Sept 27, 2007
Kingston Whig Standard
Though Mohawk activist Shawn Brant is free on bail while awaiting trial on charges stemming from blockades and protests in April and June, his lawyer, Peter Rosenthal, is complaining of excessive security at Brant's bail review hearing last month.
"Given the way [the Ontario Provincial Police] did act on Aug. 10, it seems to me there are only two explanations for their behaviour. Either they were trying to intimidate the supporters of Mr. Brant's or investigate for whatever purposes the supporters of Mr. Brant's. It's not responsible," Rosenthal said.
Brant is facing six counts of mischief exceeding $5,000, two counts of breaching his recognizance and one count of failing to obey a court order.
In August, he was released on strict bail conditions forbidding him from participating in any demonstrations or protests and from leaving his house for 30 days without police permission.
OPP Inspector Ron vanStraalen said officers were carrying out the court's wishes at the bail hearing.
"Security is a court issue, and we were doing what we were asked - to carry out security for the court - and we did," he said.
Rosenthal said the measures used by OPP officers during the Aug. 10 hearing included asking people to sign in, giving their full name, address and date of birth.
He said they were also videotaped by police officers as they entered the courtroom.
"I was asked for identification and I provided it and the reason I didn't make a fuss about it is I had a lot to worry about that day. I was trying to get Mr. Brant released from custody," Rosenthal said.
"It was something I found extremely offensive at the time."
VanStraalen said as far as he was concerned, there was nothing wrong with the measures being used.
"It's entirely possible we were acting on information that the public doesn't get and we provide security based on the information we have," he said.
Rosenthal said he was told he wouldn't be given access to the courtroom that day if he didn't provide the necessary information.
He said in his view, the police overstepped their rights.
"There's nothing written down in the criminal code about this. It's recognized that you need security at courthouses and police are responsible for providing that," Rosenthal said.
"As to how they do it, it's generally left up to their discretion, but their proper discretion has some limits in my view and they went way beyond that in my view."
Rosenthal, who has been a part of a number of high-profile court cases, said he has never seen security this tight. Though he's seen sharp-shooters used in terrorism cases, he said he has never seen cameras used to videotape people going into the courtroom.
For Rosenthal, the security on Aug. 10 could become part of a larger legal argument claiming Brant's Charter rights have been violated.
"It's one of the things I'm investigating. I anticipate having a very long list of the ways the OPP have violated Mr. Brant's rights and that might be one of them."