OTTAWA -- All charges have been stayed against 12 demonstrators who were arrested during a protest at the intersection of Nicholas and Laurier last month.
The individuals were arrested and charged after police broke up the demonstration about 36 hours after it started.
“Around 3:15 a.m. the Ottawa police service moved in, telling the group to disperse,” Deputy Crown Attorney Mark Holmes told the court, which gathered virtually Friday morning.
“Those who didn’t were lawfully arrested, the individuals who were arrested were identified to the satisfaction of the police, they were processed and release, each one facing a mischief of property charge.”
Holmes noted none of the individuals accused have any prior records, none have any outstanding charges, and most are in their early 20s.
“Having reviewed this, I’m here to say today that the further prosecution of this is not in the public interest,” Holmes told the court.
“On behalf of the Crown I took steps to bring this forward to direct a stay of proceedings.”
The protest at the downtown Ottawa intersection was a call for justice for Black and Indigenous people.
After protesters were removed from the intersection Saturday morning, the protest shifted to Elgin Street outside Ottawa Police headquarters.
The demonstration grew as as participants called for the release of the 12 people who were arrested — it ended late in the afternoon once all were released.
The Ottawa Police Service (OPS) says it respects the Crown's decision to stay the charges of mischief against the 12 people arrested on Nov. 21.
"From the day that the mischief charges were laid, the OPS consulted with the Crown to share with them the public safety and public interest concerns that were involved in the decision to end the intersection occupation," said Ottawa police in a statement to CTV News Ottawa Friday afternoon.
"The OPS advised the Crown that it was not in the public’s interest for the twelve individuals to go through a full trial for the mischief charges and/or face a criminal conviction for their actions. The Crown’s decision to stay the mischief charges accomplishes the public safety and public interest issues raised by the OPS."
In a statement to CTV News Ottawa, Vanessa Dorimain of Black Diaspora Coalition said they are not celebrating the stay of proceedings for charges, "that should never have been laid."
"The fact that the Crown does not appear to be pursuing these charges is a sign that our organizing works, and that when we fight, we win."
Dorimain says the stay means the charges could resume in the next year should the courts deem it is in the public interest of if any future charges arise.
"This is a clear intimidation tactic by the OPS and the Crown, and part of a long history of criminalizing Indigenous and Black resistance. They intend this to hinder our ability to mobilize in our city against systemic racism," said Dorimain.
"This is the same so-called justice system that is rooted in anti-Black and anti-Indigenous systemic racism, which were arrested in the first place for peacefully protesting against."
