UPDATE AND THANKS FROM VAUGHN BARNETT

Anonyme, Wednesday, August 20, 2003 - 19:45

Author: Vaughn Barnett

First paragraph (Teaser):

Wednesday, August 20th, 2003

I am pleased to say that I am not writing this from prison. On Friday, 15 August 2003, the Quebec Superior Court ruled that the judge at my bail hearing had erred, and that I should be released without bail or any conditions on my right to protest. While representing myself at both hearings, I was much assisted by lawyer Denis Poitras, whom I wish now to thank publicly, for his assistance both in Montreal and two years ago in Quebec City.

Rest of the text:

My release from prison actually occurred Friday evening, when it was officially the weekend at the prison, and thus too late for the return of my donated canteen money. Fortunately, I was met at the prison gates by some of my court supporters, who took care of me (after being driven off the prison grounds by a careening security vehicle, for the seditious act of starting to make use of a camera). The same fellows drove me around, fed me at an East Indian restaurant, offered me brief accommodations, took care of
some media business with me, and generally made me feel like the centre of their universe (thanks a bunch, guys). All of this made it worth waiting for a later bus out of Montreal, Saturday morning.

Before leaving Montreal, my friend and I picked up a care package from home, which came too late for prison, but was wonderful to have for the bus ride back to New Brunswick. My friend also was kind enough to postpone his own bus ride to Toronto, to wait with me, and to make sure I had what I needed for my trip.

On the way home, I apparently missed a close bus connection (i.e., missed a bus call by answering nature s call), which resulted, down the road, in a 13-hour stopover. Not wanting to call home just to have people feel bad about me being stuck so long in a bus station, and not realizing that my supporters were so dedicated that they were following the other bus schedule and planning a surprise welcome for me, I decided to slip into town quietly without fanfare, and then meet with my supporters after a good rest, when I
could better give them the attention they so deserved.

Having, as a result, missed the surprise welcome, and unintentionally caused some worry, I want to apologize, as well as let these people know that their waiting for my bus, rain or shine, was not for nothing. Rather, in one sense, it turned out better this way, because I was able to get that much needed rest first, and yet still receive the uplift of knowing that people cared enough to greet me on my arrival. To everyone who was waiting for my bus, please know that this show of support moved me to find out who each of you are, and that your individual support is therefore felt and very much appreciated.

Similarly, I would like everyone who supported me during my imprisonment to know that I appreciate you as an individual and a fellow comrade. I have been quite inspired and even overwhelmed by the solidarity directed my way, and I cannot help but get a bit emotional thinking about it. While I will not mention names here, for fear of leaving anyone out, I hope that, in due course, I will be able to personally thank everyone who has assisted me in this cause - for the media coverage so ably arranged, for the funds donated or raised, for all the wonderful words of encouragement by phone and by mail, for the management of my affairs back home, for the testimonial and other support in court, and for all the other big or ostensibly small ways in which you people out there have contributed to this team effort. You are my unsung heroes.

Solidarity Always,

Vaughn

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Subject:	Radically Legal: an interview with Vaughn Barnett
Author:	fredericton
Date:	Sat, 2003-08-23 10:13

http://www.rabble.ca/rabble_interview.shtml?sh_itm=4a88b066aa85733e845b8...

Vaughn Barnett was one of 150 protesters rounded up in a mass arrest on July 28 during protests against the World Trade Organization mini-ministerial in Montreal. Almost three weeks later, on August 15, Barnett was the only protester still in jail after refusing to sign a conditional release to regain his freedom. “I would as soon sign a conditional release as buy back something that was stolen from me,?he told the court during the review of his bail hearing that resulted in his release with minimal conditions.

Barnett was held for 42 days following the Summit of the Americas in Quebec City after refusing to sign a conditional release under similar circumstances. Both his arrests have court dates pending.

A legal researcher and advocate for people who can't afford a lawyer in his home town of Fredericton, Barnett represented himself in court.

Denis Poitras, a Montreal lawyer representing more than 100 of those arrested in Montreal last month, says that the precedent set by Barnett will open the door for others to contest the long list of bail conditions imposed by the state following the mass arrest in the green zone.

On the night of his release, Burnett was interviewed on Boulevard St. Laurent in Montreal ?on the spot where he was arrested almost three weeks earlier.

Daron Letts: You have lived 60 days of your life in prison fighting against bail conditions that would have secured your immediate release. Why?

Vaughn Barnett: These conditions set up an insidious process ?a slippery slope. The continual arrest of Jaggi Singh, Aaron Koleszar and others like them demonstrates that quite well. An activist could be falsely arrested at one demonstration, be subjected to several bail conditions, limiting his or her ability to protest later, then if the person tries to attend another protest the police can haul him or her back into court and use those bail conditions against that person, claiming that the conditions were breached.

Further restrictions can then be imposed and, eventually, the activist is caged within these restrictions simply by being persistent and exercising constitutional rights. It seems to be quite obvious that what the police and the people in the judicial system want is for each arrestee to get hauled off to court and accept bail conditions, possibly accept a plea bargain, and come out the other end more disempowered to exercise their civil liberties at subsequent demonstrations.

Letts: What advice would you offer to activists facing bail conditions after being swept up in an indiscriminant mass arrest?

Barnett: Well, respect for diversity of tactics means allowing us all to try our different approaches. There's an ongoing learning and experimental process for each of us, but I'd like to see people acting in greater solidarity when it comes to these mass arrests. When a group of us gets hauled into court, if we all insisted on our full legal rights and full evidentiary bail hearings then that would be putting quite a strain on the legal system. We can't make these mass arrests convenient for the state. If they don't like having the system clogged they can reconsider this policy of mass arrests. I think this would have the same impact as if people were to sabotage capitalist or military operations, for example, yet it would be perfectly lawful. In fact, it would be taking the law to its radical extreme.

Letts: Radically legal? How do you reconcile this paradox?

Barnett: The concept of radicalism itself means going to the roots of a system and, legally, it means going to basic constitutional principles or principles of justice and the common good that the law is based on. Even if a situation calls for direct action or civil disobedience that doesn't mean that there's no legal justification for those tactics. In fact, those tactics, to be justified, would presuppose serious lawlessness on the part of the state that we would be within our lawful rights to oppose.

So, I don't see any inconsistency between lawfulness and civil disobedience. I think that this actually leads to greater radicalism and empowerment of the people because when you can do something as radical as direct action or civil disobedience, and yet have a legal justification for it, then you've got legitimacy on your side opposing the illegitimacy on the other side.

Letts: Is it realistic for people without legal training to confront the system as you've done?

Barnett: I'm finding more and more that lay people can learn quite a bit about the law. I've met people working with legal collectives who have learned some valuable skills and have even offered their services to people like me. The thing about the law is it can be used to oppress or empower and one of the main ways it's used to oppress is through mystification, causing people to think that the law is so incomprehensible that it has to be entrusted to lawyers as an elite group. But, the basic principles of the law as enshrined in the constitution and our charter of rights are quite easy to understand because they are basic moral principles.

If a person were to read the criminal code and the Charter of Rights they would know a lot about this area of the law and be quite empowered.

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