Back in May, I linked to the perverse tale of Byron Sonne, a Toronto hacker and security researcher who was caught up in the G20 dragnet, part of the overall campaign of illegal harassment, arrest and violence against protesters in the city.
Sonne's trial is underway now, and Denise Balkissoon is covering it in depth for OpenFile.ca. Balkissoon's coverage cuts through the legal complexities and tedium and gets right to the point, and is as good as courtroom reporting gets.
This week, the Crown conceded that Toronto Police used a ruse in order to get Byron Sonne to hand over his ID on June 15, 2010. Sonne—otherwise known as the G20 Hacker, or the Anarchist of Forest Hill—had been filming the $9.4 million security fence that went up before the international summit. A security guard called the police, and three officers stopped Sonne as he walked along Temperance St.
One asked for his identification. Sonne refused, stating that he knew it was his right not to identify himself unless he was being detained for a specific crime. So, bicycle officer Michael Wong told Sonne that he was being investigated for jaywalking under the Highway Traffic Act. “This was simply a ruse employed to obtain the Applicant’s identification,” reads the statement of fact submitted by the Crown Attorney. “It worked.”
In Sonne’s preliminary trial last winter, all three officers agreed that none of them had actually seen him cross the street illegally. On November 10, Superior Court Justice Nancy Spies decided this ruse meant Sonne was unlawfully detained, and that his rights were violated under the Canadian Charter of Rights and Freedoms. Next week, Judge Spies will decide if the Toronto Police also violated his rights when searching his home, seizing his possessions, or questioning him for 12 hours without access to a lawyer. Then begins his trial for possessing explosive materials and “counseling the indictable offense of mischief not committed.” I’ll explain that one to you when the trial gets started.