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OCAP: Jury Trial Begins

PML, Miércoles, Enero 22, 2003 - 14:18

OCAP

Three OCAP members, Stefan Pilipa, Gaetan Heroux and John Clarke are presently going through a months long jury trial. The first two are charged with 'participating in a riot' and John with 'counseling to participate in a riot' and 'counseling to assault police'

. These charges, which were laid after the June 15, 2000 March on the Ontario Legislature that OCAP organized, carry maximum penalties of between two and five years in prison. The Crown alleges the three OCAP members to be leaders of a 'planned riot' at Queen's Park on that day. OCAP maintains that it sought to organize a militant demonstration that demanded the right of a delegation affected by homelessness to address the Legislature on June 15. If a riot did occur, it was caused by an arrogant and intransigent Government and a heavy handed and incompetent police force. It was these factors that provoked a confrontation. As this important trial unfolds, we will provide regular updates.

WEEK ONE

On the eve of the trial, OCAP held a public meeting at the Ontario Institute for Studies in Education. The main auditorium was filled with roughly six hundred supporters. The main speakers were Shayesteh Mohammadian, an OCAP member and one of the dozens of other people who have already faced trials over charges laid around June 15, Judy Rebick from Rabble, Jaggi Singh from CLAC and John Clarke. Gaetan and Stefan spoke from the body of the hall to avoid any allegations of breaking bail conditions that place a ban on association between the three accused. All three received standing ovations from the large audience.

During the speeches, tribute was paid to all the courageous men and women who stood firm in the face of attack on June 15 and who have been dragged through the Courts since. Homeless people who were there that day have paid the toughest price for their resistance. One young man, James Semple, spent seven months in the Don Jail before he was even able to make bail. With regard to the present jury trial, speakers outlined the severe attack on civil rights and social resistance that such draconian and selectively laid charges signal. A telling comparison was made to Valleyfield, Quebec in 1946, when police used tear gas on striking textile workers and community supporters and provoked a battle. Riot charges were then laid against Kent Rowley, a union organizer. The Valleyfield strike was a turning point in resistance at that time and June 15 will come to be seen in the same light.

Remembering the homeless who had died because of the actions of the Tory Government (including the recent loss of deeply loved and respected homeless activist Brian Boyd), it was stressed that these charges and all others that have been laid against us have not and will not intimidate us. With the momentum of support around this case already powerful, it is clear that this ugly attempt to criminalize and silence OCAP has already failed. We will mount a strong legal defence and may very well gain not guilty verdicts for our three members but, whatever the result, we will be larger, stronger and more determined at the end of the proceedings.

THE TRIAL GETS UNDERWAY - SLOWLY

Reports on the first two weeks or so of the trial will be simple and concise. We are into an initial phase of pre trial motions. Lawyers are calling for charges to be set aside on various grounds, for the right to put certain questions to potential jury members, for more disclosure of evidence, etc. Legal rules make it impossible for the media to report on this phase until the jury is sitting and the arguments can be seen as a little dull. It will be in the first part of February that this will change. We ask our supporters to use this respite period to go to organizations they are part of and build support for the struggle that lies ahead. There will be lots of days when we want to fill the courtroom and rally on the steps outside. There will be much need for expressions of public support. Even at this early stage, anyone with some time to contribute is welcome and encouraged to drop by and sit in on the proceedings. We are there every day from 10.00 AM to 4.00 PM at 361 University Avenue, courtroom 2-8.

A few days after the March on Queen's Park a major gathering of senior police officers was told that they had an assurance from the head Crown in Toronto that this matter would 'go all the way to 361'. A month before the three OCAP 'leaders', were picked up, plans for just such a jury trial as is now unfolding were in the works. We are ready to meet this challenge but we need your support and we need your solidarity. It is the Tories and their corporate backers who are the real criminals. They will not silence our resistance!

For more information, contact us.

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