Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Saturday, January 12, 2013

Toronto G20 Summit: protester convicted despite rights violation

A Toronto G20 Summit protester whose Charter rights were infringed by city police during a mass arrest has nevertheless been convicted of mischief for smashing store windows.

Eva Marie Botten, 31, of Surrey, B.C., was convicted Friday by Ontario Superior Court Justice Harriet Sachs of six counts of mischief over $5,000 and one of disguise with intent, according to court records.

She was accused of doing $160,000 in damage by smashing shop windows in the downtown core on June 26, 2010, during the G20 summit of world leaders that drew thousands of protesters to the city.

She returns for sentencing March 25.

In an earlier ruling on a motion during Botten’s trial, Sachs found Toronto police infringed her rights when they mass-arrested 263 protesters they had kettled in front of the Novotel hotel on the Esplanade on the night of the 26th.

One officer shone a laser beam at the end of his weapon at Botten and chanted, “Eenie, meenie, minie, mo, arrest a protester by the toe,” the judge said.

“The contempt demonstrated by this behaviour has the eerie overtones of the worst sort of abuse orchestrated by fascist states,” Sachs said in her motion ruling, released in October.

“The conduct of the police at the Esplanade constituted a very serious affront to both the applicant and to the community at large,” the judge said.

The judge excluded the evidence gathered against Botten as a result of the Novotel arrests because of the breach of her Charter rights, but did not toss all the charges, as the defendant had requested.

Sachs said police conduct has already been subject to five reports and will not be ignored if the prosecution against her is not stayed.

Original Article
Source: the star
Author: Peter Small 

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