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City and VPD move to arrest PiDGiN picketers, residents bring opposition


8658969691_2ccbb55076_z

Photo credit: DM GILLIS

After ten steady weeks of nightly protests by anti-poverty activists in front of the PiDGiN restaurant in Vancouver’s Downtown Eastside, police have stated that they plan to arrest picketers. In a press conference delivered yesterday, Vancouver Police Department spokesperson Brian Montague stated that his department is “anticipating an arrest soon.”

A letter issued yesterday by the VPD states that PiDGiN picketers can now be arrested for “shouting, screaming, or swearing.” The statement cites section 430(1) of the Criminal Code of Canada, which means that the VDP is seeking to label the protest a criminal action. An associated VPD release states that the police are issuing the arrest order to prevent Vancouverites from being “denied the lawful use and enjoyment of property.”

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<hr /> <a href="https://themainlander.com/?attachment_id=6939" rel="attachment wp-att-6939"><img class="aligncenter size-large wp-image-6939" alt="8658969691_2ccbb55076_z" src="https://themainlander.com/wp-content/uploads/2013/04/8658969691_2ccbb55076_z-550x392.jpg" width="550" height="392" /></a> <p dir="ltr" style="text-align: right;">Photo credit: <a href="http://vancouver.mediacoop.ca/author/dm-gillis" target="_blank">DM GILLIS</a></p> <p><p dir="ltr">After ten steady weeks of nightly protests by anti-poverty activists in front of the PiDGiN restaurant in Vancouver’s Downtown Eastside, police have stated that they plan to arrest picketers. In a <a href="http://www.cbc.ca/player/News/Canada/BC/ID/2380217060/">press conference</a> delivered yesterday, Vancouver Police Department spokesperson Brian Montague stated that his department is “anticipating an arrest soon.”</p> <p><p dir="ltr">A letter issued yesterday by the VPD <a href="http://vancouver.ca/police/assets/pdf/warning-letter.pdf">states</a> that PiDGiN picketers can now be arrested for “shouting, screaming, or swearing.” The statement cites section 430(1) of the <em>Criminal Code of Canada,</em> which means that the VDP is seeking to label the protest a criminal action. An associated VPD <a href="http://mediareleases.vpd.ca/2013/04/17/some-protestors-to-receive-notice-of-criminal-conduct-by-police/">release</a> states that the police are issuing the arrest order to prevent Vancouverites from being “denied the lawful use and enjoyment of property.”</p> <a href="https://themainlander.com/2013/04/18/city-and-vpd-move-to-arrest-pidgin-picketers-residents-bring-opposition/">Read Full Article →</a>

8658969691_2ccbb55076_z

Photo credit: DM GILLIS

After ten steady weeks of nightly protests by anti-poverty activists in front of the PiDGiN restaurant in Vancouver’s Downtown Eastside, police have stated that they plan to arrest picketers. In a press conference delivered yesterday, Vancouver Police Department spokesperson Brian Montague stated that his department is “anticipating an arrest soon.”

A letter issued yesterday by the VPD states that PiDGiN picketers can now be arrested for “shouting, screaming, or swearing.” The statement cites section 430(1) of the Criminal Code of Canada, which means that the VDP is seeking to label the protest a criminal action. An associated VPD release states that the police are issuing the arrest order to prevent Vancouverites from being “denied the lawful use and enjoyment of property.”

In a letter to police chief Jim Chu, the PIVOT Legal Society has stated the the VPD’s interpretation of section 430(1) is “inaccurate” and “too broadly defined.” The legal opinion reads, “section 430(1) is only intended to cover ‘physically blocking any person from freely entering, leaving or staying at any public place.’”

If acted upon, the arrest plan could mean a third lawsuit in two years for the City of Vancouver over a breach of the Charter of Rights and Freedoms. PIVOT is currently challenging the city over its recent proposal to impose $10,000 fines on the homeless, and have also criticized previous anti-protest by-laws passed by the Vision council. In 2011, the City of Vancouver approved laws which ban the use of “any structure, object, substance or thing” in protests. The law also proposed application fees and an approval process for public demonstrations. The BCCLA has said it will challenge both measures in court.

Last night was the 27th day of Homeless Dave’s ongoing Hunger Strike, and also the first picket after the VPD issued their statement labelling the picket “criminal conduct.” Dozens of residents came to support the picketers, including the Power of Women group (pictured above). Elaine Durocher of POW — who stated that there is “strength in numbers” and the will for change in  “me, my peeps, and Homeless Dave on day 27 of his hunger strike” — was proven right when police decided not to act on their directive to arrest picketers. According to Wendy Pedersen, “the PIVOT legal opinion plus the huge turnout of DTES residents at Pidgin may have stopped the police and city from their attempt to defend private business interests over social good.”

The VPD’s Montague has stated that issuing this vague threat that PiDGiN picketers may be arrested is an “unusual step” for his department. In an interview with The Mainlander, Nicholas Perrin countered that the arrest of housing activists has also been a regular practice since 2008, noting that the Mayor — who chairs the police board — has approved the arrest of housing activists at the Olympic Village, the Fraser Street shelter, and the Granville shelter.

An article on the VPD’s forced closure of Occupy Vancouver in 2011 states, “In the three years since 2008, Vision Vancouver and Robertson have evicted all major tent cities and arrested dozens of housing activists at shelters and empty housing projects across the city.”

13 Comments

13 Comments

  1. Randy Chatterjee

    April 18, 2013 at 9:21 am

    Criminal Code of Canada: Know your Laws!

    Mischief
    430. (1) Every one commits mischief who wilfully
    (a) destroys or damages property;
    (b) renders property dangerous, useless, inoperative or ineffective;
    (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or
    (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

    Marginal note:Idem
    (7) No person commits mischief within the meaning of this section by reason only that he attends at or near or approaches a dwelling-house or place for the purpose only of obtaining or communicating information.

    I simply suggest the protesters continue to “communicate information,” as is also their well-known Charter right. So long as that is the chief activity, arrests would be unnecessary and illegitimate.

  2. karen

    April 18, 2013 at 9:47 am

    As I walked down Seymour yesterday I noticed quite a few storefronts available to lease for restaurants or other businesses. It still needs to be explained clearly to me why restaurants such as Pidgin have to situate themselves in the centre of the DTES rather than in the neighbourhoods in which many residences have already been developed and sit 1/4 (at least) empty.. Oh, cheap rent? Well perhaps discussions should be had about restaurants that can’t make a go of things at regular market rents in the neighbourhoods of their clientele.

  3. Lisa

    April 18, 2013 at 10:46 am

    Just wondering what the goal of this protest is because I feel I might be missing the point

  4. Jim

    April 18, 2013 at 11:37 am

    Nice to see these people wasting everyone’s time and money and attempting to ruining a small business as opposed to literally doing anything else useful with their time.

  5. Randy Chatterjee

    April 18, 2013 at 12:10 pm

    More information on the history of this specific site and its once significant contribution to housing in the area was provided on The Mainlander here: https://themainlander.com/2013/03/04/eat-the-rich-picketers-promise-to-shut-down-pidgin/ .

    To know your history is to respect your elders and your customs and culture; we have little else to guide us.

  6. Brendan Caron

    April 19, 2013 at 1:12 am

    The Mayor and the council are in the pockets of the gevelopers as has been shown by his actions against the homeless. I am, presently, going through the tapes of the Public Hearing concerning Rize. he Canadian Media, as is their wont, have neither investigated nor been in attendance at all the Hearing. By this derelictiion of their duty of journalism they have shown, once again, that taking their paycheques and playing the role of journalists is all they are good for. They are neither journalst or reporters. They are stooges of the developers. Anyone reviewing the tapes will see and understand how this egregious assault against ordinary citizens has come to pass. There is corruption in this council that includes, virtually, every member.

    In atttending a meeting of one of the people that review upcoming projects one of the members of this council selected professionals gave his acceptance of a project that wants to build at 7th and Main. What the man did not disclose was that he has a project that is coming for review that is situated at 2nd and Main. He neither disclosed his conflict of inerest nor recused himself from the decision. This is what Vancouver politics has gotten to. What are you going to do about it?

  7. ELEANOR BECKETT

    April 24, 2013 at 8:53 am

    Wendy’s definition of a “huge” turnout differs considerably from mine. Or were there hundreds of protesters not captured in the shot? There are thousands of residents living in the DTES ( including me), and it always seems to be the same small handful who do all the protesting. The “usual suspects” as I call them.

  8. Tyler

    May 1, 2013 at 7:48 pm

    It’s about time that the city stands behind PiDGin (a business that contributes to society) and stands up to the people who only want to take from society.

  9. miranda

    May 2, 2013 at 12:00 pm

    I understand the frustration as to the housing situation in the DTES however I’m not sure how productive it is to aim this frustration at a small-time business owner who -if his business does fall – would potentially be financially crushed.

    This is a problem that is far more wide-reaching than one small business. Why not protest the persistent development of condo’s in Vancouver, particularly the new development in Chinatown rather than focus all these efforts on this. Perhaps there are details I’m missing, but it seems misguided in my opinion.

  10. Sarah B

    May 3, 2013 at 10:30 am

    Small business owner? That’s a little mealy mouthed for me. This is some hobbyhorse by some dude who made a lot of bank providing the IT infrastructure for high-frequency trading. This is not some guy trying to feed his kids.

  11. Doc Butch

    May 5, 2013 at 10:58 pm

    I understand the concern for the neighbourhood. But the personalized attacks against Brandon, his family, and the staff of this restaurant need to stop. Two years ago I suffered a near-life-ending brain injury. Two subdural hematomas. Brandon and his wife took me into their home, I recovered there for several weeks. Despite my insistence, they refused any gifts I tried to offer. They literally nursed me back to health while I learned to walk and talk again.That’s the side of Brandon these protesters don’t know – he is a loving, caring man who stepped up for me in my darkest hour. I support the call for more social housing, but this is not the way.

  12. Brendan Caron

    May 7, 2013 at 1:22 am

    And they are threatening people… why? I am sure that this is a story that is tres blase, however, it is par for the course in the neighbourhood. Live on the streets for more than a comfortable weekend.

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