Governing Council graduate student representative Elan Ohayon received a rude awakening Saturday morning when police arrested him at Allan Gardens.

During the scuffle at 8:30am Ohayon sustained a cut underneath his right eye, according to his lawyer U of T math Professor Peter Rosenthal.

Ohayon, who has held sleep-ins at the park for over 60 Friday nights in a row in support of affordable housing for the homeless, was charged with trespassing, resisting arrest and assault on a police officer.

Rosenthal intends to dispute all the charges.

"We'll have to see who assaulted who," he said.

After his arrest, Ohayon requested to see a doctor for his eye, and was taken to a hospital.

He is still being held, as he would not accept a bail condition preventing him from going near Allan Gardens.

During his bail hearing yesterday morning the crown attorney stated that when a group of police approached Ohayon they told him he was trespassing and ordered him to leave the park. The crown said that he refused to leave as he was protesting for homeless people. She said a struggle ensued, and during it, a sergeant from the Public Safety Unit (which is typically involved in crowd control) had a finger on his left hand cut.

When asked why officers from the Public Safety Unit were involved in the arrest, police said there was nothing unusual about such a procedure.

"They were probably in the area and responded to the call," said Sgt. McGade from 51 Division, where Ohayon was taken after the arrest.

McGade said that police had no statement on the arrest, and added that he did not know what call the Public Safety Unit could have been responding to.

During the bail hearing Rosenthal argued that because Ohayon had not appeared before a judge within 24 hours of his arrest, under the Charter of Rights and Freedoms the charges could be stayed.

But Justice of the Peace Lewin stated that he did not have the jurisdiction to hear a Charter argument.

Rosenthal says that he will press the point during his client's trial.

He then argued that the bail condition preventing Ohayon from returning to Allan Gardens be removed.

Ohayon testified that his reasons for going to Allan Gardens are of a moral nature.

"We meet [homeless] people and try to help them. That can mean anything from talking to them, to providing food and sometimes shelter," he explained. "As a matter of conscience I have to be there."

But Lewin did not remove the bail condition.