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Saturday morning’s arrest of graduate representative on Governing Council Elan Ohayon has sparked defiance in U of T students and community who demonstrate for affordable housing.
Ohayon was arrested Saturday morning after sleeping at Allan Gardens, as he has done every Friday night for over a year, in support of the homeless.
U of T students and community members plan to be at the park Friday in support of Ohayon, and to affirm their determination to demonstrate for affordable housing.
The Toronto Disaster Relief Committee, student organisations, and the Ontario Coalition Against Poverty will attend.
“If the government hasn’t figured it out by now, activists don’t scare off easy,” said Chris Ramsaroop, United Farm Workers campaign co-ordinator. “If the police and the government think that [Ohayon’s arrest] is going to stop the fight against poverty and homelessness then they have another thing coming to them.”
Police say that when a team of officers from 51 Division and the Public Safety Unit (crowd control) approached Ohayon, U of T alumni Oriel Varga, and another homeless man at the park, they asked all three to leave, under the trespass to property act.
“Mr. Ohayon refused to leave the park. A struggle ensued because he refused to be arrested,” said Detective Reta Boehm from 51 Division.
During the struggle Ohayon received a cut underneath his right eye, and one officer’s finger was also reported cut.
However, Varga says that Ohayon was in a sleeping bag the entire time.
“I think it’s totally despicable and disgusting that the police would use such force on a peaceful protest,” said Ramsaroop, who also frequents the park on Friday nights.
Ohayon has been charged with trespass and “assault with intent to resist arrest.” He has refused a $500 bail because of the condition that he “not come within 50 metres of Allen Gardens,” and is in jail awaiting trial.
“I’m not going to agree to a bail condition that I know I won’t follow,” he said at the bail hearing on Sunday morning. Ohayon says that along with Varga and others, he must continue to be at the park to provide food and shelter to the homeless there.
Talking through glass at the Don Jail Tuesday, Ohayon was wary of commenting on the case, but did affirm that his mind hadn’t changed concerning the bail condition.
Police officials quoted two different points of view as to why officers from the Public Safety Unit were called in.
Inspector Wes Ryan from the Public Safety Unit said that officers were there as a result of the increased security from the Tory Convention, and that they came to assist officers from 51 Division.
Yet Boehm says that officers from the Safety Unit were there on usual matters.
“They are from our core units. They are deployed in designated high crime units throughout the city, such as Allan Gardens and Regent Park. They were sweeping through the park and they came across this gentleman,” she said.
Police and witnesses also disagree with the circumstances under which Ohayon’s video camera was damaged.
Varga says that during the arrest police took the camera from Ohayon. Boehm denies that police were ever in possession of it.
The camera was later found damaged with its film missing.
Activists resent the incident.
“If this is a sign of what’s to come, the very concept of freedom of association and freedom of speech would be curtailed,” said Ramsaroop.
Ohayon is also receiving support from the Graduate Students’ Union.
“We’ve requested knowing how we can support him,” said president Jorge Sousa.
U of T math professor and lawyer Peter Rosenthal argued at the bail hearing on Sunday that the charges should have been stayed because Ohayon did not appear before a judge within 24 hours of his arrest.
Justice of the Peace Lewin did not stay the charges, and would also not amend the bail conditions.
Because his client is still behind bars, Rosenthal says the next step is to get a trial as soon as possible.
“I wrote to the crown attorney on Sunday night asking for a quick trial,” said Rosenthal.
He will argue that there is a violation of Section 9 of the Carter of Rights and Freedoms which outlines the right to be free of arbitrary detention.
“In a city like Toronto it’s absurd for them to say at 11:00am that they can’t get a JP,” he affirmed.
Article Courtesy of The Varsity
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