Komer, one of the directors of the controversial group that has set up shop in St. the former church. The group has not named who it will file them with, but has spoken out against Mayor Jim Watson, the protesters and the bailiff, who it says are “basically squatters” and is seeking to evict them on behalf of the building’s owners. Komer has a history of pursuing private prosecutions, which experts describe as a legal option that comes with many hurdles and an “evil” that could pull the Crown to end the process at any time. “In all cases of private prosecution, the attorney general can intervene, take over, continue or stay the case at his discretion,” said Benjamin Berger, a professor at Osgoode Hall Law School. There are so many obstacles, in fact, Berger said it’s fair to say that modern criminal law in Canada “expresses a great deal of concern and skepticism about private prosecutions.” That didn’t stop Komer from using the unusual legal tool. In April, an Ontario Superior Court dismissed an application he filed for judicial review of a decision by the Office of the Independent Police Review Board (OIPRD) because “it would not be in the public interest to investigate his complaint about the conduct of certain officers of the Police Service of London (LPS)’. Komer filed a complaint in October alleging LPS officers discriminated against him based on his gender after he reported his wife’s behavior to police. According to court documents, Komer reported being locked out of his home and unable to retrieve his belongings. The St. Brigid’s is a decommissioned Catholic church and former arts centre. The United People of Canada was in the process of purchasing the heritage property, but its owner is now in the process of evicting the team. (Francis Ferland/CBC) “Instead of helping him, the officers failed to investigate his complaints and ordered him to stay away from his home and not contact his wife,” the documents state. “This was in stark contrast to the way the police responded to his wife’s complaints against him. According to the applicant, his treatment by the police was part of a systemic problem of police discrimination against male victims of intimate partner abuse. “ The OIPRD ruled that Komer’s complaint did not merit investigation, prompting him to challenge that decision in the High Court. Court documents state that Komer raised allegations of negligent investigation and discrimination, but the primary issue identified was his own dissatisfaction with the outcome of his police interaction, “particularly regarding access to his former marital residence and her rights of his spouse in the corporate property’. As a result, the case was dismissed. Komer told CBC he is in the process of asking the Ontario Court of Appeal to review the matter. Staff at that court confirmed that it had allowed an appeal to be filed on June 15. Despite the rejection and the need to appeal, Comer said on Tuesday that he had “great success” in relation to what happened in London after taking a private prosecution that resulted in criminal charges for “all the offenses against me… if it wasn’t” not dealt with properly by the police”. [Private prosecution] it usually results from a long-standing feud or hatred, or sometimes [is] retaliation.- Karen Bellinger, University of Toronto The CBC is unable to independently verify whether any of Komer’s private prosecutions have resulted in criminal charges, as court staff can only look them up by the name of the accused, which he declined to provide, citing concerns about privacy. Asked how his experience with private prosecutions in London affects The United People of Canada (TUPC) and his intentions to use them in Ottawa if necessary, Komer said the two situations present “similar scenarios of events.” The organization frequently mentions the private prosecution on social media and in interviews, sharing on Twitter on Friday that the judiciary had apparently approved criminal charges against two people and boasting a “100% success rate in approving our information”. However, Komer said the allegations on Twitter were not related to St. Brigid’s no way, although the group has “private prosecutions ready for here too” if the police don’t act. Ottawa police said Monday that officers were called to the property three times over the weekend and police are continuing to investigate a complaint of harassment. The private prosecution for 4 criminal charges against 2 individuals is approved by a Magistrate’s Court to proceed to the preliminary hearing stage. Our Private Prosecution Team continues to maintain a 100% success rate in approving information submitted. #RuleOfLaw —@TUPOC_CA Ottawa court staff said private prosecutions tend to take a lot of time and resources, so they usually only handle about five a month. Any not filed before the end of August likely won’t go to trial until October or November. The Criminal Code of Canada allows anyone who believes a crime has occurred to bring a private prosecution, according to Karen Bellinger, a staff lawyer at the University of Toronto’s Downtown Legal Services. It’s generally done when police have declined to press charges in situations such as a dispute between neighbors, he added. “People will go to a magistrate’s court to pursue a private prosecution as a last resort,” Bellinger said. “In my experience, it usually results from a long-standing feud or grudge, or sometimes [is] retaliation”.
How the process works
The first step involves going to the magistrates’ court at a court and filling out a form setting out the facts. If there are good grounds, the justice will request information and schedule what is called a preliminary hearing. There the person who brought the private prosecution will appear before the justice who will decide whether to issue a summons or arrest warrant or whether the matter should not proceed further. A banner with the logo of The United People of Canada hangs inside the St. Brigid’s. (Dan Taekema/CBC) The Crown can also choose to withdraw the charge without the permission of the person who brought it if it believes the process is not in the public interest or there is no reasonable prospect of conviction, Bellinger said. “This is an essentially non-reviewable decision by the attorney general,” said Berger, the Osgoode Hall professor. “There is always that string that the Crown can pull.”
TUPC also raises concerns about policing, discrimination
Komer said the case he is appealing in London is separate from TUPC and its activities. However, he makes some of the same complaints now. He told the CBC that he was a “victim of discrimination” in London and that the police blocked the service, adding that he had to pursue a private prosecution to get “protection” from the Criminal Code. TUPC has also raised concerns about the service it receives from police when called to St. Brigid’s in response to the protesters. Over the weekend, Komer also told reporters that TUPC has faced discrimination from various organizations in Ottawa, from the Lowertown Community Association to Mayor Jim Watson’s office, who called the group “a bit of a joke.” Asked how TUPC had been discriminated against, the director said TUPC was targeted because it includes all people and perspectives, including “freedom fighters”. He said the group plans to take legal action against the mayor and various community organizations, including the 3,608 signatories of a petition calling for the city to take over St. Brigid or help another local organization to do so.
