Canada

Wascana Park protest camp charter case dismissed on appeal

A panel of judges at the Saskatchewan Court of Appeal found no error in how the previous judge ruled in this case.

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In February 2018, a teepee was installed in Wascana Park in Regina. It occupied the park and local headlines for months, and arrests were made before the camp was finally demolished.

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After his arrest, however, a legal challenge was filed on the basis of constitutional claims. A recent decision by the Saskatchewan Court of Appeal found that previous judges’ rulings on this issue were not erroneous, so these claims were also dismantled.

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The decision dated September 15, made jointly by the Court’s Chief Justice Robert Richards and Justices Peter Whitmore and Lian Schwann, states that the appellant’s arguments were not upheld and, as a result, the appeal was dismissed. .

This decision shows how the camp was built, starting with one tipi in February 2018. It also describes how various actions were taken in response to camps believed to be in violation of accepted park usage.

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Ultimately, when the teepee was not dismantled, police moved on June 18, in what the decision called an “emotionally charged” situation. Richelle DuBois, Guylen Henry, Constance DuBois, Prescott Demus, Dinah Mae Papekash, and Shannon Corkery were arrested. According to the decision, they were released when the central tipi was demolished.

The camp was reinstated, but those arrested sought legal recourse.”Declaring that the dismantling of the camps and their arrest and detention on 18 June 2018 unjustly violated their right to freedom of expression and freedom from arbitrary detention. ”

At the same time, the state government was seeking an order to evict protesters under the Land Recovery Act, and the State Capital Commission (PCC) was seeking an order for protesters to comply with the Parks Ordinance. Park protesters have filed notices claiming that certain sections of the law on which these orders rely are constitutionally invalid.

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A Queen’s Court Judge at the time handled the case and ultimately ruled in favor of the government and the PCC, ordering the protesters to leave the park. Moreover, she found that arrest was lawful and detention was not arbitrary.

The Notice of Appeal challenges these decisions andThe many mistakes Chambers’ judges allegedly made. ”

Park protesters accused the judge of overturning the burden of proof in conducting the analysis required by the Charter of Rights and Freedoms, failing to take the settlement into consideration in that analysis, and making inappropriate claims as to the grounds for the arrest. He claimed to have made a fact-finding. and detention.

The Court of Appeal panel disagreed with these arguments.

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Specifically, in terms of reconciliation, they found that “aims of reconciliation” could influence such analysis, although the Queen’s Court Judge at the time, called Appellant the protesters Inadequate explanation of how the settlement was made in the charter evaluation the issue, or how the settlement could have legal effect in the circumstances in this case.

Their submission on this point did nothing more than underscore the general importance of the settlement,” the Court of Appeals ruling said.

Two other arguments that appeared to have been part of the written submission were also investigated in the decision.

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We respectfully acknowledge that none of the appellant’s arguments have been successful and, as a result, this appeal must be dismissed.

“As for the cost, there is no order.”

bharder@postmedia.com

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Wascana Park protest camp charter case dismissed on appeal

Source link Wascana Park protest camp charter case dismissed on appeal

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