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Yellowknifer resident Mark Bogan, right, in costume as Plywood Man, and Spider-Man stand atop Jack Layton's Toronto constituency office before police arrived on Aug. 8. - Lauren McKeon/NNSL Photo

SOMBA K'E/YELLOWKNIFE - Mark Bogan, a.k.a. Plywood Man, has been given until Aug. 19 to get out of Ontario after a Fathers 4 Justice protest atop Jack Layton's Toronto-based constituency office last Friday.

The protest, over pending child custody legislation, began peacefully enough at 6 a.m. EST that day when Bogan, a Yellowknife resident, and ViNhien Tran, an Ontarian dubbed Spider-Man, scaled the NDP leader's office.

Mere hours later Bogan was surrounded by Toronto's Emergency Task Force - Tran had surrendered without incident earlier in the afternoon. Bogan was subjected to flash bombs, tackled and taken into custody at about 5 p.m. EST.

Bogan, Tran and another activist, Denis Van Decker, were charged with mischief (interfering with property), mischief under $5,000 and common nuisance.

Tran and Decker were released Saturday, but Bogan remained in custody. Eventually released Tuesday on $10,000 bail, Bogan's numerous probation conditions, in addition to the ban from Ontario, include an order to cease contact with anyone from Fathers 4 Justice. The organization opposes the conditions.

"You don't even want to get me started on charter violations," said Kris Titus, the group's national co-ordinator. "It's just unbelievable. Whatever happened to freedom of association? Freedom of peaceful assembly? Freedom of expression?"

Under the conditions, Bogan will also only be allowed access to his son through court order - an outcome which clashes with the protest's intent. Fathers 4 Justice lobbies for equal parenting rights, and, in this case, specifically against the NDP's approach to a private members motion relating to that cause.

Yet, while Titus and her group questioned the probation, Yellowknife Crown attorney Shelley Tkatch said that such conditions are not uncommon.

Generally, she said, conditions are based on the circumstances of the crime and the evidence the Crown possesses.

"Non-communication has to be tied to a legitimate public safety issue on bail," she said.

This often applies to victims or potential victims, but it can also include the accused, like Bogan.

It's also a common condition for those not residing in the area of the incident to be prohibited from returning except to appear in court, she added.

"He's not from Ontario. If his only purpose of being in Ontario was for this protest then that would not be an unreasonable condition," Tkatch said. "It always goes back to what is the circumstance of the offence and what conditions can be put on that are reasonable to prevent further offences from happening."

Within the law or not, Fathers 4 Justice are not likely to let the conditions lie, according to Titus.

"We have no choice. We will have to defend our rights to peaceful political action. It extends beyond us now," she said.