
A journalist with visible credentials is arrested by riot police as rain pours down at the conclusion of the G20 Summit June 27, 2010 in Toronto.
Robert Benzie and Rob Ferguson
It was “illegal” and “likely unconstitutional” for Premier Dalton McGuinty’s government to pass a secret regulation that police used to detain people near Toronto’s G20 summit of world leaders last summer, says Ombudsman Andre Marin.
In a scorching 125-page report entitled Caught in the Act, Marin said the measure “should never have been enacted” and “was almost certainly beyond the authority of the government to enact.”
“Responsible protesters and civil rights groups who took the trouble to educate themselves about their rights had no way of knowing they were walking into a trap – they were literally caught in the Act; the Public Works Protection Act and its pernicious regulatory offspring,” he told reporters.
Marin recommended that the little-known 1939 legislation should be revised or replaced and protocols developed so the public is made better aware when police powers are modified. He has given the government six months to make progress on this front.