Tag Archives: G8/G20 protests

As can be “justified” in a “free” and “democratic” society?

The G20 protests, bail, and rights restrictions: a ‘free’ and ‘democratic’ society?

According to internet reports, after having been threatened with solitary confinement in the Toronto East Detention Centre’s “hole” (likely not a euphemism) without being permitted any communication and after having been refused contact with legal counsel, G20 arrestee Alex Hundert has been ‘released’ on bail.  Alex’s bail restrictions are nothing short of incredibly restrictive: amongst other conditions, he is not to directly or indirectly post anything on the internet, he is not to associate or communicate with any number of fellow community organizers and activists, he is not to attend or plan any public meeting or demonstration, and perhaps most tellingly, he is not to express views on political issues.

Bail conditions and restrictions are supposed to be a way for someone charged with an offence to be released with a restrictions to prevent further alleged crimes from being committed.  The restrictions in Alex’s case beg the question: what are the Crown prosecutors and courts concerned about?

Restricting Alex’s freedom of expression – taking away his human freedom, his human right, to have an opinion and share it – shows that the threat that he poses to the Canadian “public order” is not any action that Alex could take, out on the street with a sign, but his very thoughts and opinions.

Here’s what happens in an allegedly “free” and “democratic” society when your opinions and your thoughts and your political stances threaten the dominant order.  You get your rights restricted.  Speak truth about power? Now you’re not allowed to speak.

‘Constitutionally’ guaranteed rights?

Alex is not the only activist facing charges or restrictions of their civil liberties, but his bail conditions seem to be the most restrictive.  Importantly, his bail conditions significantly infringe on his theoretically guaranteed rights under the Canadian Charter of Rights and Freedoms – part of Canada’s constitutional law – notably those found under section 2, labelled as our “fundamental freedoms.”  Alex’s bail conditions expressly and clearly violate his freedoms of opinion, expression, and assembly.

At first blush, readers would be forgiven for wondering just how the courts could impose such restrictive conditions, especially restrictions that so clearly and flagrantly violate fundamental freedoms.  Especially those that are supposedly guaranteed under the constitution of our country, which takes great pride in publicly trumpeting its fairness and its democracy to the rest of the world.

Well, the Charter of Rights and Freedoms opens with an important clause: all of the rights contained within are subject to “such reasonable limits, prescribed by law, as can be demonstrably justified in a free and democratic society.”  So, folks, your rights contain a very important expiry clause in the fine print.

According to the Toronto Star, York University Osgoode Hall Law School professor Alan Young says

[T]he court has gone too far.

“It’s basically putting a gag order on a citizen of Canada, when it’s not clear that the gag order is at all necessary to protect public order,” he said, of Hundert’s restriction from speaking to the media.

“People have to be able to air grievances, and the media is a primary tool in which people can air grievances effectively.”

Young called the strict bail conditions “astonishing” — something unheard of in modern-day Canada.

This means that the government and the courts can – and do, regularly – infringe on your rights.  In order to do this, they just have to plan to meet what’s called the “Oakes test,” judicial jargon for an analytical test applied to the situation to see if the restrictions are permitted under the constitution.

(more after the jump) Continue reading As can be “justified” in a “free” and “democratic” society?

Protecting the people elected to do the peoples’ work from the people who want them to do their work

Three days, a fake lake, and $1 billion dollars in security costs later, the G8/G20 meetings will have wrapped up by the afternoon of June 27.  Over five hundred protesters will have been arrested, and as of the time of writing, at least three police cars have been burned.  Hundreds of police officers will have marched and massed and beat back people protesting the (in)actions of the G8/G20 and so many other causes.  Some reporters noted today that protests seem to happen everywhere the G8/G20 meetings go.  Perhaps that is indicative of a broader problem with the system itself.

Sitting here in Burnaby, it’s interesting observing the protests in Toronto on television or through social media.  Were I in Toronto, I would have been on the streets.  It would have been terrifying.  But it would have been liberating.

Yes, the protests and actions smashed some windows and burned some police cars.  Yes, the black bloc tactic was employed.  Yes, there were thousands in the streets.  But there’s a reason for this.  The people who are meeting in the downtown core of Toronto as part of the G8 and G20 are our “leaders,” our “politicians,” and they are the people who, according to the popular mythology, we have elected to do the peoples’ work.

But they’re not doing that work.  And the people are rightfully unhappy.  And they want to protest this lack of work.  And they do. And the police put on their riot gear and pick up their batons and pepper spray and beat back the people in the streets.  Why? They’re “protecting” the people in the meeting from the people in the streets.

The protesters in the streets of Toronto, of Vancouver, of Genoa, of Buenos Aires, of Santiago, of Johannesburg, and of so many other cities and towns and places around the world are demanding a different world.  And they’re demanding a different world, a better world, in the only way that might be left.

Emma Goldman famously said, “if voting changed anything, they’d make it illegal.”  So many of the people in the streets of Toronto today were there because they voted for a difference.  And no matter who was in power, promising that difference, it has yet to come.

The media argue that the protesters in the streets have resorted to “violence.”  Smashing a window is not violence.  It is destruction of property, certainly, but not violence.  And the property being destroyed when someone smashes a window of a bank or a transnational corporation is but one manifestation of an inherently violent system, capitalism, which requires subjugation and exploited labour and alienation.  The window of a bank is one manifestation of a system with forcibly enclosed public spaces, which removed people from lands and removes the product of peoples’ work from their own control merely because they must work to survive.

The smashing of a window is an act of freedom, as it smashes the manifestation of the violent system and strikes at its heart.

And our “leaders,” the politicians, know the violence of the system and its inherent contradictions.  The capitalistic desire to profit more created the commercial ‘products’ and predatory lending and so forth that caused the economic crises that hurt so many.  The crises that the G8/G20 meetings are struggling to address, in order to restabilize capitalism.

And the people don’t want this.  They want their education system to be free and of high quality.  They want public health care. They want equality and freedom.  This is the peoples’ work, and it is what so many of us vote for, when we are permitted to vote.

But our “leaders” aren’t doing this work.  And so the people are in the streets, protesting.

And the fences go up, and the police march in, and the boots come down, to protect the people who have been elected to do the peoples’ work from the people who elected them.  Who want them to do their work.

Friends, we have a choice.  We can continue to hope that the people that we vote for will actually do the work that we want them to do.  Or we can do it ourselves.

I’ll see you in the streets.