[mobglob-discuss] All charges dropped - by Jaggi Singh

[Tom Childs]

http://www.rabble.ca/in_your_own_words.shtml?x=29055

All charges dropped

I was targeted for arrest and nabbed off the street by an undercover
snatch squad 
                                                   
by Jaggi Singh 
December 9, 2003 

After more than two-and-a-half years, all charges against me
related to the Summit of the Americas in Quebec City (April
2001) have been dropped. 

Last week, Judge Beaulieu of the Quebec Superior Court
ordered a stay of proceedings in response to pre-trial
motions I made for unreasonable delay and abuse of
process. A three-week jury trial that was to begin in January
2004 * which would have involved a huge effort in terms of
work, expenses and logistics * has now been cancelled.
While the stay of proceedings prevents me from going directly
before a jury to be acquitted, it is still a huge victory, and
once again deprives the police of a conviction in court. 

There are many other Summit of the Americas cases pending,
including a current jury trial involving three defendants who
were charged separately but are being tried together: Luke
Parkinson of Fredericton, N.B.; Denis Fortin of Montreal; and
Colin O'Connor of Peterborough, Ontario. They are facing riot
charges, and are defended by Pascal Lescarbeau (who acted
as my legal advisor, and very capably argued my recent
pre-trial motions). The trial is expected to last three weeks. 

To date, there have been many acquittals, a few deals (which
have been especially tempting for out-of-town defendants)
as well as a few guilty verdicts for the hundreds of people
who were arrested and charged during the Quebec City
uprising against the Summit of the Americas and the FTAA. A
written summary of the Quebec City Summit cases is
forthcoming, and will provide a useful insight into the use of
the state, police and courts against dissent (and the
resilience of a protest movement that has tried to meet the
legal challenge head-on, with some substantial victories). 

In my case, I was targeted for arrest and nabbed off the
street by an undercover snatch squad a few hours after the
fence was torn down during the Carnival Against Capitalism
march on April 20, 2001 in Quebec City. I was charged with
participating in a riot, breach of conditions, and possessing a
dangerous weapon: a teddy-bear launching catapult. I was
detained for 17 days in prison before winning bail. During
various court hearings while I was in detention, police
witnesses and crown attorneys alleged that I was the leader
of the demonstration, and that the catapult was used to
launch rocks and Molotov cocktails. One officer testified under
oath that the teddy bears could have transformed into
Molotovs (no joke). The police did "ballistics tests" on the
catapult which were recorded on video, after the catapult
was seized from an affinity group from Ottawa (the
"Lanark-ists") by the police. 

In order to be freed from prison, I had to agree to conditions
of release that included a ban on "being a leader," and a ban
on using a megaphone anywhere in Canada (again, no joke).
Twice since my release, I've been charged with breaking
those conditions at demonstrations, and still face trials in
those cases. The conditions have been extended to ban me
from amplifying my voice in any demonstration for any reason
whatsoever, anywhere in Canada (yet again, no joke). 

In a rather strongly-worded ruling last week, the judge
agreed with many of my arguments, and wrote: "[The
defendant] has shown that the bail conditions imposed on
May 2001 have restrained his right to freedom, opinion,
expression and the right of freedom of association as
protected by article 2 of the Canadian Charter of Rights and
Freedoms." Over the entire court process, there were more
than two dozen court hearings related to my case, most of
which I was obliged to attend in person from Montreal. 

I cannot properly thank everyone who has shown incredible
support and solidarity starting moments after I was nabbed
off the street in Quebec City, in so many different ways: court
support, material support, good advice, translation, words of
encouragement, organizing campaigns. The support and
solidarity from so many places, in so many ways, over such a
long period of time, was so crucial to being able to effectively
fight these charges. 

I want to particularly thank all the organizers who were
active with the Anti-Capitalist Convergence (CLAC) in
Montreal and the Comite d'Accueil (d'Adieu) de Sommet des
Ameriques (CASA) in Quebec City, and also the incredible
support work by members of the Libertas Legal Collective,
and especially Pascal Lescarbeau, who is not just a skilled
lawyer, but a patient teacher and great ally. 

In the past two years, I have been facing six trials. I have
now won two important legal victories: the stay of
proceedings last week, and a not-guilty verdict several
months ago by a Montreal jury in relation to another protest.
Still, I have other trials, including "illegal assembly" and other
charges in relation to my involvement in the protest against
Benjamin Netanyahu at Concordia University in September
2002 (for which I was arrested four months later). I will be
dealing with the Concordia trial, and two others (for breach of
conditions), in the coming months, while awaiting a verdict in
a fourth case. To date, I have not been convicted. 

Undoubtedly, the most important way that I have maintained
morale throughout these legal proceedings is to participate in
* and to be inspired by * ongoing collective organizing
against war, poverty, capitalism and all forms of exploitation
and oppression. It's been necessary for me to assertively
respond to the legal detours in my way, but I most look
forward to organizing and working with you in our shared
struggle for justice, dignity and liberation. 

Finally, the judge also ordered that the Quebec police, who
have had the catapult in their custody ever since April 20,
2001, hand it over to me * who never even used it to begin
with, or even came up with the idea. My personal preference
was to build something called the "Trojan Donut" to break
through police lines, but that never worked out. Various
activists from across Canada who were involved with the
catapult in some way * from Alberta, Ontario and Quebec
City * will brainstorm how best to make use of the
soon-to-be "liberated" catapult. 

Jaggi Singh is a freelance writer and activist in Montreal.


--
Tom Childs - Audio/Visual Resources
Douglas College Library
New Westminster, B.C. Canada
T: 604 527-5713 - Library
T: 604 524-9316 - Lulu Island
E: childst at douglas.bc.ca 
U: BCGEU Local 703
W: http://www.globaljustice.ca 
   
     "There's no way to delay, that trouble comin' everyday."
                                    --Frank Zappa