Following sent to CTV News
Go to the following url and read the Press Release by the Toronto
Police with respect to the F4J Demonstration at Jack LAYTON’s office
on 08 Aug 08.
Go to the following url and view the photos of the men on the roof of
Jack LAYTON’s office. NOTE: The police refer to this as a house. Note
that Plywoodman is wearing a safety harness. Could this be confused
with a noose in full daylight. Do persons threatening suicide
normally wear a full safety harness.
Your full raw footage may also be viewed. I know it will produce
nothing to support the Toronto Police Press Release.
The arrest of Mr. BOGAN was filmed and broadcast by your Toronto
station. Did any of your personnel on scene obtain footage of
Below find the text of a letter sent to the 55 Division. Confirmed
received by phone on the evening of 08 August, 2008.
Toronto Police Service
Officer in Charge, 55 Division
Via Fax 416-808-5502
Dear Sir or Madam:
I have received information that you are holding two of our
members in custody resulting from what began as a peaceful non
criminal demonstration, and was escalated into dangerous incident by
the actions of the Toronto Police.
In this letter I will not belabour the doctrine of reasonable
and probable grounds. I am sure you are well versed in them and in
the haste to create a spectacle they were simply forgotten and or
ignored by your members.
I have heard reports that our members will be charged. The
proposed charges on the news reports are trespassing and or mischief.
I have also heard “interfering with public property” I will write
that off as either a very inexperienced police officer or a media
error. I have also heard “vandalism” which would in effect be
mischief. To my knowledge there was no damage done by our members.
With respect to the proposed charge of trespassing, the only
criminal charges with respect to trespassing would be trespass by
night, at or near a dwelling house. From the information I have
received it appears that the building involved in this is a
commercial building, in any event the time involved is the daylight
hours thus negating any criminal charge.
With respect to a possible charge of mischief. Two protesters
on a flat roof protesting for their civil rights in no way interferes
with anyone. The only interference in this incident was actions of
members of the Toronto Police Service.
In a free and democratic society it is the right of all
citizens to peacefully protest. There are of course laws limiting
that right. The proper procedure in the case of this trespass would
be for the owner of the property in question to, either directly
themselves, or by an authorized agent, request that the protesters
leave their property. If the protesters refused the next step would
be for the owner to apply for an injunction in the Superior Court of
Justice compelling the protesters to vacate the property. Once the
protesters were informed of the court injunction and if they then
still refused to leave then the matter would be a matter for police
action in enforcing the Superior Court injunction.
The police are agents of the State, not a private security
agency. Your officers do not and should not deal with matters which
are not a breach of the peace and involve civil matters. As stated
above, if your services are required it is the jurisdiction of the
courts to give you such direction.
I therefore demand the immediate release of our members. As
the Officer in charge of 55 Division we, as of the time of receipt of
this letter, hold you personally responsible for the unlawful
detention of our members Denis VanDecker, and Mark Bogan. Your
personal responsibility in this matter does not of course absolve the
Toronto Police Service of liability for the continued unlawful
detention as a result of unlawful arrest of our aforsaid members.
A subsequent release of our members by the courts under any
conditions does not absolve you and or the Toronto Police Service of
liability in this unlawful arrest and detention.
You may contact me at (778) 837-1224
Hal Legere, VP and Director of Legal Affairs