Ombudsman to probe G20 security rule

The Ontario ombudsman will investigate the introduction of a regulation that gave police broad powers to search and arrest people within Toronto's G20 summit perimeter.

"We're looking at that regulation, how it was passed, why it was passed, what was the genesis for passing such a regulation," André Marin told CBC News in an interview.

"And the second question is how that regulation was communicated to the public. And what effects did it have on the public's constitutional freedom of expression and association?"

The temporary powers regulation was published in the official Ontario Gazette last Saturday, five days after it lapsed. The regulation came to light when a man was arrested two days before the June 26-27 summit for refusing to provide ID to police while exploring the fence around the G20 "red zone."

Passed by the Ontario cabinet on June 2, the regulation designated the G20 security fence and the area within it a public work, bringing it under the purview of the Public Works Protection Act. As a result, police were allowed to ask those near the security perimeter to identify themselves and state their purpose for being there.

Anyone who failed to provide identification or explain why they were near the security zone could be searched and arrested. Penalties included up to two months in jail and a $500 fine.

In several pre-summit meetings between civil liberties advocates and security personnel, and in interviews with reporters who specifically asked about the laws that would be used to secure the G20, officials never mentioned the new police powers.

'We make only recommendations'

Findings by Marin's office's are not legally binding, but he doubts they'll be ignored in this case.

"At the end of the day, we make only recommendations," he said.

"And historically our recommendations have always been adopted by the provincial government. So we're confident that whatever findings we make and recommendations will be carried through and accepted by the provincial government."

Marin said his office has received 60 complaints relating to the G20. One complaint was signed by 129 York University professors, he said.

Several of the complaints allege a "lack of transparency and public communication" about the temporary regulation, which led to an "atmosphere of secrecy and confusion and contributed to the violation of civil liberties," Marin's office said in a release.

It was originally reported that the expanded police powers could be applied to a five-metre buffer zone outside the security fence. But Chief Bill Blair of the Toronto police said last week that such a provision never existed.

Premier Dalton McGuinty has acknowledged the government could have explained the rules more clearly. But he said he doesn't feel he owes the public an apology for what happened during the summit.

It was widely reported that police were stopping people well outside the G20 security zone, questioning them and searching their bags in public spaces.

More than 900 people were arrested during protests that turned violent during the G20 weekend.

"There was a lot of confusion," Marin said.

"The premier and [Community Safety and Correctional Services Minister Rick Bartolucci] have been very forthright and genuine in admitting that there was confusion and it had not been properly communicated. The next step is: what can we learn from it?"

Marin said his investigation would be completed in 90 days.

Meanwhile, the Toronto Police Services Board, a civilian agency overseeing the force, ordered an independent review of police actions during the G20 protests.

As well, the Toronto Police Service will also conduct an internal review of police operations that weekend.

Neither review is expected to investigate the actions of the provincial government, as Marin's office is doing.

Civil liberties groups have called for a full public inquiry into police actions. McGuinty has said only the federal government can order such a probe.