Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Saturday, August 13, 2011

Toronto G20 Policing Too Aggressive, Judge Says

A Toronto judge has blasted police tactics during last year's G20 summit.

Lawyers defending some of the people charged with offences in connection with last year's summit say a Toronto judge's ruling this week is going to have "an enormous impact" on their cases.

The case in question involved Michael Puddy, who took part in a demonstration on Saturday June 26, at the corner of Spadina Avenue and Queen Street West.

Puddy was on his way to a concert when he decided to join the peaceful protest.

Minutes later he had been pushed to the ground and cuffed with plastic restraints. He was held in custody for two days.

Police testified Puddy had a 15-centimetre knife attached to his belt.

Puddy, 32, from London, Ont., was eventually charged with obstructing police, concealing a weapon and possession of a prohibited weapon.

The first two charges were dismissed three months ago. On Thursday Puddy was found not guilty on the third charge.

His lawyer, Adam Goodman, said Puddy had "no intention to obstruct the police or cause any trouble," yet he was arrested.

Justice Melvyn Green accepted Puddy's defence that he was not carrying the knife as a weapon and further ruled that since the arrest was illegal, so too was the search that uncovered the knife.

Puddy's arrest, he wrote, was "completely unjustified."

Green's judgment caused a stir because of its harsh criticism of police tactics. He said police officers acted as the aggressors that evening.

"The only organized or collective physical aggression at that location that evening was perpetrated by police each time they advanced on demonstrators," Green wrote.

He went on to say that the "zealous exercise of police arrest powers in the context of political demonstrations risks distorting the necessary if delicate balance between law enforcement concerns for public safety and order, on the one hand, and individual rights and freedoms, on the other."

Defence lawyer Howard Morton, who has two clients still facing G20 charges, said he thinks the ruling is "going to have an enormous impact."

"For the first time we have the outrageous conduct of the police that weekend being examined in a judicial setting in a criminal trial," said Morton.

"The judge called it what it was, outrageous police conduct."

Lawyers say the Ontario Court of Justice ruling will not set a precedent, but it will help to bolster defence arguments in future cases.

Origin
Source: Huffington 

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