10 7:58 AM EST
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Sorry Grant
I was born and raised here, I ain't going anywhere...sorry. So that's great! You witnessed him not do anything, but he was at the protest and condoned it by being there. Did your "friend" jump in the way and try to stop the violent protesters? Seen as how you were there as a witness, you can tell us if that's true please? And you "friend" was on his way to the zipline the next morning? GIMME A BREAK! Was he on his way to protest the zipline????? ...didn't think so. doh!
Michael, Van BC
02/20/10 10:43 AM EST
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This story stinks
like my house
Emery, Vancouver B.C.
02/20/10 10:54 AM EST
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A waste of time
Still need that reading lesson,huh Michael? 4th paragraph of the original article: "He was there, yes, but he neither threw anything nor condoned the destruction." Oh, but according to your moronic logic, he condoned it by his inaction. So I suppose the thousands of people who were also there watching the protest when the damage was done but simply stood by also condoned the destruction. And I have no idea what the zipline has to do with anything, he never mentioned it to me. Robin only said they were meeting friends there. Going elsewhere from there or planning to watch or take part in the zipline, I honestly have no idea, nor do I care. It really has nothing to do with our out of control police department which is what the article was about. Something your limited reading capability was unable to figure out. You're a waste of time, Michael. Say what you like in response. I'll preface it by declaring now that whatever you say is surely idiotic. Of course you're not really interested in answers to your questions, you think you have it all figured out. Might as well continue with your half-witted conclusions. I can't be bothered pointing out your errors anymore so I won't respond again. It's too bad you will not be able to wait for the answers to any more questions you have. You'll just have to get them wrong all by yourself. It's your best talent.
Grant, Vancouver BC
02/21/10 11:04 AM EST
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Weird
place to meet your friends eh? Right smack in the middle of the Olympic stuff he protests, THE ZIPLINE! Planning to meet so you could marvel at the thousands having fun while you meet and get sick to your stomach? You are stupid.
Michael, Van BC
02/21/10 1:40 PM EST
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In support of 'lemmings'
This column is just what I've come to expect from the uber left leaning Xtra West. Pathetic. To paraphrase: "My friend Davyd already told me over coffee that he wasn't the instigator of the protest". Yeah, right. But evidently he was close enough to it, to discuss it over coffee and defend himself. BS, just like the rest of the tripe this paper spews. I lost all respect for the so-called 'peaceful' protesters when action turned violent and destructive.
Stephen, Vancouver BC
02/24/10 1:56 PM EST
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surprising
I found it surprising how many commentators here are blaming the peaceful protesters for the actions of the few who resorted to vandalism, I would hardly call smashing windows violence since it wasn't directed at people. So out of thousands of peaceful protesters some resorted to vandalism so now all are guilty of vandalism? Why not take it even further and blame everyone in the city for the vandalism, you were all there in the city yet none of you did anything to stop the vandalism, the cops didn't even do anything to stop the vandalism so by that logic they're just as guilty as the vandals. Detaining citizens because they were in the vicinity of vandalism is very heavy handed in my opinion and likely very unconstitutional yet it never gets challenged in court since no charges are ever laid, its detention without charge, anyone here blaming the peaceful protesters could just as easily themselves been walking down the street when the vandalism occurred and therefore treated the same as the person in this article, they'd be singing a very different tune if that were the case, being in the vicinity of a crime, a very minor crime at that doesn't make a person guilty of that crime, that's what totalitarian and police states do and it shouldn't be happening in a healthy democracy. Demonizing the left too is counter productive when it was the left wing in this country and protests by them that gained us all our equality rights, if left up to the right wing gay sex would still be illegal in Canada and every advancement of the last 40 years for LGBT Canadians would never have happened, you don't have to agree with everything left wing but its pure ignorance to assume we'd be where we are without them and they should be at least shown respect by LGBT Canadians even if you disagree with some policies.
Rich, Toronto Ontario
02/24/10 8:00 PM EST
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????
Smashing windows is hardly violent? Say what? Can I come over and smash your windows this weekend? And again, we do not know this "friend" was peaceful. For all we know, his friends are just protecting him. You weren't there. I wasn't there.
Marc, Vancouver BC
02/26/10 10:55 AM EST
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Who are they trying to kid?
Ask the BC Civil Liberties Association what they thought of Police conduct through the Games. You'll be surprised by their answer. Hint: It does not support this column at all.
Stephen, Vancouver BC
02/26/10 3:47 PM EST
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windows are not persons
Marc smashing windows is vandalism, smashing someone's face is violence, no matter how materialistic you are surely you can see the difference and don't actually hold objects to the same value as you do people, saying that smashing windows is violence is like saying smashing someone's face is vandalism, its ridiculous. Yes I know you really really disagree with what some did at that protest but by exagerating and giving windows a human quality by claiming violence was done to them either reveals just how materialistic you are or how little you care about humans by conflating vandalism with violence. By the way the way I know the friend wasn't one of the vandals besides being told so in the article and not having any reason not to believe this writer was because the police officer recognized him from the day before when those committing acts of vandalism were wearing masks or balaclavas so they couldn't be recognized by the police, therefore anyone who was recognized wasn't covering their face and wasn't vandalizing any windows. By the way no you cannot come over and smash my windows, but even if you did do so you'd be charged with vandalism and not assault. Do you see the difference?
Rich, Toronto Ontario
02/26/10 6:53 PM EST
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re: Who are they trying to kid?
Stephen you should reread the article, Robin wrote "the police response to the first Olympic protest on Friday was generally "excellent" and restrained. And thousands of people have peacefully taken to the streets in the last few days to express their views without constraint". That is a hardly a condemnation of police conduct through the games. What Robin is taking issue with and quite rightly so is the liberal use of preventative detention by the police after the protest. It is a legal thing to for them to do but it doesn't make it right, the day before it was the... I forget what they call themselves but they always wear black and cover their faces and consider themselves anarchists, anyways it was that group that committed crimes the day before, just being at the same protest as them doesn't make someone guilty by association yet the friend was treated as guilty by association when they were subjected to preventative detention the next day. Condemning what they did to the friend is a very different thing than condemning the police response in general during the games like you seem to be suggesting. By the way the BC Civil Liberties Association while acknowledging that the police conducted themselves professionally during the protests was also very critical of them deploying military weapons, semi automatic rifles in addition to the sonic gun they bought which was developed for military purposes and has only been used by civilian police by the Russians in Chechnya, the Chinese and now Vancouver. As well they were also quite critical of the police and the CBSA trying to conduct an informal search of some of their offices used by their monitor program without a warrant, they did leave when asked to do so though there was no explanation of why they would try to covertly do an informal search of their offices. So yes they were happy with the way the police handled themselves at the protests but that does not mean there wasn't other issues.
Rich, Toronto Ontario
02/26/10 7:56 PM EST
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DUH
Yes, Mr. Smartypants....smashing windows, huge ones at that, IS vandalism. Never said it wasn't. It IS also a VIOLENT ACT! It's not a nicey, pretty act is it? Dumbass.
Marc, Van BC
02/26/10 11:28 PM EST
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Not Convinced
Are balaclavas the face of democracy? I’m not convinced they are. And I’m definitely not convinced breaking windows at The Hudson Bay Company had anything to do with the freedom of peaceful assembly. I’m not convinced anyone who shows up at a demonstration, geared in military balaclavas to “peacefully protest”, shouldn’t be brought in for questioning. I’m not convinced your friend Davyd wasn’t abetting in a criminal act. Perhaps next time he wishes to demonstrate his Charter of Rights, freedom of peaceful assembly, he should have the courage to show his face. In the meantime, and for the sake of public safety of the people, I’m quite comfortable with the Vancouver Police Department detaining him for questioning or taking him in for further questioning due to an illegal act he was party to. He’s an abettor in my mind and nothing more.
Lisa, Vancouver BC
02/28/10 1:41 PM EST
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