Ontario Gives Police Sweeping Powers During G20 Summit in Toronto

Jun 26, 2010
Arthur Weinreb

Toronto Police Chief Bill Blair - Photo from University of Toronto Magazine

Broad powers of arrest and search without warrant given to police during the G20 Summit only became public knowledge after the first arrest was made.

Before Dave Vasey, 31, was arrested and detained for a few hours on June 24, 2010, very few people knew about the vast powers of search and arrest that police were given for the G20 Summit being held in Toronto on June 26 and 27.

After Vasey’s story became public, Toronto Police Chief Bill Blair held a news conference where he explained that the law was neither new nor passed in secret. It was done just as much to protect protesters as other people. He was correct in saying that the law under which these enhanced powers of arrest and detention were granted was not new; it has been around for years. But, as far as the regulation that applies specifically to the G20 Summit weekend in Toronto, it was secret for all those who don’t make looking at new Ontario government regulations on the Internet part of their daily routine.

Public Works Protection Act

The Public Works Protection Act has been in force for several years and its purpose is to protect public facilities such as highways, bridges, train and police stations and government buildings.

The Act authorizes the Solicitor General of Ontario, the head or deputy head of municipal councils, police chiefs and certain officials with the Ontario Provincial Police to appoint “guards”. Once a guard is appointed, he or she has the power of a peace officer for purposes of the Public Works Protection Act. A guard can confront any person who attempts to enter or even “approaches” a building or place that has been designated as a public work under the Act and demand that they state their business. The guard can also demand identification and if a person is unwilling or unable to furnish such ID, they can be arrested without a warrant.

These guards also have the power to search any person found attempting to enter or who approach a public works. In addition, the guards can search any vehicle that is approaching or attempting to enter a public work as well the driver and any passengers in that vehicle. Warrants are not necessary to conduct these searches.

Anyone who fails to comply with a direction by a guard can be arrested without a warrant and charged with breaching the Act. Upon conviction, the person can be sentenced to up to two months in jail or fined $500.

Ont. Reg. 233/10

Under the Public Works Protection Act, the Lieutenant Governor in Council, that is the Ontario cabinet, can designate what constitutes a public work for purposes of the Act. The cabinet can also designate the area that constitutes an approach to a public work.

On June 14, 2010, Ont. Reg. 233/10 was filed and published on eLaws on June 16. The regulation designated the security fence around the Toronto Convention Centre where the meetings of heads of state are being held as a public work. The regulation also defines an approach as coming within five metres (16.4 feet) of the fence.

Both the government of Ontario and Toronto Police Services issue numerous press releases but neither issued one informing the public of the added powers that were given to police during the weekend of the G20 Summit. The premier and the police chief argue that the regulation was not made in secret because it was posted on the Internet where all regulations are posted. Critics argue that the general public was deliberately kept in the dark to prevent a court application being made to attempt to have the regulation struck down. The regulation only became generally known after Vasey’s arrest.

The arrest of Dave Vasey

Vasey claims that he was simply walking along the fence when he was approached by a police officer who demanded that he produce identification. He was told if he didn’t show his ID he would be arrested. Vasey told the officer he felt uncomfortable having to produce his identification and was immediately arrested.

Vasey was transported to a film studio in the eastern part of the city that the police and other security personnel are using as a temporary jail for the mass of people that are expected to be arrested during the G20 protests. He was placed in a wire cage for a few hours and then released. He is to appear in court on July 26, 2010 and there are indications he will fight the charge on constitutional grounds.

Chief Blair told the media that officers will give a person who is stopped an opportunity to leave the area. However, there is nothing in the Public Works Protection Act that makes this a necessary requirement prior to search and/or an arrest.

There are a lot of condominium buildings around the security zone with thousands of people having to pass the fence to simply go to the store. The passing of this regulation and the secrecy surrounding it has created a large controversy.

Ont. Reg. 233/10 ceases to have effect on June 28, 2010 after the conclusion of the G20 Summit.

Source: The Toronto Star