Here you have it. Ottawa cops acting like thugs who can’t read. SEE VIDEOS BELOW.
On February 2, 2010, student Marc Kelly was in the office of his Student Appeal Centre regarding the University’s illegal use of trespass and arbitrary denial of course registration against him when spotted by Dean of Science André E. Lalonde who presumably called the university police in a panic.
First the cops recognized the Trespass to Property Act and ask to see the student union lease of the Student Appeal Centre. The Act defines the “legal occupier” as the independent service renting the space.
Teacher assistant union (CUPE Local 2626) president Sean Kelly (no relation) explains Act to cops. Student Appeal Centre director Mireille Gervais (also a graduate student in law) explains Act to cops.
Then cops call the University lawyer who apparently responds with “the University owns all the property”. Yup, and your landlord owns your apartment but he can’t have your visiting buddy arrested for trespass… duh.
Cops take Marc Kelly from Student Appeal Centre office before student union president Seamus Wolfe arrives with lease of premises. Here, the appropriate word from the 60s comes to mind: Pigs.
In view of the basis for the arrest being the Trespass to Property Act, I would call this an unlawful arrest. Add Ottawa Police refusal to consider the central legal question of who is the “legal occupier” of the Student Appeal Centre office and you have a nice police-state atmosphere.
Surely former federal Minister of Justice and University President Allan Rock will step in and clear this mess up long before it goes to trial, and maybe coach his Legal Counsel on how answering cop questions is a context-sensitive matter…?
Then (2nd video BELOW) in a segment from a campus nightmare student union president Seamus Wolfe arrives asking the Ottawa Police Sergeant why they refused to consider the lease and why they entered student property without permission…
And, in the end, Wolfe said the F word (Fuck). He was forcefully arrested for “disturbing the peace by swearing”. Well, the video clearly shows that Wolfe didn’t disturb anything except one cop. And swearing is not illegal. Nor is being annoyed at a cop. (Arrest me!)
So it appears quite plainly that Wolfe’s arrest was a false arrest. At best the cop’s judgment is so bad in recognizing a “disturbance of the peace” that he should be sent back into training. Was a single member of the public disturbed? Can someone serve as a witness to this crime? I think a jury would find that the cop knew this was not a bona fide disturbance of the peace and would find the cop to be misusing the law and abusing his power. But hey that’s just me.
And where is Dean of Science André E. Lalonde in all of this? Maybe his judgment in making the original complaint should be questioned? Maybe the Dean could read the Trespass Act (all three pages) in order to avoid more such messes on campus? Or he could stay in his office?
RELATED LINKS:
President Allan Rock goes berzerk against student Marc Kelly
Student Liam calls on Rock to stop arresting students
SCUO students call on Rock to disarm and chalkon
Final solution applied to student Marc Kelly
Crown drops all eight criminal charges against student Marc Kelly
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6 comments:
I am absolutely appalled by Ottawa University and their actions. I am sorry I am a student there as of now. I have lost all respect for the Protection services, and the Ottawa Police in how they conducted themselves hiding behind what laws they pull out of their stinky buttholes
-firstly if you heard the video properly you can clearly hear Wolfe calling the cop a fuck face which is something really stupid to do.
- Secondly there is no need for a warrant when the person is in plain site. There is no search warrant required by law.
Its ridiculous to think otherwise.
Because according to your logic a person could kill someone then run to their apartment and be safe because its being leased to them.
I suggest you go back to reading your law books about why warrants are needed and not.
To anonymous legal expert:
(1) Doing something stupid is not illegal. You must break a law to be charged with breaking a law. Swearing is not illegal. "Disturbing a cop" is not "disturbing the peace". The latter is defined in law and it does not include insulting a cop.
(2) In this case the charge IS trespass (not murder or anything else). Under the Trespass to Property Act the relevant concept is "legal occupier" not "owner". The independent corporation (student union) renting and using the space is the legal occupier. So the university corporation does not have the jurisdiction to trespass a student from any student union office. It's a straightforward case.
(3) Wait and see: The Crown and University will miraculously drop the charges before it goes to trial. They do this all the time. See this example:
http://uofowatch.blogspot.com/2009/11/crown-drops-criminal-charges-against.html
Pierre Trudeau once said "Canada must be a just society." Most Canadians believe that it is - that is until they have encounters with the law. You then come to realize that you don't have to break the law to get arrested. There is a reason God says in revelation 13:10 - "He that leadeth into captivity shall go into captivity..."
Dear Denis,
The cops were well within their rights to arrest him for trespassing, seeing as in order to enter that particular part of campus, he would have had to trespass on property owned and occupied by the University of Ottawa. The only way he couldn't have trespassed would be if he developed teleportation and teleported to inside the office, which I can pretty confidently say that he did not do. So while he may have been located inside the office at the time the police arrived, it does not negate the act he so obviously had to commit to get there.
So sorry to blow a big gaping hole in your "logic".
P.S. It always amazes me the contempt displayed for the law and law enforcement by people when it doesn't suit their agenda. And we all know what your agenda is, Denis Rancourt.
The SAC-SFUO staff are the legal occupiers of the SAC-SFUO offices, as defined under the Trespass Act. The University cannot bar a student from the SAC-SFUO offices using a trespass notice. The law is quite clear on this point. And we may have the occasion to revisit this legal point if the Crown and University allow the case to go to trial without running in the other direction. The Police know or should know this, which is why they asked to see the lease (in the first video).
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