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Listen to the audio for this article here
There is a lot of buzz on the Internet regarding our arrest outside
the mayor's office at Calgary's old City Hall, and about who's problem
this matter is anyway (Mayor Nenshi or Mayor Bronconnier)? Some have
suggested that the current mayor has nothing to do with the matter of
Street Church vs the City, but that this matter is really just the
remaining remnants of a previous battle between the street preacher,
Artur Pawlowski, and the former mayor Dave Bronconnier.
Did the battle start with Bronconnier? Yes. But since Calgary's new
mayor took over, Street Church has made several attempts to meet with
the mayor to discuss the ongoing matter with him and to give the current
mayor an opportunity to review the matter first hand, in order that all
the mistakes of the previous administration could be put behind us and
that the City and Street Church team up for the benefit of Calgary's
homeless population, moving peacefully and co-operatively forward along
side one another (bare in mind that Street Church Ministries prepares
over 200,000 meals per year and delivers them to the most vulerable
segment of Calgary's population, its homeless citizens)
Please review one of the letters that was sent to the mayor
requesting a meeting to discuss the ongoing persecution of Street Church
which can be found here.
To this day, Street Church still awaits a meeting with the mayor.
Another aspect of confusion comes into this matter relating to the use
of amplification. The media continues to incorrectly report that the
issues that the City has had with the Street Church mininstry is
completely to do with illegal amplification. Yet, to this day, Street
Church has never been charged or convicted of being too loud, even
though bylaw officers came with their noise meters to test for sound
level breaches, they were never able to find any merit in the idea that
Street Church has exceeded noise level restrictions found in the city
bylaws or park usage rules. Also, Street Church has never been convicted
of disturbing the peace.
A number of judges, including the appeal judge in the most recent
court case, relating to Street Church versus the City of Calgary, all
agreed that many of the bylaws used to prosecute Street Church were
unconstitutional. Although there is a balance that a city must try to
maintain, between the rights of all citizens, the bylaws that the City
created were too vague and could be widely interpreted and applied by
bylaw and police officers on the scene. For example, giving a half
sandwich to a starving child would, under the City of Calgary's bylaws,
make you a criminal worthy of fines and if you would continue to do such
a horrible thing, the result could be an arrest and court appearance to
prove your innocense.
Also, due to the bylaw relating to gathering a crowd in a park, if
you were to gather with your family and friends for a picnic, you could
be fined for gathering a crowd, if you did not first obtain a permit to
'gather'.
These are merely a couple of examples of bylaws that the City of
Calgary uses to try to shut people up they don't like, including in this
case Calgary's street preacher Artur Pawlowski.
The Charter of Rights and Freedoms clearly states the following are Guaranteed Fundamental Freedoms in Canada as seen here (http://laws.justice.gc.ca/eng/charter/page-1.html#l_I:s_1):
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Fundamental Freedoms
2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association
These freedoms are foundational to our democracy. In Canada, the
Charter is a master law which other lower laws, such as bylaws, are
subject to. When it comes to public life, the mere dislike of other
people's opinions does not give you the right to deny them their
guaranteed fundamental freedoms, not through law making nor application
of the law by law enforcement personnel.
Back to the matter of who's fight this is now. The truth is that the
fight initially started, under the Bronconnier administration relating
to 'illegally' gathering in a park and 'illegally' giving away free
goods and services in a park.
Here is the first media coverage of the problems with the City when
the City decided to go from positive to negative in relation to their
dealings with Street Church in 2005 – http://streetchurch.ca/index.php/2005082541/News/Media/park-preacher.html
Our current mayor, Naheed Nenshi, by refusing to meet with Street
Church, for over a year, by not calling off the City law department and
by allowing both the City's Corporate Security and the police department
to continue to persecute this group of Christians, made this an issue
which directly relates not only to the past administration but also to
himself.
If this were the only reason, perhaps one might say, that this is not
enough to connect Nenshi with the current matters that have happened
under his administration, including the recent arrest of six Christian
people including Artur Pawlowski and five others at Calgary's City Hall.
By this action, which was clearly not unbiased, Mayor Naheed Nenshi,
showed not only that he fully supports what has been happening in the
past, but that he is picking up and continuing these strategies in an
effort to silence the voice of these Calgarian citizens.
The public should be aware that after the arrests, Street Church sent
an e-mail requesting a response from the mayor of why I, Artur
Pawlowski and four other Christians were arrested for waiting in the
lobby of the old City Hall to talk to him regarding our treatment in the
Atrium of Calgary's new City Hall building. Yes, you read correctly, we
were not arrested because we refused to leave the Atrium. All thirty of
us who came to peacefully gather in the Atrium were peacefully escorted
by the police out of the new City Hall building. Most did not receive
no trespass notices, but some did, yet all were escorted out. So to be
clear, It was not until we went to talk to the mayor about the matter
that the arrests took place. What's really ironic about our place of
arrest is that it was outside the mayor's office, right beside the sign
which states, 'cutting the red tape the mayor wants to hear from you.'
(I guess 'from you' does not refer to Street Church, CCC or perhaps
other Calgarians who want to question the tactics of the current
administration)
By the way, to this day, Street Church has not received the courtesy of a personal reply to their e-mail requesting the mayor's clarification on the issue (later on in this article I will reference the public e-mail
that the mayor sent to third parties who contacted the mayor
complaining about our arrest, but Street Church never received his
reply). I have also, personally, sent e-mails to the mayor on these and
other issues and have not received a reply.
It was upon being kicked out of Calgary's 'living room', as Mayor
Nenshi calls it, that we went to discuss the matter with him personally.
We did not re-enter the Atrium, nor the new City Hall building. We all
felt that the acts of Corporate Security and the police were accessive
and were not in alignment with the new found tolerance of the City of
Calgary to democratic freedoms as demonstrated with the multi-month
incident with Occupy Calgary. Occupy Calgary was extended great and wide
birth even to the point of destroying city property and lighting
unauthorized fires in the park along with deficating in the park.
Although we wouldn't desire these allowances, they were extended and yet
they were clearly unlawful.
Occupy Calgary gave away free goods and services, set up tables,
gathered crowds and stayed there in tents they errected, fixed signs and
banners and flags to trees and posts, distributed pamphlets, had public
debates and press conferences, at times using amplification, and all
without permits. These activities were allowed to continue for weeks
upon weeks and Mayor Nenshi continued to state that the city could not
act for fear of stepping on the Occupiers rights. When the mayor, along
with the other city councellors finally decided it was time to move the
occupiers out, they did so by first getting permission from the courts
to do so, through an injunction hearing. That's when they came in with
the police to remove the tents of the Occupiers. The mayor then made it
very clear, publicly, that the Occupiers were still allowed to protest,
even at City Hall.
This is completely unlike the incident that happened between
ourselves and the City. Artur Pawlowski had a meeting with Owen Key, the
head of Corporate Security, who inicated that he had already had a
meeting with Mayor Naheed Nenshi and that the mayor was already aware of
the situation and he was therefor very confident to take action against
us in the form of removing us from the Atrium. We found this hard to
believe since the mayor repeately stated in the news the importance of
protecting the rights of all citizens and he had on the public record
indicated that the Atrium and Olympic Plaza needs to be made available
to all citizens regardless of whether or not one likes those people or
their views.
In the recent reply that came from Nenshi's office, it was not stated
that Artur Pawlowski had tried to negotiate with Owen Key the head of
Corporate Security, for over a month, for the right to use the Atrium
for occasional peaceful gatherings or a room to gather and pray for the
City and its administration. The very purpose of meeting with and
speaking with Owen Key, on a number of occasions, was to negotiate usage
of the Atrium with advanced notice and to ensure that there was
understanding and agreement between both parties. This differs greatly
from the Occupy Calgary approach, in which, they just showed up and
carried out a Tibetan religious service in the Atrium, without permits
or prior permission, without being bothered by corporate security or the
police.
Also, the mayor's reply did not state that Artur Pawlowski refused to sign the application for Atrium use
that was given, in its current form, as the application requires that a
person agree to the usage rules pertaining to the Atrium, which are
riddled with direct conflicts with the Charter and with the nature of
the event that would be carried out (namely a religious event which the
usage rules prohibit).
Here are the main problems with the usage rules as they pertain to the nature of the gathering Street Church was holding (direct quotes from the usage terms for the atrium):
The following events or activities are not allowed in the "space":
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Spontaneous activities
-
Religious activities during business hours
-
Political demonstration or any activity that is considered political
-
Public rallies
-
Campaigning or soliciting of any kind [including giving out pamphlets or other documentation]
-
Press conferences
RESPONSIBILITY OF APPLICANT
The applicant must maintain a commercial general liability insurance policy in the amount of not less than Two Million Dollars ($2,000,000) inclusive limit for any one occurrence and such insurance policy shall include:
Marketing / Signage
APPLICATION
Applicant can only apply for the use of the “space” once per year.
So, the City wants all citizens to fill in their unconstitutional
application which requires them to agree to the terms laid out in the
External Users Guidelines. The problem is that those 'guidelines'
prohibit them from doing the very activities they are desiring to do.
What does this mean? It means that if Street Church filled in the forms
and signed off on it and then proceeded to hold the service they were
desiring to hold, they would in fact be breaching the agreement that
they signed, which is a legal contract. Not to mention the fact that the
behaviours the usage rules prohibit are protected under the Charter of
Rights and Freedoms, especially on public property, which the municipal
buildings are. This is not just my opinion, but has been demonstrated by
Canada's courts over and over again. Here is an example of a ruling
from the Canada's highest court, the Supreme Court of Canada -
“If Members of the public had no right
whatsoever to distribute leaflets or engage in other expressive
activity on government-owned property...then there would be little if
any opportunity to exercise their rights of freedom of expression.“
[defending the right to post on public utility poles and hand out
leaflets in public government-owned buildings]
~ Supreme Court of Canada
The Mayor's office, in their reply
to those who complained to the mayor about our arrest, made several
incorrect statements which may lead the public to believe we were wrong
in our dealings with City Hall. I will address them one by one (The
Mayor's responses are italicized and my answers are below):
The column written by Mr. Levant and published in several Sun Media news papers ("All Means All") contains several significant errors.
This comment is not correct, and we will demonstrate that as we deal with each of his other comments one by one.
Mayor Nenshi did not call in the police, nor a private security team, to evict Mr. Pawlowski from City Hall. City security discovered that Mr. Pawlowski had refused to submit the necessary paperwork
to use the City Hall Atrium in the manner he wished. The decision to
call the Police was made by the City's security staff when Mr. Pawlowski
refused to leave the Atrium following this discovery.
Before the church service, we were told by Owen Key head of Corporate
Security that he had a meeting with the mayor discussing our intention
to return to City Hall, to exercise our democratic freedoms, and Mr. Key
told us that they spoke of how to handle the matter. So the mayor
definitely was not only aware of the matter but was also involved in the
decision making process of how we were to be dealt with. As indicated
before, Street Church and Owen Key were in negotiations over paperwork
relating to Street Church's desire to exercise their freedoms. This was
not some kind of dramatic revelation of a sudden action by a militant
group, no, it was something that was previously discussed with City Hall
and City Hall knew of their intentions well in advance.
This procedure is the same for all groups, whether they are Christian, Muslim, Jewish, or anything else.
Clearly this procedure is not the same for everyone. Occupiers were
allowed free reign for weeks. They were allowed to carry out a Tibetan
religious ceremony in atrium and for several days occupied the area
right outside the council chambers. Also, on one occasion, we are aware
of, they took their vocal protest right inside the council chambers and
were yelling and chanting whilst in there. Yet, though they had no
signed permits, they had no problems with Corporate Security, no tickets
and no arrests. Also, at the time the occupiers were holding their
gatherings/protests in the Atrium, Artur Pawlowski questioned Owen Key
as to whether Corporate Security were going to do anything about the
occupiers and he said no. Is this the same tactics, the same approach,
the same application of policy that the City and the mayor used only
weeks later with Street Church?
Violating city bylaws is nothing new for Mr. Pawlowski, as he has
been charged with more than 70 violations over the past six years, most
of which were a result of citizen complaints about his use of
amplification equipment in public spaces.
Firstly, this response is clearly trying to continue to paint Artur
Pawlowski as a lawbreaker and a trouble maker even though he has been
repeately vindicated by the courts, time after time. The mayor is
correct, though, in pointing out that Artur Pawlowski has had to defend
his democratic freedoms on almost countless occasions. To this day, he
has never been criminally convicted and even though he has received over
a hundred summons and stood countless times before the courts with a
total of nine arrests, the only penalty he had to pay was a symbolic $1
fine (for using an electrical cord in a park, which the judge used as
slap the City for their audacious behaviour. The City also indicated in
this statement that the violations over the past six years 'most of which were a result of citizen complaints about his use of amplification equipment in public spaces', which
is also not true. Ninety-five percent of the fines and summons had
nothing to do with amplification whatsoever; most of the tickets were
things like, giving away free goods and services, placing materials on
the ground, gathering a crowd, erecting signs, stunting (for being a
distraction to vehicles passing by), operating a barbecue in a park,
etc... The fact that the Mayor's office would make such a statement
indicates that the mayor is either completely incompitant, making public
replies without checking his facts, or intentionally misleading the
public. This civil servant should be embarassed to imply, in
communications with the public, that a citizen should have to continue
to defend himself over and over in the courts, even though the courts
have repeatedly indicated that the city has abused its power and has
created and applied unconstitutional laws that have infringed on the
charter rights of that citizen.
In the last court judgement on this matter, the courts upheld The
City's right to enforce its bylaws, a decision Mr. Pawlowski is
appealing.
This is once again a misleading statement. In his decision, the judge
ruled that seventy five percent of the bylaws presented before him were
unconstitutional. He did uphold the right for the City to exercise
their bylaws when it comes to amplification limits. That's all.
Mayor Nenshi has said that the Street Church is welcome to use the
Atrium for their gatherings, provided they follow the proper process.
This is completely inacurate. As we stated before, Street Church
asked for meetings with the mayor on multiple occasions, and so did I.
They tried negotiating the use of the Atrium for over a month and
indicated their concerns with the application process, especially as
pertaining to the usage rules. Suggesting that Street Church could use
the Atrium if they would follow proper procedure is rediculous. Even in
an interview with Owen Key, the media asked if Mr. Key believed that
Street Church would be granted permission if they followed proper
procedure, and Mr. Key indicated that he couldn't say that they would be
granted that permission.
The City of Calgary's approach to the Occupy Calgary protest was
to obtain a municipal injunction against the protest to have it evicted
from Olympic Plaza.
Firstly, the injunction acquired by the City had nothing to do with
Occupiers being inside of the Atrium, but had everything to do with the
Occupy Calgary tents at Olympic Plaza. Mr. Mayor indicated in the media a
number of times that he welcomes Occupiers to protest at City Hall
during working hours. Artur Pawlowski was at the, Occupy Calgary versus
the City of Calgary, injunction hearing and heard all of the requests
being made by the City and there was no mention of the Atrium or City
Hall.
So again, Occupiers were welcomed, yet Street Church and CCC are not
welcome. Occupiers were granted every freedom, including being allowed
to cause tens of thousands of dollars in damage to Olympic Plaza, such
as the destruction of the public bathrooms in the park, without any
reprocutions, or harassment.
So whether or not the different treatment is related to the mayor's
religious or ideological beliefs, the extreme treatment of Street Church
in comparison to the overly lenient treatment of Occupy Calgary begs
many questions.
It's also worth mentioning that the mayor's office is not the only
one misinforming the public. Add to the mix, the reply by the Calgary
Police Department, who immediately after our arrest gave the following
public statement:
We were called by the City of Calgary’s Corporate Security department, in response to a group who were creating a disturbance. Those causing the disruption had already been served a trespass notice by the agent for the property and refused to leave. The Criminal Code of Canada provides the authority for a owner of a property to remove a trespasser and that’s why CPS was called to do. The matter is now before the courts and we cannot discuss it further.
In this short paragraph there are three direct lies and one misleading statement.
I will address each comment. To start with, Street Church had
notified the public and the media that they would be holding a service
in the Atrium on the day in question during the lunch hour in honor of
our savior, Jesus Christ, during the Christmas season. City Hall also
received this notification.
To be clear, CPS was not called in after the fact in response to us
causing a disturbance at all. When we arrived at City Hall Corporate
security was already there waiting for us with the police officers. In
fact, a Street Church volunteer was on site about an hour earlier and
saw City Hall Corporate Security meeting with the officers that later
escorted us from the Atrium. They were making their plans before we even
arrived.
Also, at this point we had not received no trespass notices from
Corporate Security. That didn't happen until Artur Pawlowski had read
from the Bible out loud and shared a short sermon to his listeners in
the Atrium (once again without amplification). That is what Mr.
Pawlowski did to receive his trespass notice. As for me, I didn't
receive a trespass notice until I was deeply bothered by the abuse of
the Charter that was happening before my very eyes and walked over to
the base of the stairs outside the Council Chambers and started reading
Canada's Charter of Rights and Freedoms. Prior to this I had never been
given either a warning from Corporate Security, nor a no trespass order
(in fact, I have never in my life been given a no trespass order, until I
read Canada's Charter of Rights and Freedoms in my city's municipal
building and by the way, I have also never been arrested before until I
went to speak to my mayor about this reprehensible behaviour).
Could someone please explain what was illegal about doing such a
thing? The reason why I ask the question to you, is because when I asked
the officers, they could not or would not tell me the answer. They
merely indicated that I was trespassing. What? I was trespassing in my
City Hall, a public building? That's the reason I was given a no
trespass order? That's why I wanted to talk to the mayor, which I was
arrested for doing. Once again, when I asked the officers why I was
being arrested, they told me that I was trespassing. I asked them for
the reason they were arrresting me for trespassing, specifically what
law or bylaw I had broken and they, without wanting me to look at them,
restated again and again that I was trespassing. This was shameful
behaviour and a disgrace to our country and our democracy. So to
sumarize, I was given a no trespass order, not for breaking any laws or
bylaws, but because I was not wanted there, in a public building that I
pay taxes to be in and use for appropriate reasons.
The next statement is that of ownership of the Atrium. Who owns the
building? It is a public building, paid for by the public, designed for
public interactions and information exchanges and repeatedly protected
against charter infractions by various levels of courts throughout our
country and other democratic nations around the world and throughout
history. To put it bluntly, the civil servants are merely caretakers of
your and my civic building. They are not the owners.
And as for the last statement about this matter being before the
courts which disables the CPS from discussing the matter further. In
part this is true, tickets have been issued and until we plead guilty or
not guilty and before the court hears the case, the fines are a matter
of the courts to decide (whether or not the fines are legitimate). As
for the matter of the arrests and whether people can question the CPS on
why they arrested people for inquiring of the mayor why they were given
trespass orders for reading from the Bible and the Charter of Rights
and freedoms, that is a matter that the CPS can and should be made to
answer questions about. They are absolutely not bound by law to be
silent about the reasons for their actions, especially given their oath
to serve and protect our City's citizens. But saying that the matter is
before the courts is an excuse that they like to use when they don't
want to be accountable for their wrongful acts.
What seems certain with this whole matter and what clearly
distinguishes Street Church from Occupy Calgary, and other groups that
are given allowances and leniency that Street Church is not allowed to
enjoy, is that the problem is with the message that is being delivered.
If it's 'eat the rich', it's good, if it's the message of hope through
repentance and acceptance of Jesus Christ, it's damnable.
So here are some questions I have for everyone.
Why is the office of the mayor obviously lying to people about what truly happened?
Why did the police department lie to the public just hours after our arrest about what took place?
Why is Calgary City Hall's Corporate Security lying about Street
Church's previous discussions and negotiations with them regarding the
Atrium usage?
Why is the mayor stating, what is clearly a lie, that Street Church
is being treated like every body else, when anyone with their eyes open
can clearly see the bias applied to Street Church, especially with the
City's immediately recent dealings with Occupy Calgary?
When will the City of Calgary stop persecuting Street Church, stop
spreading lies about them to the public and admit that they have abused
their power and make recompense for their persecutions?
And the most important question I have is, if they acted righteously and lawfully then why the lies?
To the City of Calgary, to the CPS, to Calgary's City Hall's
Corporate Security, and to our mayor and all others involved in this
ongoing persecution repent for your wrong deeds...
"But if ye will not do so, behold, ye have sinned against the Lord: and be sure your sin will find you out" (Num. 32:23 )
More details on the arrest and pictures are here: http://streetchurch.ca/index.php/20111220803/News/Journals/Six-arrested-at-Christmas.html
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