Truemors
is reporting from
Member
NP Rank:
NP Rank:
Public Works Protection Act, New G20 Law, Dave Vassey Arrested
Share:
by NowPublic Staff | June 25, 2010 at 01:54 pm
3380 views | 10 Recommendations | 5 comments
Toronto Resident Dave Vassey Arrested Under Public Works Protection Act, Police Chief Bill Blair Says Law Not "New"
A newly enforced and extended regulation for the G20, the Public Works Protection Act has saw a Toronto man, Dave Vassey, detained for five hours in a wire cage apparently for work near the perimeter of the security fence at the G20 summit in the city's downtown.
The Toronto Star reports that Dave Vassey who is protesting the G20 summit says
Photos
Vasey was arrested Thursday afternoon while exploring the G20 perimeter with his friend, Cameron Fenton. He said they were just “walking around” when they were stopped by police at York St. and Bremner Blvd.
“The officer told me, ‘I am going to have to place you under arrest if you don’t show your identification,’ and I replied ‘I’m not comfortable with that.’”[/q]
At that point Dave Vassey was arrested. Vassey is an environmental activist and has been arrested during previous protests. What sets this apart is Vassey and his friend were not actually protesting at the time of the arrest they were simply walking near the security fence when they were stopped and detained by the police.
The arrest came because of newly extended and now enforced Ontario regulation - the Public Works Protection Act. The Act gives police and other designated "peace officers" during the summit sweeping powers of arrest and detention in normally open public spaces.
Powers of guard or peace officer
3.A guard or peace officer,
(a) may require any person entering or attempting to enter any public work or any approach thereto to furnish his or her name and address, to identify himself or herself and to state the purpose for which he or she desires to enter the public work, in writing or otherwise;
(b) may search, without warrant, any person entering or attempting to enter a public work or a vehicle in the charge or under the control of any such person or which has recently been or is suspected of having been in the charge or under the control of any such person or in which any such person is a passenger; and
(c) may refuse permission to any person to enter a public work and use such force as is necessary to prevent any such person from so entering. R.S.O. 1990, c. P.55, s. 3.
The key is the definition of a "public work" , here to, the Public Works Protection Act is sweeping. A public work includes the following:
"...any railway, canal, highway, bridge, power works including all property used for the generation, transformation, transmission, distribution or supply of hydraulic or electrical power, gas works, water works, public utility or other work, owned, operated or carried on by the Government of Ontario or by any board or commission thereof, or by any municipal corporation, public utility commission or by private enterprises,
(b) any provincial and any municipal public building, and
(c) any other building, place or work designated a public work by the Lieutenant Governor in Council. "
The Toronto Police Bill Blair said the Public Works Protection Act is not new and has always been on the books it has been extended to included areas in and around the G20
Though he conceded that police already have many “common law” powers they can use against unruly protesters, activists were challenging the legal basis for those power and the police wanted to be double sure they had proper authority to defend the fence.
“This is not new powers. It is not sweeping powers. It’s powers which are clearly defined in law,” Chief Blair said.
Advertisement
NowPublic on Facebook
What is NowPublic?
NowPublic lets people work together to cover news events around the world.
Crowd Power
NowPublic Staff
Vancouver, Canada
Most RecentMost Recommended Comments (5)
at 17:57 on June 27th, 2010
Why don't they read the Riot Act and be honest about the situation?
Oh, I forgot Canada is a free country... ya right!
Remember everybody has rights until they need them.
at 13:42 on June 28th, 2010
This act is from 1867 .. and I'm fairly certain 'Public Works' was never intended to be used to control the population, and keep us from peaceful gathering.its 2010 .. where can I go to be free? :(
at 20:43 on June 28th, 2010
The Public Works Protection Act was first passed in September 22, 1939 when the British Empire declared war on Germany. Read the Act on line here: www.canlii.org/en/on/laws/stat/rso-1990-c-p55/latest/rso-1990-c-p55.html There is a saying in Canada: "ignorance of the law is no excuse". Sometimes I think the citizens of Canada are illiterate. As for being free: no one is free. Wake up and smell the coffee.
at 17:09 on July 20th, 2010
From the definitions: “public work” includes, (a) any railway, canal, highway, bridge....“highway” means a common or public highway or a part thereof, and includes any street...This would seem to suggest that the act empowers police to challenge people anywhere, not just near the security perimeter. A terrible excuse for violating civil rights.
at 13:14 on September 1st, 2010
I was pulled over yesterday, by police, in Oshawa, Ontario. When I asked the officer why I was stopped, he paused, thought for a second and then informed me that it was a "Random Identity Check". This happened yesterday, August 31, 2010 - was it legal for him to pull me over for that reason?