[Action-forum] Mayor Bob Chiarelli
Jane Scharf
The following is an appeal letter from Jane Scharf to Mayor Bob Chiarelli is
in regards to an unconstitutional protest closure executed by City Hall
under the authority of Mayor Chiarelli on July 1.
If you have concerns about the violation of rights contact the mayor¹s
office at: 580-2424 x28867.
And if you have concerns about the passing of the "Designated Spaces
Program" call the Mayor¹s office at the number above or
call Councillor Diane Holmes¹ office at: 580-2424 x26845 and complain about
the "Designated Spaces Program" which is so contemptuous towards artists,
crafters, street musicians and actors, street distribution of newspapers and
homeless persons.
Jane Scharf
__________________________________________________________________________
Appeal was Served July 15, 2005
Dear Mayor of Ottawa and Chair of the Corporate Services Committee Bob
Chiarelli:
RE: Criminalization of the Homeless and Protestors in the City of Ottawa
This letter is to appeal a trespass to property notice issued July 1, 2005
by your head of security to shut down a peaceful protest at the Human Rights
Monument at City Hall.
Four members of the Homeless Action Strike, myself (Jane Scharf), my
daughter Kayla Welch and two associates, Karen Dawe and Andrew Nellis were
banished from City Hall from July 1st 2005 until September 2, 2005. City
security instructed me to leave City Hall property while I was conducting a
legal, peaceful protest. Security officials claimed at that time that I had
no right to protest at City Hall, as it is private property. I was issued a
trespass notice that day which is attached. No reason was given for this
decision. I was subsequently arrested July 1st 2005 at noon for trespassing
and mischief, handcuffed by police and spent six hours in jail and had all
of my property confiscated. I was given no reasons for the mischief arrest.
At the end of six hours I was released without being charged with mischief
or being given reasons for the mischief arrest and I was only issued a
seventy dollar, non-criminal trespass ticket.
We were protesting the City¹s temporary ³Designated Spaces Program² as it
has eliminated all street vending in the city of Ottawa on City streets and
sidewalks except for chips wagons and hot dog stands. Our concern is that
the current plan to make the ³Designated Spaces Program² permanent when
harmonization of the bylaws is completed at the end of the summer will
permanently and adversely affect homeless persons by preventing them from
making a living on the street.
We were also still protesting the heavy handed application of the ³Safe
Streets Act² by members of the City of Ottawa Police which is used in
conjunction with the ³Designated Spaces Program² to prohibit the sale or
free distribution of arts, crafts, music, street theatre and newspapers on
the streets of Ottawa with or without a license, as well as all panhandling.
As you are aware the protest was appropriately located at the Human Rights
Monument at the west side of City Hall right in front of your office. As you
are also aware our protest was orderly, clean, peaceful, quiet, and legal in
all respects including non obstructive.
Grounds for Appeal
1) City property is not private property it is public property.
2) In banishing me from lawful, peaceful protest on public property, the
City violated the following constitutionally guaranteed rights and freedoms:
the freedom of expression, freedom of peaceful assembly, and freedom of
association, the right to life, liberty and security of the person and the
right not to be deprived thereof except in accordance with the principles of
fundamental justice, the right not to be arbitrarily detained or imprisoned,
the right on arrest or detention to be informed promptly of the reasons
therefore, the right not to be subjected to any cruel and unusual treatment
or punishment, the right to the equal protection and equal benefit of the
law without discrimination.
I want the decision to ban me from City Hall put aside immediately to allow
me to resume protesting.
I could not find out the process of appeal at City Hall. Therefore, please
appropriately redirect this appeal if need be. If I do not have a response
to this appeal by July 30, 2005, I will assume that this request for appeal
is ignored or denied and I will take legal action.
Sincerely,
Jane Scharf
cc Chair and members of Corporate Services, Health and Social Services,
Emergency Protective Services, Poverty Issues Advisory
All other interested parties
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