[Fwd: SQUATTERS' RIGHTS CASE: Homeless Charter Challenge]

Graeme Bacque (gbacque@idirect.com)
Thu, 29 Oct 1998 21:00:43 -0500 

-------- Original Message --------
Subject: SQUATTERS' RIGHTS CASE: Homeless Charter Challenge
Date: Thu, 29 Oct 1998 18:52:39 -0500
From: Bob Olsen <bobolsen@aracnet.net>
To: act-cuts-ont-l@netserver.web.net


 SQUATTERS' RIGHTS CASE: Homeless Charter Challenge 
 SQUATTERS' RIGHTS CASE: Homeless Charter Challenge

 HOMELESS ON TRIAL: Final Day .....  Report 29 Oct, 1998


 Mac Scott was acquitted today on the charge of "assault police."

 The verdict on the criminal charges of "mischief" against John Clarke
 and Gaetan Heroux may be rendered on Dec 15.

 OCAP (Ontario Coalition Against Poverty) lawyers, Peter Rosenthal and
 Bob Kellerman, argued:

    "...the principles of fundamental justice requires that the state
    not deny homeless persons rights to seek shelter in privately owned
    premises when the owner is not using or developing the premises."

 Judge David Cole said that "This is a case of first impression,"
meaning
 that his decision on this case will set a legal precedent on the issue
 of squatters' rights in Canada.  He showed that he was knowledgeable
 about homeless issues.


 OCAP's lawyers referred to:

 Irwin Toy Ltd v. Quebec (1989), 58 D.L.R. (4th) 577 at 633 (S.C.C.)

     Although "property" was intentionally excluded from s.7 of the
     Charter, "this is not to declare... that no right with an economic
     component can fall within "security of the person".
     While a corporation's economic rights find no protection in section
     7, economic rights of individuals fundamental to human life or
     survival may come within section 7. (of Canada's Charter of Rights
     and Freedoms)

     Schaff v. Canada (1993), 18 C.P.R. (2d) 143 at 165 (T.C.C.)

 Rosenthal argued that the state (police) cannot choose to enforce 
 property rights, which are not constitutionally protected, and ignore
 the constitutional rights of the homeless.

 Judge Cole was concerned about opening the "flood gates" of squatting
in
 vacant buildings.

 The Court spent a lot of time discussing the word "use" as applied to
 a vacant property.  The Court's decision may hinge on it's application
 of the word "use."
 
 Judge Cole explained his difficulties in applying the Canadian Charter
 of Rights and Freedoms to overide the property rights of corporations,
 particularly as it applied to the charge of "assault police."

 The Crown (prosecutor) Bellehumeur seemed to argue that international
 treaties had little or no authority in Toronto.

 OCAP's lawyers argued that:

     Section 7 of the Charter should be interpreted in conformity
     with Canada's international obligations.

     Slaight Communications Inc v. Davidson (1989). 59 D.L.R.
     (4th) 416 at 427-428 (S.C.C.)


 Defence lawyers reviewed the evidence and their Charter challenge
 arguments and recommended verdicts of "not guilty" both on the basis
 of the evidence and on the Charter challenge.

 The Crown (prosecutor) did not review the evidence and did not make any
 recommendation as to guilt or innocence.  He made a weak argument
 against the Charter challenge.
 
 Judge Cole, who had already indicated his difficulty in applying the
 Charter challenge argument to the "assault police" charge against Mac
 Scott, acquitted Scott.

 He then said that he would try to have his decision on the charges
 against Clarke and Heroux ready by December 15.  Defense lawyers had
 presented the Court with considerable documentation and a long list of
 legal precedents, including a case in India involving squatters on
 public sidewalks.  Judge Cole said that he was also working on other
 cases and he could not promise to have his decision ready by Dec 15.

 Those of us attending the trial expect that Judge Cole will render a
 verdict of "not guilty" for both Clarke and Heroux and that he will
 render a precendent setting decision on squatters' rights based on 
 OCAP's Charter challenge.

 For more information call the Ontario Coalition Against Poverty (OCAP)
 at 416-925-6939 or fax (if it is working) 416-925-9681

 The defense's Outline of Argument and the Oct 26 & 28 trial reports
 can be found at:
 
 	 http://www.interlog.com/~cjazz/tasc.htm#5
	 http://www.interlog.com/~cjazz/actions.htm

 or by email from bobolsen@aracnet.net   Subject: OCAP



 Bob Olsen	Toronto		bobolsen@aracnet.net   (:-)
 ............................................................