Fences and Fundamental Rights!

Earlier this week the Ontario legislature granted the police extraordinary powers for the duration of the G20 Summit in Toronto. In order to provide maximum protection to world leaders key components of the Canadian Charter of Rights and Freedoms have been suspended. Many Civil Rights groups see this as a slippery slope that sets a precedent in terms of abrogating or eroding constitutional AND legal rights at the whim of politicians. There was no debate in the legislature and the bill passed swiftly...and quietly into temporay law. In a nutshell, it gave police the power to both fine or detain anyone approaching the "fence" erected throughout the downtown core. Canadians have not seen such a suspension of civil liberties since the "War Measures Act" of 1970. Back then, arrest and detention rights were suspended due to a "perceived insurrection" caused by two kidnappings by the FLQ.

The "legal" rights being tinkered with are made clear in our Consitution (The Charter of Rights and Freedoms);

Legal Rights

Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Arrest or detention

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

The police have a different take on these matters as voiced in the CBC article below;

"The public has nothing to fear with this legislation and the way the police will use this legislation," said Burrows. "It really comes down to a case of common sense and officer discretion. If you're approaching that fence line, we want to know why."

Burrows said that police, at their discretion, can deny access to the area and "use whatever force is necessary" to keep people out.

Anyone who refuses to identify themselves or refuses to provide a reason for their visit can be fined up to $500 and face up to two months in jail.

The regulation also says that if someone has a dispute with an officer and it goes to court "the police officer's statement under oath is considered conclusive evidence under the act."

The new regulations remain in effect through Monday, when the G20 delegates leave town.

Burrows said police have already made "two or three" arrests under the new rules as of Friday morning.

"We're bound by duty to protect the people that are going be within that fence line," said Burrows. "If you refuse to tell us [why you're there], then we have to assume that your purposes are not of a peaceful nature."

Read more: http://www.cbc.ca/canada/toronto/story/2010/06/25/g20-new-powers.html#ixzz0rtSF6bNW

It is one thing to spend almost $1 Billion providing security to visiting dignitaries..it is quite another to tamper (even temporarily) with the laws of the land and treat citizens with such disdain by eroding thier liberty.