Halifax police review welcomed by lawyer representing arrested protestors

A review of a chaotic clash that broke out between police and protestors in downtown Halifax in August 2021 has been ordered by the police oversight board.

Halifax police used pepper spray and force to arrest and disperse protesters who were trying to prevent a homeless encampment from being torn down in front of an old library on Spring Garden Road.

Many in the community were calling for an independent review of the police handling of the homeless encampment eviction and subsequent protest.

Defence lawyer Asaf Rashid represents several protestors who were charged after the clash and says he had hoped a review would have been completed already but it's better now than never.

"I'm glad it's finally happening though, because it puts some scrutiny on police conduct," said Rashid.

“I think people expect that the police will allow people to express themselves and if there's an important issue that people want to show up to a public space to express their views on, people shouldn't feel like they are going to be met with a violent police response."

On Wednesday, Becky Kent, chair of the Halifax Board of Police Commissioners, announced an independent review of the police response, saying the event was traumatic for the entire city.

"The intention is to create a picture of what was successful and what wasn't and what we can do better," said Kent.

Halifax police Const. John MacLeod said the events of August 18, 2021, were challenging and they understand valuable lessons can be learned.

"This review will help us to improve how we deal with these types of situations in the future," said MacLeod in a statement.

"Over the past many months, the municipality has led many efforts to improve support for those experiencing homelessness. And we have considerably evolved the police response related to events of this nature," said MacLeod.

Paramedics administer aid to people who were pepper sprayed at protests that erupted Aug. 18, 2021, in Halifax⁦ after city staff removed several temporary homeless shelters across the city. (Todd Battis/CTV)

"We will be fully participating in the process and look forward to what can be learned to assist us with incidents like this in the future."

Toronto criminal defence lawyer Mark Sandler will oversee the independent review as a senior advisor who has served as legal counsel or senior advisor on more than 20 public inquiries and systemic reviews.

Sandler was lead counsel as part of the review into the Toronto Police Services' handling of missing person cases in the aftermath of serial killer Bruce MacArthur's killings. He was also a senior policy advisor in the recent public inquiry in Ottawa as it dealt with the truckers' protest and the use of the public emergencies act.

The Halifax review is set to begin in June and is intended to determine whether the right policies and practices are in place to deal with issues of homelessness and the police handling of those who are homeless and living in public spaces.

"The idea is to look at it from a systemic level to determine what should be done differently in the future when these issues arise," said Sandler. "And we know they are going to arise, as they continue to be ongoing issues, both in Halifax and across the country."

Halifax council approved the request for a review and set aside $250,000 for the work. It’s expected to culminate with a public report that’s due in May 2024, which will offer recommendations on how to best move forward.

"Police services are struggling with this issue right across the land,” said Sandler. “I would hope that our review would not only benefit the Halifax police but also police forces right across the country.”

There are still three trials yet to begin involving protestors who were arrested during the standoff with police. But both Rashid and Sandler say the review won't interfere with the court cases, as it won’t deal with specific cases or individuals but instead will examine broader, systemic issues.

The East Coast Prison Justice Society has been calling for an independent review since the protest.

Police officers stand in a line at an August 2021 protest in Halifax. (Sarah Plowman/CTV)

In the days following, the social justice group presented a petition to the Halifax police board with nearly 5,000 signatures in favour of an investigation.

“All these things need to be investigated,” said Tari Ajadi, a board member with the East Coast Prison Justice Society.

Ajadi says he wants to see policies on how Halifax police plan for protests and directives around the use of force on civilians and their instructions on when and how to remove tents and temporary shelters.

“Without this investigation, there would be no way for the board to hold the Halifax Regional Police accountable for the decisions that it makes,” said Ajadi, who witnessed the police clash with protesters.

“It’s necessary to look at all these circumstances and decisions that were made and that’s future-facing and it helps us to avoid these kinds of conflicts happening again.”

But it’s not just important to look at the events that transpired on that day, said Ajadi, but also to advocate and push for the board to hold police to account.

“At some point, [the board] actually [has] to do [its] job,” said Ajadi. “This review is a step towards that.”

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