I think in general enforcement of laws (they are listed at
https://www.ottawapolice.ca/en/safet...onstators.aspx, pasted below for convenience) has been fairly lax around protests in recent years. Even though enforcing them to prevent the specific things people aren't allowed to do would not have stopped the protestors from making their points and being heard. Whether it was the railway blockades in 2020, the toppling of statues last year, and now the ongoing intimidation here in Ottawa, they are all things that we as a society have already said are not acceptable by creating laws against them, and we expect the police to enforce them.
I think that's the bigger issue - these people really do think their actions are justified, and the overall message society has sent is that if you dig in when you are breaking the law, the police will back down.
I don't buy the idea that as a blanket rule, "no enforcement" was possible out of fear of escalation. I would have thought at the very least, legal options could have been pursued from the very beginning (e.g. injunctions against obstruction or causing disturbances) to "remind" people of simple common sense behaviour when exercising the right to protest.
Now I don't think it's the Mayor's or the Councillor's place to direct or order how the police do their work - that would be politicising enforcement - but I do think it is their place to clearly tell the Chief on behalf of residents that we are not satisfied. Of course it's common sense that we don't expect officers to take on a crowd when they are outnumbered or be reckless in wading into a hostile situation - but we do expect some show of force and resolve on behalf of the law. Tickets on vehicles, visible presence at the entrance to the Rideau Centre when the first people started walking in without masks, visible patrols with arrests within the residential areas for breaches of the peace (as per below, not leading to charges but simply to restore order) come to mind as "less confrontational" starting points, for example.
Quote:
https://www.ottawapolice.ca/en/safet...onstators.aspx
The Supreme Court has recognized that "freedom of expression does not extend to protect threats of violence or acts of violence. It would not protect the destruction of property, assaults, or other clearly unlawful conduct." In addition, in some cases, the reasonable limits prescribed by law will also apply.
Section 1 of the Charter, which provides for limitations on rights and freedoms, states:1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it, subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
The following is a list of some of the relevant Criminal Code sections that limit certain activities:
- blocking or obstructing a highway (Section 423(1)(g))
- causing a disturbance (Section 175)
- common nuisance (Section 180)
- interfering with transportation facilities (Section 248)
- breach of the peace or imminent breach (Section 31)
- offensive volatile substance (Section 178)
- riots (Sections 32, 33, 64, 65, 67, 68, 69)
- unlawful assembly (Section 63)
- mischief (Section 430)
An arrest for breach of the peace, whether under the Criminal Code or the common law, does not result in a charge. [i.e., being arrested for breaching the peace does not lead to any legal fallout - it can be done without worry that people might end up with criminal records or disproportionate consequences] The purpose of an arrest for breach of peace is to restore order.
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