Some of you may remember the curious case of activist, Dave Vasey, who was charged during the G20 Summit in Toronto under the June 2, 2010, amendment to the Ontario’s Public Works Protection Act.

On July 30, 2010, I reported  that Vasey, when stopped by police at the security parameter on June 24, 2010, did not know of any amendment to any law or about any supposed new police powers and therefore still believed he was in the right when he refused to identify himself to police.

When word of the new police powers did get out, the police led the public to believe that if a person refused to identify themself to the police, they could be arrested and could face a penalty of up to two months in jail or a $500 fine upon conviction.

So regarding a rule that never existed, can any charges stemming from breaking said rule exist?

Well, when Dave Vasey — the only individual charged under the rule that never existed — appeared in court on Wednesday July 28, 2010, as his summons dictated, he found the charge had mysteriously disappeared. His name was nowhere to be found on the docket. The court also had no information about his case. There was no written or computer file. Nothing.

Vasey’s lawyer, Howard Morton, said at the same he had no idea why Vasey’s charge seemed to have suddenly disapeared.

“There are only two possibilities. The first is there never was a charge,” he said. “The only other possibility I can think of is that the government simply didn’t want any further embarrassment over this regulation that was passed in secret and simply decided not to pursue it. If that’s the case, then they were just hoping the issue would go away,” Morton said.

In an email to the Toronto Star, a spokesperson for the Attorney General said Vasey’s charge appears to have never been filed with the courts and directed further questions to the police. Toronto police spokesperson, Meaghan Gray, believes an administrative error may be to blame for the vanished charge.

It turns out that according to Toronto Police, the disappearance of Vasey’s charge that day was a result of a mail mix-up and the necessary paperwork arrived one day late. 

Quote: According to Vasey’s lawyer, police still have time to recharge him. But they say they won’t. “We don’t believe it’s in the public’s interest to move forward with this case at this time,” Gray said.

When asked what he thought about the explanation behind his lost charge, Vasey expressed skepticism. “I think it’s pretty apparent that they just didn’t want this to see the light of day,” said Vasey, who had planned to challenge his charge on constitutional grounds. “We know they’re scared to challenge us now in the open court system because they know that they will lose this public battle.”

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In other G20 Summit policing news, Kelly Pflug-Back from Guelph, Ontario — who turned herself to police on Wednesday July 21, 2010, after being publicly profiled the same day by police on one of its G20 Most Wanted lists — is facing a new charge of mischief over $5,000.

The Crown announced yesterday that she would now be facing seven counts relating to her alleged involvement in the G20 Summit protests in Toronto on June 25-27, 2010. Police alleged she was involved in an attack on a police car occupied by Staff Sgt. Graham Queen and vandalism to stores on Yonge Street, including a McDonald’s and Urban Outfitters and a CIBC branch on College Street, which lead to the new charges.

It is also alleged that she was one of the G20 organizers of the protests that gripped the city that weekend.

In contrast to the police portrayal, her supporters say she has made significant contributions to her community through her local organizing.

Pflug-Back had previously been arrested on conspiracy charges related to the G20 protests and released on bail. Her bail hearing for the new charges is expected to continue on Thursday August 12, 2010.

Krystalline Kraus

krystalline kraus is an intrepid explorer and reporter from Toronto, Canada. A veteran activist and journalist for rabble.ca, she needs no aviator goggles, gas mask or red cape but proceeds fearlessly...