Mike w. Bryant reporting
Northern News Services
Yellowknife (Aug 22/01) - Yellowknife resident Graham Blake says he never intended to take part in violent protests while attending the Summit of the Americas in Quebec City last April, and he certainly didn't think he would be arrested while there.
But Blake was arrested, and now he is wondering what fate will have in store for him when his name -- one among dozens of others -- is read out at a preliminary hearing scheduled for Sept. 21 in Quebec's capital.
Blake, who works as a local computer technician, says his legal troubles began while out photo-documenting the event early Sunday morning -- April 22 -- at the height of the protests.
"I was alone on a narrow, dark street at the wrong place at the right time," Blake says.
Before venturing outside and into the waiting hands of police officers, Blake was enjoying a beer in a Rue St. Jean bar. He says it had been an intense couple of days, and he was simply trying to wind down when someone came into the bar to announce that police riot patrols were "out cracking people's skulls" a little past 1 a.m.
"I left the bar with the only intent in mind to capture abuse on film if it was in fact happening," Blake remembers.
"I told the bar owner that I was going to come back for last call."
Even though he had spent two days photographing the battle between rioters and police, Blake says he never participated in violent demonstrations himself. He marched, chanted slogans, and took pictures with his camera.
After walking for six blocks, Blake found himself at the infamous police-erected barrier designed to keep protesters away from the leaders' summit.
There he saw police repairing the damage protesters had made to the barrier earlier in the day.
Seeing nothing of interest, he turned back towards Rue St. Jean and the bar. It was then that he noticed tear gas filling the streets.
"I hurried towards Rue St. Jean and at the same time, a squad of about 20 riot police showed up," says Blake.
"I had my hands out to the side to indicate my non-violent nature, but one cop ran in front of me to block my way."
Blake tried to turn to go the other way, but after walking three steps four police officers tackled him to the ground.
His hands bound in plastic cuffs, Blake was whisked away to Orsainville Detention Centre on a school bus, where he would spend the next 25 hours in custody.
The handcuffs remained on for 13 hours.
"They had them on too tight, and I started freaking out on the bus because I couldn't feel my hands any more," Blake recalls.
During his entire time spent in custody, Blake says he was never formerly charged or arraigned in front of a judge.
After more than a day in custody, he was dropped off on a downtown Quebec City street corner, far away from where he was suppose to be lodging during his stay at the summit.
Blake says he had no idea that he had been charged with any crime until a friend told him he should look into it.
After contacting a lawyer with the Quebec Legal Collective -- a citizens' watchdog group which monitors police actions as well as assisted activists arrested during the summit -- Blake found out he was indeed summoned to appear in provincial court.
Yet, the summons had been mailed to an address Blake still keeps in British Columbia and he missed his court date, July 16.
Fortunately, due to a court backlog, he was able to get the date rescheduled for Sept. 21. He is charged under section 63 of the criminal code with unlawful assembly -- an offence punishable to a fine of $2,000 or a six-month term in prison or both.
The crown prosecutor in Quebec City, George LeTendre, says most of the defendants charged with unlawful assembly during the summit protests will receive either suspended sentences or community service. There are, however, some exceptions.
"The judge may take in account what he has done, if he has a criminal record," says LeTendre. "We must take in consideration all the facts about the accused."
Blake does a have a criminal record -- all relatively minor -- but is worried nonetheless how the ramifications of this fact will play out when he appears in court.
Regardless, he still plans to plead not guilty.
"It's the criminalization of dissent," says Blake.
"My perspective on it (the summit) is that police went really far in provoking protesters, and treating all protesters as violent protesters."