Archive for May, 2012

RCMP G20 report, let the bullshit begin

Posted on May 14th, 2012 Be the first to comment

Hard to know where to begin on the recent report by the RCMP exonerating itself (surprise surprise) of any wrongdoing during the G20 summit here in Toronto. How about responsibility, for starters. Well, you all remember the infamous kettling incident where the police just rounded up everyone walking through the street, encircled them, and kept them standing in the rain for hours? Who was responsible for that again?

Bill Blair said, yeah, the Toronto Police gave the orders:

“I do acknowledge the operational command decisions were being made by a Toronto police superintendant who was the operational commander at the time here in Toronto,” he said.

How very interesting, considering the RCMP report claims that they were calling the shots.

 The RCMP assumed the role of security lead by authority of the G8 Summit Privileges and Immunities Order, 2010-2, and the G20 Summit Privileges and Immunities Order, 2010. These orders created the legal basis for Canada to host the Summits and, accordingly, provided the RCMP with authority pursuant to the Foreign Missions and International Organizations Act to take the lead role for security of the events.

The decision makers for the G8, in descending order, were the Executive Steering Committee, the UCC Commander, the Area Commander and the Site Commander. POUcommanders, if deployed, were given authority to make decisions with respect to the tactics and equipment to be used during time-sensitive operational situations. A similar matrix was created for the G20, but an added level of Jurisdictional Commander, e.g. the MICC Commander, appeared below Site Commander to reflect the addition of the MICC.

When asked what his [ISU’s Lead] expectations were of the UCC Commander and the TACC Commander in this situation, the ISU Lead stated that he would only expect the UCC Commander to get involved if there had been a strategic need to do so (e.g. need for additional resources). The ISU Lead was clear that the kettling was a tactical decision—that is to say, it was made by the Toronto Police Service.

Even more interesting is the claim that the RCMP broke their own rules in kettling protesters:

The RCMP reluctantly participated in kettling protesters at the G20 riots in Toronto in 2010, under orders from the local police, even though the controversial crowd-control technique is not part of the Mounties’ playbook.

So right out of the gate we have the Toronto Police claiming to give orders to the RCMP while the RCMP claims it was in charge (a number of times), and then admitting to using tactics contrary to its own “playbook”. The a TPS tactical decision overrides the RCMP’s stated policies? And who’s in charge again?

Moreover, it is the RCMP stated policy “always” to give crowds a way out.

Then there’s the back-pedaling being done on Bill Blair’s secret law (suddenly and without warning applying it to half of downtown Toronto , even when many people directly asked, certainly made it “secret”):

Documentation provided to the Commission indicates that the Public Works Protection Act regulation was enacted in response to concerns expressed by the Toronto Police Service that officers would not be able to demand identification from those wishing to enter the area in which the Summit was taking place.

“Wishing to enter”? Funny, that’s not how it was either interpreted or enforced. In fact, the law says a few different things that don’t coincide:

Powers of guard or peace officer

3.A guard or peace officer,

(a) may require any person entering or attempting to enter any public work or any approach thereto to furnish his or her name and address, to identify himself or herself and to state the purpose for which he or she desires to enter the public work, in writing or otherwise;

(b) may search, without warrant, any person entering or attempting to enter a public work or a vehicle in the charge or under the control of any such person or which has recently been or is suspected of having been in the charge or under the control of any such person or in which any such person is a passenger; and

(c) may refuse permission to any person to enter a public work and use such force as is necessary to prevent any such person from so entering. R.S.O. 1990, c. P.55, s. 3.

There was no provision for arrest if you didn’t “show your papers” simply walking around the fence, even though that’s exactly what the cops did, even though it’s obvious that this really only applied to people wanting to get inside the “Public Works” area. There’s also a lesser-known tidbit from around that time:

The Integrated Security Unit, comprised of security bodies including the Toronto police, RCMP and OPP, were concerned that lawyers were advising radical activist groups that police have limited right to question, identify and detain individuals near the fenced secure area downtown, Mukherjee said.

Blair made the request after ISU members decided extending the powers in the act, which covers buildings including Union Station and Toronto police headquarters, to the G20 fence, he said.

“The decision makers felt that a clearer articulation of what those limits are would be useful. It was not chief Blair alone. It was the ISU,” said [Police Services Board chair] Alok Mukherjee.

How about that? The RCMP claims in their report it was Toronto Police Services alone that “expressed concern” (i.e. wanted to terrorize people on the street without warrant), yet articles from that time show the RCMP (and the OPP) were in on the push for the secret law right from the get-go.

One of the more blatant lies maintained in the RCMP report is that police acted in good faith by “pre-arresting” people before they had a chance to cause trouble at the G20:

During the lead up to the commencement of the [G20] Summit, intelligence led threat assessments will be prepared by the Joint Intelligence Group (JIG). These reports will document threat levels relating to terrorism threats and planned protest threats.

The ongoing intelligence from these reports will have an impact on the deployment of human and material resources, where the potential for confrontation between protestors and police personnel are likely to occur. G20 Operations personnel conducted Vulnerability Risk Assessments in Toronto in December 2009 of the proposed venue, airport and hotels.

All “targeting” will be based upon criminal predicate: Suspects will be determined based upon their proven willingness, capacity and intention to commit criminal acts and/or create situations that pose public safety concerns.

The RCMP conclusion:

Finding No. 8: The JIG appropriately identified and assessed criminal threats to the Summits.

That a fact? Of the 70 or so pre-arrests that were “appropriately identified and assessed criminal threats”, how many of the charges stuck? Literally none. In fact, this was pretty much par for the course during all police actions during the G20, yet the cops managed to completely miss actual trouble-makers, and this more than once.

These are just three examples in the report. I haven’t even read the whole thing and already I’m finding the stench of bullshit unbearable. If you’re willing to hold your nose long enough and find more “inconsistencies”, I’d love to hear from you and append them here. I’m sure it’s filled with examples of this kind of crap which the mainstream media are missing in favour of easy-to-read, highlighted admissions of failure.

 

Filed under: B Sides, Patrick Bay, Why I'm Right

Rob Ford’s continuing asshattery

Posted on May 8th, 2012 Be the first to comment

So how did Mayor Rob Ford celebrate International Freedom of the Press day?

He made a proclamation, refused to talk to the press, and b-lined it for the exit. This, just days after after admitting to threatening Toronto Star reporter Daniel Dale. Keep in mind that no one asserted Dale was trespassing when walking around behind Ford’s property, no one countered Ford’s threatening behaviour, and it was obviously Ford who made a call using the then-stolen property acquired through intimidation.

Putting icing on the cake, Ford said he wouldn’t be part of any media scrum that had Dale in it, and this isn’t the first time he’s directly excluded media from City Hall. In fact, not even the second time.

This could all be described as deeply ironic, if only it weren’t Rob Ford making a mockery of it all.

Filed under: Dispatches, Patrick Bay

A visit with the Integrity Commissioner

Posted on May 8th, 2012 Be the first to comment

So Sarah and I took a trip down to University Avenue to visit with Janet Leiper, the Integrity Commissioner for the City of Toronto. I’m pretty sure you can guess that the topic of discussion was our less than lustrous mayor and his continuing antics. Specifically, we were curious to know what steps could be taken to oust the man (and I use that word lightly), and what her office’s role could be in that.

Janet is a surprisingly youthful and slim woman (for someone who listens to the bitching and moaning of the city all day), and was very cordial in welcoming us to her office — something that rarely takes place (most people just call). It wasn’t a big space, shared only with her assistant Wendy, and was filled mostly with office supplies, bulky office equipment, books, desks, and one small round table around which we sat.

She began by opening a weighty volume, the City of Toronto Code of Conduct for Members of Council and explaining that this, for the most part, was the territory that she treads. Then she drew a three-slice pie diagram explaining that, out of the three slices of a Member’s responsibility, she was responsible for interpreting complaints related to their conduct (the other two being legal / criminal responsibilities, and political responsibilities). To put it another way, the Code of Conduct is what she’s responsible for admonishing. Should the matter be criminal or a failure of political responsibility, her role would be only to advise people to take it up with others under whom these jurisdictions fall.

The role of the Integrity Commissioner is, for the most part, to smooth over relations so that, for example, when some Council member is having a tiff with another member, she can recommend that the two apologize. Her recommendations are the definitive word on whether or not the Code of Conduct has been breached and, when it’s something big, her recommendation is brought to Council for a vote for action. Janet is also a lawyer (this gig is only a part-time role for her), so she is basically the professional vetting of whether or not the Code has been breached — if she says yes, there doesn’t need to be any question about it. However, if a member of Council breaks a rule beyond simply the Code, it’s taken one step higher to the courts, precisely why Rob Ford is being tackled by Clayton Ruby.

We were told, in no uncertain terms, that we were more than welcome to contact Janet’s office any time we felt that the Code of Conduct was being breached, and even if it wasn’t specifically spelled out “in the letter” of the code, we could go by “the spirit” of the document which is spelled out in the preamble. In other words, even if the thing doesn’t mention a specific infraction, there are certain overarching elements that cover what the Code is supposed to be about. These include:

  • Members of Council shall serve and be seen to serve their constituents in a conscientious and diligent manner;
  • Members of Council should be committed to performing their functions with integrity and to avoiding the improper use of the influence of their office, and conflicts of interest, both apparent and real;
  • Members of Council are expected to perform their duties in office and arrange their private affairs in a manner that promotes public confidence and will bear close public scrutiny; and
  • Members of Council shall seek to serve the public interest by upholding both the letter and the spirit of the laws of the Federal Parliament and Ontario Legislature, and the laws and policies adopted by City Council

So let’s say you believe that the Mayor had a conflict of interest in using public money to fund his high school football team — start by having a gander of the Code of Conduct. If you can find anything specific covering such an action (or you believe the spirit of the thing has been breached), you should go right ahead and file a complaint with the Integrity Commissioner. That complaint can be private, or it can be formal (which will require an affidavit and some other paperwork), the second accusation obviously being the more serious one (and one that the Commissioner is able to discuss publicly). The Commissioner’s office will then investigate the complaint and provide a recommendation. That recommendation can be brought before Council for a vote, or she can recommend that you get a lawyer and they can take it from there.

In any event, the Office of the Integrity Commissioner is a great place to start if you think that members of Council have broken the rules. Just be sure to point out which part of the Code you think they’ve breached (she can’t actually recommend things like that, it would make her seem biased). Even if you’re not 100% sure, you can ask — that’s exactly why she’s there!

And, if I can share the one major take-away that this visit left me with: getting involved with the machinations of City Hall (or any level of government), is not at all difficult! Even if you don’t know exactly how to proceed with something like a complaint, all you have to do is ask and you will be directed to the right place. You’ll learn more about how the city works in 30 minutes than you could by reading all the newspapers around town, and along the way you’ll discover that most of these mechanisms are actually in place primarily for citizens, not just Council members, reporters, and others who would end up interpreting things for you.

And it’s exceedingly easy in most cases. I started with an email which resulted in an appointment for a phone call. We misunderstood and actually went down to the Integrity Commissioner’s office, but that’s usually way more effort than you’d have to put in.

We said our goodbyes, took the elevator down to street level, out onto University, and made our way up to discuss what we’d just learned over bevvies. While we didn’t actually do anything, the meeting emboldened us to take further steps to get our buffoon of a mayor under control. The bravado came from knowing we’re both just regular Joes off the street; we have no legal training, no lawyers, no money to back us, and no connections to support us, yet we have as much power to file a formal complaint that could oust the mayor (or any member of Council) as anyone else!

If I can recommend just one thing, if you’re frustrated with Mayor Ford or his minions, if things seem to be spinning wildly out of control, if City Hall seems to be working against you, the citizen, and not with you, don’t be afraid to get in touch with someone like the Integrity Commissioner and find out what steps to take to fix things. It’s easy, friendly, and even if you don’t get the answer you need right away, you’ll be pointed in the right direction.

Filed under: B Sides, Patrick Bay