November 28, 05 after 7 days of trial Jane Scharf was found not guilty of
criminal mischief for obstructing the City of Ottawa cleaning crew during a
peaceful homeless protest in 2003 under the Terry Fox Bridge. Scharf was
arrested and jailed and spent over 2 years in and out of court on this
charge. The protest was also shut down under threat of arrest to the other
protesters. Police tried to confiscate the protest sign which said, ³Welcome
to the Ritz under the Bridge² and arrested her for obstruct police for not
relinquishing the sign. Later police changed the charge to obstructing the
city cleaning crew while she was resisting the confiscation of her sign.
Justice Lévesque found the Ottawa Police officer¹s testimony particularly
that of Sergeant Lamonth to be ³problematic². And he found the testimony of
Scharf and one of her witnesses Mary Ross more creditable.
Police also used bogus charges to bar Jane Scharf from the Tent City in 2004
and to shut down the Bazaar out side Mayor Bob Chiarelli¹s office at city
hall this summer. At tent city Scharf was charged with obstruct police and
prohibited from attending the protest sight these charges were subsequently
dropped but this peaceful protest was also taken down by force.
However, the City did negotiate with the homeless campers at Tent City for a
Task Force on the Homeless and the Safe Streets Act to investigate the
treatment of homeless persons by the city and police. As a result of the
Task Force investigation there has been some modest improvement in the city
and police response to homeless persons but much more needs to be done
still.
And this summer Scharf was arrested for mischief at the Street Bazaar
without any cause even being stated, held in jail for 6 hours, had the
protest property confiscated and then she was released without a mischief
charge. She did receive a trespass ticket which police now claim was a
mistake because the officers did not understand that the city could not
enforce the trespass act on peaceful protestors.
Jane Scharf
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