City's True Intentions Toward Protests?

In spite of assurances by city officials and police that Charter rights will be respected in 2010, it could soon be illegal for Olympic protests to occur if Vancouver City Council endorses an administrative report due to be presented tomorrow at a regular Council meeting. The staff report urges that Vancouver's Director of Legal Services bring forth a new "2010 Winter Games" by-law that replaces or amends three existing by-laws. The City posted the 90-page report to the City's website last Thursday.

The recommended additions include a passage entitled "prohibitions regarding city land," which includes a clause that will almost surely trigger a Charter of Rights and Freedoms challenge. Clause 4B makes it illegal during the Winter Games without authorization to:

"(a) bring onto city land any
(i) weapon,
(ii) object, including any rock, stick, or glass or metal bottle useable as a weapon, except for crutches or a cane that a person who is elderly or disabled uses as a mobility aid,
(iii) large object, including any bag, or luggage that exceeds 23 x 40 x 55 centimetres;
(iv) voice amplification equipment including any megaphone,
(v) motorized vehicle, except for a motorized wheel chair or scooter that a person who is elderly or disabled uses as a mobility aid,
(vi) anything that makes noise that interferes with the enjoyment of entertainment on city land by other persons,
(vii) distribute any advertising material or install or carry any sign unless licensed to do so by the city."

Protest signs usually are made using sticks, often are larger than subsection (iii) allows (as are puppets and other protest devices), demonstrations almost always employ megaphones or other voice amplification devices, and can well "interfere with the enjoyment" of the Olympic spectacle by who chose to be so offended. Protesters often pass out leaflets as well. Thus, any of the dozens of protests I've attended over the last few years would easily be in violation of five of seven subsections.

The release of the administrative report comes only a day after the Integrated Security Unit (ISU) confirmed that a number of "free speech" areas were being designated for use of potential 2010 protests but did not need to be used by demonstrators who would be free to make their issues known the public without police interference. ISU chief, Asst. Commissioner Bud Mercer, has repeatedly stated that "if it's legal now, it will be legal in 2010." The staff report, if adopted, would seem to suggest that the ISU's recent position will not prevail during the 2010 Games.

The report goes on to document who would be affected by the by-law. Such persons include someone who "violates any provision of this By-law, or does any act or thing which violates any provision of this By-law, or suffers or allows any other person to do any act or thing which violates any provision of this By-law."

The penalty for any by-law violation is a fine of $2,000 for each offence.

Coming on the heels of ISU's recent statements about respecting Charter rights and the freedom to visibly protest, it's hard to avoid the conclusion that the proposed by-law will be used by police to squelch protest in 2010 if demonstrators try to move outside of the assigned protest pens. The City and the ISU seem to be sleepwalking toward a confrontation with protesters, all under the guise of the Staff's desire to "facilitate, accommodate, enhance, and secure the unique experience of the Games..."

When Charter rights for the many take a back seat to Olympic enjoyment for those who welcome the Games, we're in trouble.