Press Release
Ontario Ombudsman to investigate G20 security regulation
TORONTO (Friday, July 9, 2010) – Ontario Ombudsman André Marin today announced he is launching an investigation into the origin and subsequent communication of the controversial security regulation passed by the province prior to the June 26-27 G20 summit.
The investigation, to be conducted by the Special Ombudsman Response Team (SORT), will examine the involvement of the Ministry of Community Safety and Correctional Services in the origin of Regulation 233/10, made last month under the Public Works Protection Act to apply to parts of downtown Toronto near the summit meeting site – and the subsequent communication about it to stakeholders, including police, media and the public.
The Ombudsman’s office has received 22 complaints relating to the G20, including several alleging that a lack of transparency and public communication about the regulation led to an atmosphere of secrecy and confusion and contributed to violations of civil liberties. “The complaints we’ve received so far raise serious concerns about this regulation and the way it was communicated, and I think there is a very strong public interest in finding out exactly what happened and how that affected the rest of the events of the G20 weekend,” Mr. Marin said.
The investigation is expected to be completed within 90 days, Mr. Marin said. Anyone who has a complaint or relevant information is asked to call 1-800-263-1830 during business hours or complete an online complaint form at www.ombudsman.on.ca .
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Notice to media: Mr. Marin will be available for interviews by telephone today between 11 a.m. and noon only. To arrange to speak to him, please contact:
Linda Williamson
Director of Communications
Tel: 416-586-3426
lwilliamson@ombudsman.on.ca
Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca
35 Comment(s)
July 9, 2010
Thank goodness.
July 9, 2010
Grateful for your attention , Mr Marin, to this important breech of trust of our public "servants".
July 9, 2010
Thank you for choosing to uphold our motto of Peace, Order and Good Government by initiating this investigation into the G20 security. As a Torontonian who witnessed and experienced the abuses of power during the summit, I welcome this decision and hope that our government will be made accountable for their gross errors in judgment.
July 9, 2010
A public inquiry by an independent investigator is definitely needed to find who is responsible for the wrong-headed orders and excessive military-type conduct used by the police against law-abiding citizens of Toronto. Those responsible must be publicly censured so that this never happens again.
July 9, 2010
I applaud this. I didn't participate in the protests, nor would I but in this age of video and photographs everywhere, I can't ignore what I've seen.
July 9, 2010
Thank you for taking these complaints seriously and investigating the questionable way the Public Works Protection Act was interpreted during the G20 summit. The public needs to understand how this happened.
July 9, 2010
I am 53 years old, I watched with HORROR the atrocious behavior of the police, I am deeply sadden and embarrassed to call myself a Canadian.
I have tried to teach my children that peaceful protest is not only a right, but a social responsibility. I desperately wanted to go to Toronto to participate, but was terrified! I was fearful about how an arrest would effect my home, my family, my business - and the fact I was terrified is a CRIME! I am proud to say my son, who is 20, took part - even though he had a gun, loaded I would assume, pushed in his face! Simply because he wanted to pursue his 'right' to protest what he thought was a tragic waste of tax payer money. He also wanted to protest Canada's stance on Women's health issues in Foreign Aid.
I am of the opinion that the Toronto Police are simply trying to sweep the events under the carpet, I truly believe that the Ombudsman has a Responsibility to Investigate the events. The trampling of our Civil Liberties by the Police and Politicians, both Federal and Provincial in such a cavalier fashion needs the full glare of a Public Inquiry, and should never, never be allowed to happen again.
July 9, 2010
I think the more important issue is who gave the orders to leave the BlackBloc alone, why those 4 police cars had no computers or guns and ammo as police cars usually do? and who gave the orders to arrest and harass peaceful protesters and people who happen to live in the area?
July 9, 2010
This is great! Thanks to Mr Marin and his staff for investigating the secretive security regulation. Any chance of a wider investigation?
July 9, 2010
thank you
July 9, 2010
I would first like to commend Mr. Marin for having the courage and the compassion to launch an investigation into this matter. I was not present during the G20 summit, however I feel that every Canadian's rights were violated as a result of the "secret law" as well as the inappropriate actions of the police force. It has restored my faith in our system that someone with a voice powerful enough to make a positive change, is using his position to do just that. Thank you Mr. Marin. It is very comforting to know this matter is being taken very seriously and is being properly examined.
July 9, 2010
Its time!
July 9, 2010
Thank you so very much!
July 10, 2010
So glad you are checking this out! Keep our country clean and democratic.
July 11, 2010
Thank you for trying to bring some accountability. I can't believe the city of Toronto actually praised the police for this outrage, who are they fooling?
July 10, 2010
Get to the bottom of this.
July 10, 2010
Your office is the appropriate one to investigate. It appears to me that the regulation was misinterpreted and the two day police stand off was a misuse of public funds. On any other day police cars on fire in the down town Toronto core would be put out immediately so I wonder why the fire department are not part of this investigation?
July 9, 2010
I thank you Mr. Marin. I was arrested at Queen and Spadina on the 27th of June and by what I witnessed and experienced, I lost faith in our ability to free speech, the Canadian government and the police force across the nation.
July 9, 2010
I was at the g20 and I was sitting outside a friends store and we were playing cards minding our own business, when all of a sudden we were pushed a side and told we were not allowed on our own property.. we were given NO reason as to why we needed to move... we were given NO WARNING ABOUT BEING SHOVED ASIDE LIKE CATTLE..... my niece is pregnant and went in to false labor due to the stress of it all and has bruises where the police man handled her. I AM DISGUSTED TO BE CANADIAN CAUSE NOW I AM NOT SO SURE WE HAVE THE FREEDOM WE SO READILY ADVERTISE TO THE REST OF THE WORLD. THE POLICE DISGUSTED ME ON HOW THEY HANDLED THIS SITUATION... THERE WAS NO WARNING NO SIGNS AND WE ALL GOT TREATED LIKE CRIMINALS. I HAVE NEVER FELT SO VIOLATED WITH MY RIGHTS AS A HUMANE BEING
July 9, 2010
Thank you very much for investigating this issue. While the police were in a very stressful situation, their approach to protesters (especially *after* the vandalism on Saturday) were deeply threatening towards Canadian citizens' Charter rights of free speech and free assembly. I am very grateful that you are looking into this matter.
July 9, 2010
The regulation in question was made using an "open ended" regulation-making clause in the Act. This raises serious questions whether the designation of the area in question (e.g., one containing private residences) is beyond the scope of the Act given its overall focus and content. The Act sets out what it covers in two subclauses that are specific and then adds an additional "anything designated". But when a law uses examples in a list, and then adds something open-ended, it is typical to interpret the open-ended provision in accordance with the examples and the overall evident purpose of the law.
The way the government is applying this regulation-making authority would change the character of the Act from what it appears to be on its face. The specific areas it protects are all clearly limited to public property that is also not "openly public" (in the way a park is) and none are purely private property of no public interest (e.g., someone's home or a private place of unextraordinary business). It is overly broad to then apply it to a large area including public roads and private property, where as asserted someone refusing to identify themselves on the way to their own home could be arrested.
The very fact the regulation was passed several weeks in advance shows there was no reason it could not have been publicized. The government's own "Open For Business Strategy" currently says that business must be given reasonable notice of new rules before being expected to comply. Simply publishing them on e-laws is not enough. Well if that is the case for business, why not for citizens going about their business? The government's failure to clarify misperception of the law until after the event is very troubling.
Even the claim it was on the e-laws website is very "cute" as it wasn't on the general e-laws site where most people would go to look. As of when it was used, it was still only in the area "regulations as filed" where new regulations are first put before they are then put into the consolidation of all regulations under Acts. Simply looking under the PWPA on e-laws would not have found it.
Another specific point, s.5(1) speaks to being found on the approach to a public works without lawful authority? As the people of a free country we have lawful authority to be found anywhere that is not property where the owner has excluded us. So what does "lawful authority" mean in this use? It can reasonably only mean an "approach" that is truly exclusive such as a ramp, not simply a sidewalk running parallel to a fence.
That the PPWA contains no requirement the zone it applies to be clearly marked physically on site is another flaw.
July 9, 2010
I am a 25 year old citizen of Ottawa. I have had a sick feeling in my stomach since the weekend of the G20 summit. I have been shown a new perspective of this country and I'm scared for it's future. I want to see this matter be taken very seriously. For anyone who doesn't think there was anything wrong with the policing of the G20, then i think there's something wrong with them!
July 10, 2010
Mr Marin,
Thank you. I work in downtown Toronto and felt the impact of the G20 well ahead of the actual summit, as business shut down, people stayed away and the police increased their presence. I don’t condone the violence but as a Canadian citizen I am appalled at what our governments did. With complete disregard for our rights and freedoms they put the city in a stranglehold and the provincial government facilitated them, as if all of them were above the law.
We have ways of enacting laws in this country and the role of police is to enforce the laws not break, bend or invent them at their own free will. The police do deserve praise for some of what they did but they also deserve heavy scrutiny for other things they’ve done.
Thank you for stepping up to start taking an objective look at one of the most troubling aspects of what they have done. Let’s hope other police and government actions are also subject to the same level of review and accountability.
Thank you
July 10, 2010
Thank you for this investigation. What happened in Toronto that weekend was shocking. It was a gross violation of our civil rights. I was under the impression that the government had to declare it when marshal law is being imposed.
July 13, 2010
PS. Thank for doing this.
July 12, 2010
It was particularly troubling that Chief Blair, during his press conference on the morning of July 25th, 2010 - repeatedly stressed the 5-metre rule and also repeatedly spoke about how well the designated area was defined in the PWPA. He didn't hedge his comments - but rather spoke with full authority and clarity. Thank you Mr. Ombudsman for looking into this.
July 14, 2010
Thank you.
July 15, 2010
I am very interested in where this investigation will lead us. Our rights are on the line and they need to be protected.
July 16, 2010
My fear is that the police have acted in a manner that predicates itself on past historical methodologies. When we found out, through the press, that statements were made such as "What I did worked" scares me to death. The reason is that the exact same comments were made during the Nuremburg Trials after WWII when asked about the Final Solution Policy. The police have too much power entrusted to them ... my fear is that abuse of this power as begun. If history repeats itself ... what would be next?? Concentration Camps?? Is this Canada???
July 21, 2010
We need to remember context in this situation as well. And we need to remember the rights of everyone, not just those 'protesting' and/or spectating!
July 20, 2010
It's a step in the right direction, and hopefully from this investigation, a public inquiry will be made. Now we just need to deal with the municipal and federal levels of involvement
July 28, 2010
I witnessed some events at the G-20 on Saturday afternoon. The events themselves were mild compared with what was to come, but my main issue is the way the police just moved on the public without warning. I complained to the OIPRD through the CCLA, and fully support your efforts to find out who, if anyone, gave police the permission to behave in this manner.
August 9, 2010
I am glad that you are investigating how the 5-metre rule originated. Could we please have a progress report of your review?
August 26, 2010
Hello,
As an observer at the police actions, security precautions taken, demonstrations and riots in the downtown, I'd say that everything was set up by group of people who were interested to receive such incredible amount (6B???) for the "security purposes".
For me it was a very bad organized show for society, that's why it's so obvious. I have a feeling that a police who were from both sides of the "barricades" and coordinated the riots just to report on money spent and present it as excuse for public for the actions. It's just bunch of misleading information for people over the media.
Tnx
I hope Ombudsman will drop light on truth cause Canadian society is the peacefullest in the world (together with Scandinavian countries).
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July 9, 2010
I am 23, and my second child is on the way. I don't want my children to grow up in a Canada where their freedoms are as delicate as the economy. Thank you.