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Summer 2002

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OPEN NEWSPAPER CATEGORY

THE OTTAWA CITIZEN AND SOUTHAM NEWS

The Criminalization of Dissent

Jim Bronskill and David Pugliese

These stories comprised a five-part Southam/Citizen examination of the federal government’s ongoing attempts to control demonstrators,efforts some describe as a campaign to “criminalize” legitimate political dissent.

The series, which ran just weeks before the September terrorist attacks on the United States, served as a prescient warning to readers that for some people, the right to free speech and assembly in Canada has become precarious at best.

In many ways, this project was a natural outgrowth of our daily work. Jim covers police and security issues for Southam News, keeping an eye on the RCMP, the Canadian Security Intelligence Service and the rest of the alphabet soup of agencies responsible for protecting the public.

David writes about military affairs for The Ottawa Citizen, chronicling the activities of the Canadian Forces and the many challenges,political manoeuvres and trends affecting the armed services.

In the course of covering our beats, it became apparent Canadian police and spy services were devoting considerable resources and energy to monitoring people Using declassified reports obtained from more than a dozen Access-to- Information requests, as well as interviews with police, intelligence officials and demonstrators, we were able to piece together a disturbing picture of how the federal government routinely targeted those engaged in peaceful protest.

SILENCING DISSENT: At last April’s Summit of the Americas in Quebec City, a young protester kneels in front of a marching riot squad.He was later hit with tear gas and rubber bullets.


The Criminalization of Dissent common in Europe as well. who do not share the government’s perspective on political, military and trade issues.

We met in an Ottawa coffee shop on the last day of June to map out the series, though we had been gathering information for the project for at least six months. Documents tucked in files, transcripts from public hearings, recent books and various news reports helped chart our course.

Exactly seven weeks after our meeting, the first installment of the five-part series appeared in Southam papers. Using declassified reports obtained from more than a dozen Access-to-Information requests, as well as interviews with police, intelligence officials and demonstrators,we were able to piece together a disturbing picture of how the federal government routinely targeted those engaged in peaceful protest.

Particularly important were documents obtained by Jim which revealed that the RCMP, faced with a growing number of protests, had quietly created a special unit to deal with public dissent. The team of “Public Order”officers would share information about individual demonstrators with other police forces and examine how to make better use of non-lethal weapons, such as tear gas, pepper spray and rubber bullets,against protesters.

David gained access to Canadian Forces counter-intelligence reports that outlined how government agents spied on Vancouver Island peace activists, obtaining in advance their protest plans to build a giant puppet of Liberal cabinet minister David Anderson and to write a series of newspaper letters critical of federal government policies. The spy operation evidently included the interception of the group’s private e-mails.

Equally disquieting were the “threat analysis” lists prepared by federal agencies for various recent protests. They revealed a number of spy targets including former NDP leader Ed Broadbent, New Democrat MP Svend Robinson, the satirical group the Raging Grannies, the Canadian Labour Congress, the Council of Canadians, the Anglican Church and Amnesty International. Several other legitimate social agencies were also placed on federal threat lists.

The case of Joan Russow,a former federal Green Party leader, helped illustrate the personal distress that being singled out by the authorities can cause. Ever since the Victoria woman discovered her name on a threat assessment list, she has unsuccessfully sought an explanation.

Through once-confidential records and interviews with security officials, activists and academics, we examined the specialized computer technology and techniques of infiltrating groups used by intelligence agencies.

We also looked at the questionable historical track record of security organizations in determining what constitutes a “threat” to Canada. Those targeted in the past include everyone from U.S. civil rights leader Dr. Martin Luther King to the court jesters of the Rhinoceros Party.

Several of the documents obtained through Access - to - Information requests took a great deal of effort to dislodge from government files.

David filed complaints with the federal information commissioner to obtain the sensitive counterintelligence records. At first, the RCMP couldn’t locate material Jim had requested on the police force’s plans to handle future demonstrations. Prompted to undertake a second search, the Mounties turned up the revealing notes about the “Public Order”program.

Some of the obstacles we faced were logistical in nature. Since we work for different — though closely related — news outlets, we needed the blessing of our superiors to proceed. Their commitment and support made it an easy hurdle to clear.

We were also fortunate to have a sufficient amount of time. The summer doldrums offered the perfect window of opportunity. There would be few spot news events to distract us, and our editors looked forward to having a string of pieces in hand as mid-August — the arid desert of the annual news cycle — approached.

As the project progressed,we were mindful of a potential snag over which we had no control: the impending release of an inquiry report into police actions at the 1997 meeting of Asia-Pacific leaders in Vancouver. The long-awaited report of the Commission for Public Complaints Against the RCMP would draw major attention and,given the subject matter, possibly steal our thunder.

As it turned out, the report paid little heed to the issues we were exploring, a fact that confirmed our initial sense the series would shine a light on some largely overlooked issues.

The stories elicited strong reaction from Southam readers, resulting in numerous letters to newspapers across the country condemning government tactics to limit free speech and suppress legitimate dissent.

As well, our articles seemed to gain a new life on the Internet, cropping up on more than a dozen Web sites.

The series also prompted former Liberal cabinet minister Warren Allmand to send a letter of protest to Solicitor General Lawrence MacAulay. Allmand, a one-time solicitor general, condemned government surveillance measures and the “increasingly strong-arm policing tactics directed at peaceful demonstrators”to threaten free speech and assembly.

At a time when the federal government is seen to be further limiting individual freedoms, this time as part of its fight against terrorism,we believe our series sounds a warning to Canadians to be wary of attempts to stifle expression of thought and opinion.

You can read the first installment of the series at: http://www.canada.com/ottawa/ottawacitizen/s pecials/criminal/criminal01.html