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Richardson loses civil suit: decision
John Richardson
- Lawyer arrested after trying to cross
street
- Officer's warning taped at squatters'
protest
Keith Fraser, The Province,
December 08, 2004
A Vancouver lawyer was arrested
after challenging a police warning that he faced an obstruction
of justice charge at the scene of a squatters' protest in Vancouver.
Details of the confrontation
were heard on a taped conversation aired in court yesterday involving
John Richardson, a lawyer who represents people in the Downtown
Eastside.
Richardson, 33, is suing Vancouver
City, claiming the police abused their powers and tried to strip-search
him during the September 2002 incident.
Responding to a call from someone
seeking legal help, Richardson had taken a cab down to the Woodward's
building late in the evening.
With his tape recorder running,
Richardson learned that he may face arrest if he tried to cross
the street.
He asked an officer what he
would be charged with if he stepped off the sidewalk. He was
told he'd face an obstruction of justice charge.
"No, no, no," says
Richardson, his voice rising on the tape. "That's not law.
Your direction is not law, sir. I'd like to know the lawful authority
you are relying upon . . . I have been given no reason under
the law that I cannot cross this sidewalk."
As Richardson started to move
across the street, an officer advised him that he was being taken
into custody and read him his rights.
In his lawsuit, Richardson
also claims that Vancouver police Chief Jamie Graham defamed
him in a letter of complaint the chief sent to the Law Society
of B.C. after Richardson released details of allegations police
were involved in kidnapping and torture.
On the witness stand for the
second day yesterday, Graham defended an assertion he made on
CKNW's Bill Good show that the allegations were "preposterous."
"I take exception to the
fact that he throws out allegations, one-sided allegations of
the most serious nature against the Vancouver police, and engages
in a very public campaign," said Graham. "That's preposterous
and unfair."
The allegations in the report,
written by Richardson and his colleagues at the Pivot Legal Society,
which provides legal services to people on the Downtown Eastside,
are now being investigated by the RCMP.
Graham's complaint to the Law
Society was later dismissed.
The civil suit before B.C.
Supreme Court Justice Allan Stewart, in which Richardson is seeking
damages against the City of Vancouver, continues today.
kfraser@png.canwest.com
© The Vancouver Province 2004
Vancouver Police Officer Charged With
Assault (on Activist)
"A
city police officer has been criminally charged with assault
after allegedly throwing a local activist through a plate-glass
window."
PivotLegal | October 21,
2004
VANCOUVER - A city police officer
has been criminally charged with assault after allegedly throwing
a local activist through a plate-glass window. The criminal charge
was approved by a Provincial Court Judge following a private
prosecution hearing on September 9, 2004. The officer is scheduled
to make a first appearance in regards to the charge at 9:30 a.m.
on Monday, October 25, at the Provincial Courthouse at 222 Main
St.
Unique about this case is the
fact that an individual citizen, rather than the Crown, initiated
the criminal proceeding and a private prosecutor, rather than
the Crown, is conducting the prosecution. Under the Criminal
Code, individual citizens are authorized to initiate criminal
proceedings without the assistance of either the police or the
Crown. However, the procedure is rarely used.
"Private prosecutions
in Canada have proven to be an effective way of holding officials
and companies to account," said Doug Chapman, a former government
prosecutor and Sierra Legal Defence Fund lawyer who has launched
many private prosecutions. "In my experience private prosecutions
are an important legal tool for all Canadians to enforce our
laws when there is a reluctance among government officials, including
the police, to do so."
The assault charge against
Vancouver Police Constable Wade Rodrigue stems from an incident
that took place on April 28, 2004, in the City's Downtown Eastside.
According to victim and witness statements, David Cunningham
- an outspoken anti-poverty activist who has been highly critical
of police - was held with his arms pinned behind his back and
thrown through a drug-store window after a verbal confrontation
with the officer.
Cunningham complained to the
police about the alleged incident. However, three months after
making his complaint, internal police investigators still had
not contacted key witnesses. Cunningham approached Pivot Legal
Society, who asked lawyer Cristen Gleeson to act as private prosecutor
in the case. Acting in a pro bono capacity, Gleeson presented
Cunningham's case to a Provincial Court Judge, who approved the
charge against the Vancouver Police Constable on September 9,
2004.
John Richardson, Executive
Director of Pivot Legal Society, says that the current reliance
on police to investigate themselves make private prosecutions
an important remedy for individuals who have suffered police
misconduct. "Generally, a criminal charge will only get
to court if the police press charges. However, police are often
reluctant to press charges against their one of their fellow
officers. Private prosecutions are an alternate way to hold police
accountable for criminal acts."
Gleeson has refused to comment
publicly on the case while it is proceeding. However, Richardson
is calling upon the Attorney General to take a closer look. "The
evidentiary groundwork for this prosecution has been laid, and
a Provincial Court Judge has approved the charge. The test for
proceeding with a criminal prosecution has been passed. Now,
we are asking the Attorney General's office to get involved in
the prosecution, either by assisting in or taking over the trial."
The Attorney General will state
its position to the Court on Monday, October 25. If the Attorney
General does not intervene in the prosecution, lawyer Cristen
Gleeson has undertaken to see the case through to its end.
__________ Further Comment:
Doug Chapman (604) 838-1584
John Richardson (604) 417-6074
Attorney General Halts
Charges Against Vancouver Police Officer
November 16, 2004
VANCOUVER - Crown Prosecutors
have stayed criminal charges of assault against a city police
officer. The decision was made despite an earlier ruling by a
Provincial Court Judge that there was sufficient evidence to
proceed with the case.
"We're disappointed that
the Attorney General has decided to end the proceeding,"
said Cristen Gleeson, a local lawyer who initiated the criminal
proceedings against the officer. "Although the Crown has
suggested that there were inconsistencies in the evidence, they
have not told us what those might be. In my opinion the evidence
was strong and pointed clearly to an unjustifiable assault."
The charges against Const.
Wade Rodrigue stem from an incident that took place on April
28, 2004, in Vancouver's Downtown Eastside. According to victim
and witness statements, David Cunningham - an outspoken poverty
activist who has been highly critical of police - was held with
his arms pinned behind his back and thrown through a drug-store
window after a verbal confrontation with the officer. Cunningham
was taken away in an ambulance while police paid for repairs
to the window, which was fixed within 30 minutes.
Cunningham complained to the
police about the incident. However, three months after making
his complaint, internal police investigators had failed to contact
key witnesses. Cunningham approached Pivot Legal Society, who
asked lawyer Cristen Gleeson to act as private prosecutor in
the case. Acting in a pro bono capacity, Gleeson presented Cunningham's
case to a Provincial Court Judge, who approved the charge against
the Vancouver Police Constable on September 9, 2004. On October
25, Crown Counsel intervened in the prosecution and adjourned
the matter to November 16 to allow time to review the file.
A problem emerged soon after
the adjournment, however, when Crown Counsel turned the matter
over to the Vancouver Police Department for re-investigation.
Not trusting the VPD to investigate fairly, Cunningham and a
key witness refused to be interviewed by internal investigators.
The role of the VPD became a sticking point, with Crown Counsel
rejecting proposals to interview the two directly or delegate
the role to the RCMP.
"It basically came down
to the same problem that the private prosecution was launched
to avoid; that of Vancouver Police investigating their own,"
said John Richardson, executive director of Pivot Legal Society.
"It's disappointing. We had hoped that Crown Counsel would
understand people's concerns about the fairness and objectivity
of such investigations." ____
Further Comment:
Cristen Gleeson (604) 433-5678
John Richardson (604) 417-6074
Vancouver Crown Council
Serves and Protects Vancouver Police
By Dave Cunningham - Anti-Poverty
Committee (APC)
The Crown has intervened and
stayed the charges that (were) being pressed by myself against
an officer of the Vancouver Police Department. Constable Wade
Rodrique, a known thug within the Downtown East Side, has been
given a `stay out of jail for free' by Crown Counsel in a case
where the VPD faced a series of charges ranging from "obstruction
of justice" to "aggravated assault."
Crown Counsel informed me that
"The statements provided by others including police members
present are not consistent with the description given by Mr.
Cunningham (myself)." What is consistent is the role of
Crown Counsel to serve and protect the VPD.
A private prosecution was used
as a strategy to by-pass the inherent bias that is shared between
Crown Counsel and the police. We succeeded in getting a judge
to approve six criminal charges against Rodrique. Up until that
point, Crown had not involved themselves, most likely they (were)
not ready to take on the PIVOT Legal Society as we had caught
them with their guard down. The Crown was finally sent in upon
the orders of the Attorney General to crush the case.
I am a member of the Anti-Poverty
Committee and never believed that justice would be found (through)
our legal system. Our effort was meant to take this cop off the
street. He has since been relocated outside the DTES.
The Anti-Poverty Committee
is determined to continue with the legal strategy of private
prosecution. We see an opportunity to exploit the legal system
along this route. We do not believe there is any reason to pursue
police complaints. With PIVOT (PIVOT Legal Society, a community
group focussing on legal support for drug users, the homeless
and other marginalized persons) we played the game and lost.
The APC realizes (the) Crown and the entire court system are
vulnerable to pressure. We understand that as poor people our
only power is disruption. We will make sure that our power is
felt in their courtrooms and on our streets.
To get involved with our anti-police
brutality campaign please contact APC or go to our web page:
apc.resist.ca
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Truth can never be
told so as to be understood, and not be believ'd. William Blake, The Proverbs of Hell
