Community groups suing Ottawa Police Services Board over violation of rights

A coalition of community groups and individuals are suing the Ottawa Police Services Board (OPSB) for allegedly violating their rights to freedom of expression guaranteed under the Canadian Charter of Rights and Freedoms.

The claim was filed with Ottawa Small Claims Court on Aug. 9, with the groups seeking $27,500 dollars in damages.

Jeffrey Bradley, a member of Criminalization and Punishment Education Project (CPEP), told The Sam Laprade Show that the lawsuit was initiated by a group of grassroot organizations, as a result of OPSB preventing public delegations through existing bylaws.

“They’re not allowing folks to express anything that is negative against OPS, whether it’s racism or other forms of discrimination,” said Bradley. “They’ve made it almost impossible for those to make delegations, which they’re required to allow under the Police Services Act.”

In a news release from the plaintiff group, “actions of the board limit both the manner and content of expression of the plaintiffs, contrary to the Charter which grants all Canadians freedom of thought, belief, opinion and expression.”

This includes the board refusing to allow for virtual public delegations after it resumed in-person meetings in March 2022, as COVID-19 restrictions eased, according to the statement.

“It’s to the point where they (OPSB) will post their documents online and we have less than 48 hours to come up with a full delegation,” added Bradley. “This means it needs to be submitted to the board chair who decides to approve it or not, if it doesn’t fall inline with their mandate.”

Community groups and individuals taking OPSB to court include Robin Browne, 613-819 Black Hub, Sam Hersh, Joseph Eastham, OPIRG-GRIPO Ottawa, OPIRG-Carleton, Coalition Against More Surveillance, Criminalization and Punishment Education Project and more.

The Criminalization and Punishment Education Project, started by students and professors at Carleton University and the University of Ottawa – including OPIRG Ottawa – aims to bring social change and supports campus and community activism in Ottawa.

In reaction to some plaintiff members causing a disturbance during an OPSB meeting, Bradley explained these community members had exhausted all other measures and this was a last resort. This ‘non-violent civil disobedience’ was in reaction to the board preventing residents from making virtual delegations, he added.

“It’s not fair to members of the public that come prepared to speak and are not able to,” Bradley pointed out. “I think that was a last measure before launching this small claims suit.”

CPEP is calling on the Board to drop their restrictive bylaws to allow members of the public to provide feedback, with the goal of eliminating violence and discrimination within OPS.

Bradley suggested the Board dedicate a portion of each meeting to public delegations. While he said a separate meeting is another option, he explained this could further marginalize the public, preventing them from speaking directly with board members.

“I’m not sure if their plan was to have meetings with the chair present or have other consultants running it,” said Bradley. “It didn’t see like a feasible option in that it would further separate direct public consultation and the board, which they’re appointed to provide oversight and listen to community feedback.”

The lawsuit cites the board voted unanimously to deny 613-819 Black Hub Coordinator, Robin Browne, the right to deliver his delegation, expressing it was ‘inappropriate’ in the way it characterized board chair, Dr. Gail Beck. She had approved Browne’s delegation prior to the meeting, as per Board policy.

Bradley goes on to say, Beck has not reached out to the group of organizations, and they’re calling for open dialogue with the OPSB

“Unfortunately, it’s come to a point where we’ve had to ask a human rights lawyer to take this case on,” he added. “Whether it’s dropping bylaws, changing them or having a case conference with us.”

According to Bradley, this case is less about money and more about enabling residents to provide necessary feedback – with the goal of ending police violence, discrimination, and depletion of city resources to fund police budgets.

He’s calling on leaders and members of the police board, to take a more proactive approach and apply preventative measures in addressing root causes.

“We really do want less investment in policing and more investment in communities and listening to those with lived experiences, particularly black, indigenous, 2SLGBTQIA+ folks and more,” said Bradley.