On that controversial “regulation”

I an not going to get into whether the temporary designation of an area of Toronto near the G20 summit location was necessary or whether the arrests that were made were warranted except to say that very few individuals appear to have been arrested using this regulation . I will however comment upon the manner in which it came into effect and the lack of public information as to who, what and where it impacted upon.

Lets start with this from the G&M:-
Toronto's police chief is admitting there never was a five-metre rule that had people fearing arrest if they strayed too close to the G20 security perimeter....... A ministry spokeswoman says the change was about property, not police powers, and did not include any mention of a zone five metres outside the G20 security perimeter. When asked Tuesday if there actually was a five-metre rule given the ministry's clarification, Chief Bill Blair smiled and said, “No, but I was trying to keep the criminals out.”
Even though it wasn't accurate, the public was left to believe the province had given officers the power to demand identification and detain anyone with five-metres of the G20 site. All weekend there were reports of police stopping people throughout downtown Toronto — often in areas nowhere near the G20 zone — demanding identification and to search bags and backpacks.

Some have searched unsuccessfully to see the actual text and found this:-
Public Works Protection Act, ONTARIO REGULATION 233/10 DESIGNATION OF PUBLIC WORKS This Regulation was filed on June 14, 2010. A current consolidation of this Regulation is not yet available on e-Laws. See Source Law for the text of this Regulation. Notice of additional information: On June 21, 2010 this Regulation came into force. There may be more recent events that are not included in this notice.

However with a bit of digging I found this:-

http://www.e-laws.gov.on.ca/Download?dDocName=elaws_src_regs_r10233_e

Ontario regulation 233/10 made under the public works protection act

Made: June 2, 2010
Filed: June 14, 2010
Published on e-Laws: June 16, 2010
Printed in The Ontario Gazette: July 3, 2010

Designation of public works

Designation

    1.  The following are designated as public works for the purposes of the Act:

      1.   Everything described in clause (a) of the definition of “public work” in section 1 of the Act that is located in the area described in Schedule 1, including, without limitation and for greater certainty, every sidewalk in that area.

      2.   The places described in paragraphs 1, 2 and 3 of Schedule 2.

Revocation

    2.  This Regulation is revoked on June 28, 2010.

Commencement

    3.  This Regulation comes into force on the later of June 21, 2010 and the day it is filed.

Schedule 1
area referred to in paragraph 1 of section 1

The area in the City of Toronto lying within a line drawn as follows:

Beginning at the curb at the southeast corner of Blue Jays Way and Front Street West; then north to the centre of Front Street West; then east along the centre of Front Street West to the east curb of Windsor Street; then north along the east curb of Windsor Street to the centre of Wellington Street; then east along the centre of Wellington Street to the centre of Bay Street; then south along the centre of Bay Street to a point directly opposite the north wall of Union Station; then west along the exterior of the north wall of Union Station to the centre of York Street; then south along the centre of York Street, continuing east of the abutments under the railway overpass, and continuing south along the centre of York Street to the centre of Bremner Boulevard; then west along the centre of Bremner Boulevard to the east curb of Lower Simcoe Street; then south along the east curb of Lower Simcoe Street to the north curb of Lake Shore Boulevard West; then west along the north curb of Lake Shore Boulevard West to the south end of the walkway that is located immediately west of the John Street Pumping Station and runs between Lake Shore Boulevard West and the bus parking lot of the Rogers Centre; then north along the west edge of that walkway to the bus parking lot of the Rogers Centre; then west along the south edge of the bus parking lot of the Rogers Centre to the west edge of the driveway running between the parking lot and Bremner Boulevard; then north along the west edge of that driveway to the north curb of Bremner Boulevard; then west along the north curb of Bremner Boulevard to the east curb of Navy Wharf Court; then north along the east curb of Navy Wharf Court to the southwest point of the building known as 73 Navy Wharf Court; then east along the exterior of the south wall of that building; then north along the exterior of the east wall of that building to the curb of Blue Jays Way; then north along the east curb of Blue Jays Way to the curb at the southeast corner of Blue Jays Way and Front Street West.

Schedule 2
designated places referred to in paragraph 2 of section 1

      1.   The area, within the area described in Schedule 1, that is within five metres of a line drawn as follows:

Beginning at the south end of the walkway that is located immediately west of the John Street Pumping Station and runs between Lake Shore Boulevard West and the bus parking lot of the Rogers Centre; then north along the west edge of that walkway to the bus parking lot of the Rogers Centre; then west along the south edge of the bus parking lot of the Rogers Centre to the west edge of the driveway running between the parking lot and Bremner Boulevard; then north along the west edge of that driveway and ending at Bremner Boulevard.

      2.   The area, within the area described in Schedule 1, that is within five metres of a line drawn as follows:

Beginning at the southwest point of the building known as 73 Navy Wharf Court; then east along the exterior of the south wall of that building; then north along the exterior of the east wall of that building and ending at the curb of Blue Jays Way.

      3.   The below-grade driveway located between Union Station and Front Street West and running between Bay Street and York Street in the City of Toronto.

I will let those more familiar with the area decide if the pre-summit spin on this was correct or not but can say that given that the police arrested hundreds of “protesters” outside of this specified area using existing legislation that it is most certainly undemocratic for officials to lie about its impact and fail to notify the public of it existence. It also appears that arrested citizens were not given the opportunity to contact someone (be it a lawyer or a friend or relative) in a timely manner. Frankly I do not know exactly what the “normal” process dictates but it would seem to me that holding someone for 24hours or more without having a chance to let family know that they are at least alive is cruel and unusual punishment on the families and individuals involved. It seems that the “processing center” was not much on due process, that too may well be an abuse of democracy. No doubt the courts will decide in due course but meanwhile I will join the call for a full inquiry into this whole fiasco.

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