Pubdate: Fri, 03 Jul 2009
Source: Oshawa This Week (CN ON)
Copyright: 2009 Oshawa This Week
Contact:  http://www.newsdurhamregion.com/news/oshawa
Details: http://www.mapinc.org/media/1767
Author: Jillian Follert

WERE COPS TOO HARD ON OSHAWA POT PROPONENTS?

Mediator Says Park Gathering Wasn't An "Event," Group Shouldn't Have
Been Forced To Leave

OSHAWA -- There's a right and a wrong way to do things, and local
police say that applies to cannabis events, too.

Just because pot is illegal doesn't mean there can't be perfectly
legal, pro-pot rallies, demonstrations and events. But, they need to
be well organized, have the proper permits and take place in a fitting
location.

Durham Regional Police Deputy Chief Chuck Mercier said that's what
tripped up recent efforts to organize Oshawa's first annual Cannabis
Day -- not an anti-pot bias from police.

"It wasn't well organized from the start, they wanted to do it at
Lakeview Park during the City's Canada Day event, then they wanted to
move it to another City park, and there were no permits," he said. "If
any group wants to rally or have an event, there is a process. From
the CAW picnic to Fiesta Week, everyone has to follow the process."a?"
Local organizers promoted Oshawa's first Cannabis Day with ads on
YouTube and Facebook, initially planning to hold it in an undisclosed
section of Lakeview Park, at 4:20 p.m. on July 1.

When politicians, police and City officials raised the alarm about a
potential clash with the City's Canada Day party, organizers offered
to move north up Simcoe Street to Alexandra Park. But, with no permit
in place, officials said they couldn't sanction that option either.

Letters were sent warning organizers not to proceed and Cannabis Day
was hastily cancelled.

Instead, Marko Ivancicevic -- a GTA legalization activist and
self-described mediator -- said about 20 people gathered informally at
Alexandra Park.

He said no one smoked without an exemption and that there was no
demonstrating and no noise -- just a small group of people, chatting
in a public park.

But, police and City bylaw officers still asked them to
leave.

"They told us we had 15 minutes to leave, because we were violating
the City bylaw by having a gathering without a permit," Mr.
Ivancicevic said. "But if you look at the bylaw, what we were doing
doesn't apply. We have the right to assemble and we feel like that
right was infringed on."

The City's park bylaw prohibits "organized gatherings" or "organized
activities" from taking place in a park without a permit.

The bylaw defines an organized gathering as a picnic, event, or
gathering -- whether formally constituted or not -- with 50 people or
more. An organized activity is defined as a sport, game or activity
undertaken by a group or organization, whether or not participants are
wearing uniforms.

Mary Creighton, the City's director of parks and recreation, said the
fact that only 20 people showed up, misses the point.

"There could have been 200," she said. "The group that organized the
original event didn't apply a permit after they were told one was
needed, and they were expecting a large turnout, so we were concerned."

Deputy Chief Mercier said it's unfortunate that those at the park on
July 1 perceived the police as being heavy handed -- he said their job
is to uphold the law, and that they were doing just that.

"We don't take sides as the police, as long as events are respectful
and legal." he said. "Everyone has the right to their beliefs."
- ---
MAP posted-by: Richard R Smith Jr