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>X-Authenticated-Timestamp: 17:20:41(EST) on March 04, 1998
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>Date: Wed, 04 Mar 1998 17:10:52 -0500
>To: [log in to unmask]
>From: Bob Olsen <[log in to unmask]>
>Subject: OCAP Trial Report 4 March
>
>
>
> OCAP (Ontario Coalition Against Poverty)
> News Bulletin 4 March 1998
>
>
> GOOD NEWS........!!!!!!!
>
> Trespassing charges against 19 OCAP members dropped.
> Criminal charges against John Clarke, OCAP Provincial
> Organizer, and 5 other OCAP members were reduced.
>
>
> BAD NEWS.........!!!!!!!
>
> We did not get the chance to make our argument that,
> under section 7 of the Canadian Charter of Rights and
> Freedoms, the constitutional right to shelter takes
> precedence over any property rights of the owner of an
> unused apartment building and that the Trespass Act
> cannot be enforced against homeless people attempting
> to establish residence in abandoned apartment buildings.
>
> OCAP was prepared to present evidence from a number of
> expert witnesses on issues of housing, homelessness, the
> constitution and international law.
>
> The courtroom overflowed with defendants and about 100
> supporters, squeegee kids, street people and friends,
> including Jean-Claude Parrot, vice-president of the
> Canadian Labour Congress and media.
>
> The proceedings were delayed and delayed again because
> the crown attorney "could not locate the (witness) police
> officers."  Finally the trespassing charges against 19
> of us were dropped.  The judge seemed to be quite
> sympathetic to us and did not seem to allow the crown
> too much leeway.
>
> It is not clear to me at the moment what the criminal
> charges, against 6 people, were reduced to.  But they
> may have been reduced to charges of "mischief."
>
> On the new trial date, October 26, we shall have 3
> days to argue our charter challenge case and present
> our expert witnesses.
>
> OCAP's Charter Challenge is based, in part, on UN
> agreements, as well as the Canadian constitution,
> including the Charter of Rights and Freedoms.
>
> Canada's compliance with these international agreements
> will be reviewed in November 1998 by the UN Committee on
> Economic, Social and Cultural Rights.
>
> OCAP will call, in October, as an expert witness, at least
> one Canadian expert who is expected to submit evidence to
> that UN committee in November 1998.
>
> Documents available by email from [log in to unmask]:
>
> OCAP\argumentoutline   9  K
> UN\comment4                   22  K
> UN\comment7                   22  K
> UN\canadareview93             11  K
>
> The most important documents are the 1993 UN review of
> Canada's compliance with these international agreements
> and the outline of our lawyers' argument.
>
>
> Bob Olsen     Toronto         [log in to unmask]   (:-)
>
>