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?
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