The Moose Jaw Police Service understands that residents have the constitutional right to demonstrate in public, but a recent demonstration has forced the agency to increase its foot patrols downtown.
A small group of people opposed to pandemic health measures gathered with signs near city hall for a week in early December to express their displeasure with the mandate. Police arrested one woman on Dec. 11 and charged her with two counts of causing a disturbance and one count of mischief for an alleged incident near Main Street North and Fairford Street.
Police Chief Rick Bourassa addressed the issue of balancing residents’ rights to protest versus upholding the law during the December meeting of the Board of Police Commissioners.
There have been many public gatherings since the pandemic began, with most related to protesting pandemic-related health restrictions, he said.
Some freedoms are cherished and embedded within the Charter of Rights and Freedoms, particularly in section 2, which contains fundamental freedoms related to conscience, freedom, thought, belief, opinion, expression, and the media, Bourassa continued. Also included is the right to assemble and associate peacefully.
“Our job as a police service is to ensure we protect those freedoms to the extent that we can. However, we have to be very careful when we talk about freedom of assembly because … there is an adjective there: peaceful assembly,” said Bourassa. “That’s where other legislation comes to play when assemblies are less than peaceful.”
What police have seen during some demonstrations are violations of the law, he continued. Officers use discretion when handling demonstrations but change their approach when actions become criminal. That is when they act since those alleged actions impinge on the freedoms and rights of others.
With the recent demonstrations downtown, several incidents occurred that violated the Criminal Code, he stated. This forced officers to make arrests and lay charges.
However, officers regularly attempt to engage with protestors to understand their concerns and inform them about what is expected of them, Bourassa said. Educating people ensures there are no surprises of the outcome.
“We support public assemblies. That’s a fundamental principle in our country … (but) knowing that they must be peaceful,” he remarked.
If anyone feels victimized by demonstrators, they should contact the police, added Bourassa. While the agency has a presence downtown, it can’t see everything all the time. Yet, it will work with people to resolve situations.
Supt. Devon Oleniuk explained that police arrested one of the demonstration leaders on Dec. 11 because of her alleged actions, consistent across several protests during the last 18 to 24 months.
“We do use a very significant amount of discretion before we choose to lay a charge because we want to respect the rights for people to peacefully, respectfully present their position,” he said.
Police will continue to monitor Main Street — more officers will patrol the streets as part of a beat — and will balance people’s right to protest with the rights of pedestrians and businesses to operate safely, Oleniuk continued. Residents can use the area without being harassed.
Commissioner Doug Blanc appreciated hearing that news since he had received many calls about the rally’s interruptions. He joked that the demonstrators even yelled at him while driving past.
“Residents have the right to walk around that corner without fear,” he added.
Commissioner Dawn Luhning, board chair, works in the Hammond Building and said she heard the demonstrator “screaming plain as day” throughout the week. She has received comments from business owners, who have said some customers have been deterred from coming into the store.
“(It’s a) busy time of year for downtown businesses,” she added, “and that’s the last thing (they need).”
