Police cannot arrest lawful protesters, even to prevent violence by others, Supreme Court rules

“This is the authority that police used to justify the biggest mass arrests in Canadian history in the G-20 debacle,” lawyer Sean Dewart said, referring to the preventive arrests of more than 1,000 people in 2010 in downtown Toronto. Mr. Dewart represented the Canadian Civil Liberties Association, which intervened in the Fleming case. “Democracy and freedom of expression are considerably more safe than they were as a result of this ruling.

The Supreme Court restored the damages order , and sharply criticized the appeal court for stressing the effectiveness of the police action when constitutional rights were at stake. “The purported power in this case would directly impact on a constellation of rights that are fundamental to individual freedom in our society,” she wrote.

Police have arrest powers under the Canadian Criminal Code for such things as resisting or obstructing officers carrying out their duty, but only when they use less intrusive methods in circumstances such as Mr. Fleming’s case, the court said. The OPP did not argue that any Criminal Code powers applied to the situation involving Mr. Fleming.

I hope this helps the street preacher in Toronto

What? No shit.

Fabulous only 10 years to late, Randy wasn’t the only victim of this in Caledonia a very dark moment in the history of Ontario that for the most part unreported in the media

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