We want to bring to your attention a matter of utmost urgency concerning the ongoing and escalating anti-Israel, antisemitic, and disruptive protests that have been occurring in the Eglinton-Lawrence and York Centre district, particularly at Avenue Road and Wilson.

For the past several weeks, the residents of this community have witnessed a disturbing rise in unlawful protests that not only violate various laws, including, but not limited to: Criminal Code to Promote Hate (s.319); Obstruct a Highway (s.423); Cause a Disturbance (s.175); Cause Mischief (s.430). These protests also pose a significant threat to the safety and well-being of the residents and businesses in the area. Both Jewish and non-Jewish

The police have an obligation to uphold the law.  We as citizens an taxpayers have a right to expect the police to do so.

This past weekend, the situation reached a critical point when police decided to block protestors from entering the overpass and as a result the protestors continued with their harassment at the corners of Avenue Road and Wilson Avenue.  An easily identifiable, yet often masked group has made a calculated plan to harass and threaten the quiet enjoyment of property because police are clearly choosing to not uphold at least five clear sections of the criminal code.  There is no relevant explanation including “de-escalation” for choosing not to uphold the criminal code. law enforcement cannot pick and choose who to arrest and who not to arrest, based on political affiliation or repeating a 'de-escalation' excuse in the face of clear violations of Canadian law.

As you all know, the police are required to make any arrest at any time if they have reasonable grounds to believe an offence has been committed. They do not need a prima facie case for conviction.  There have been reasonable grounds for arrests for at least 5 sections of the criminal code that have been violated. In broad daylight, brazenly, with police officers standing by as witness.

There is, however, another section of the criminal code that is even more clear, with less gray area. We invite you to read the below section, and compare that to exactly what is happening in Toronto at these unlawful assemblies where Jews are specifically targeted with the rhetoric that all of your Twitter accounts have even referred to.
Unlawful Assemblies and Riots

Marginal note:Unlawful assembly

63 (1) An unlawful assembly is an assembly of three or more persons who, with intent to carry out any common purpose, assemble in such a manner or so conduct themselves when they are assembled as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that they
o   (a) will disturb the peace tumultuously; or

o   (b) will by that assembly needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.

Marginal note:Lawful assembly becoming unlawful
(2) Persons who are lawfully assembled may become an unlawful assembly if they conduct themselves with a common purpose in a manner that would have made the assembly unlawful if they had assembled in that manner for that purpose.

Marginal note:Exception
(3) Persons are not unlawfully assembled by reason only that they are assembled to protect the dwelling-house of any one of them against persons who are threatening to break and enter it for the purpose of committing an indictable offence therein.

R.S., c. C-34, s. 64
Marginal note:Riot

64 A riot is an unlawful assembly that has begun to disturb the peace tumultuously.

R.S., c. C-34, s. 65
Marginal note:Punishment of rioter

65 (1) Every person who takes part in a riot is guilty of
o   (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

o   (b) an offence punishable on summary conviction.

Marginal note:Concealment of identity
(2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of

o   (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or

o   (b) an offence punishable on summary conviction.

R.S., 1985, c. C-46, s. 65
2013, c. 15, s. 2
2019, c. 25, s. 10
Previous Version

Marginal note:Punishment for unlawful assembly

66 (1) Every one who is a member of an unlawful assembly is guilty of an offence punishable on summary conviction.
Marginal note:Concealment of identity
(2) Every person who commits an offence under subsection (1) while wearing a mask or other disguise to conceal their identity without lawful excuse is guilty of

o   (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or

o   (b) an offence punishable on summary conviction.

 

There have been numerous examples whereby these organization of protestors are openly doing this in malls, residential streets, roadways, office towers.  The police have enough reasonable and probable grounds to lay charges.  They have stood by and done nothing, ostensibly because they're worried that if they do something, they will set the unlawful assemblers off to even greater violence than the spoken violence that seems to be ok with our police service.

By way of historical background, we refer you to the example the moment protestors demonstrated/obstructed/protested while masked in the G20.  

Officers moved in immediately to bring it to an end even if things escalated - they did it because that-masking in an assembly, is a clear offence under the criminal code. 

To bottom line this:

We are now at a point where if the police do not move in and lay charges against the unlawful, against the lawbreakers, the life, liberty and security of the Jewish community and the community at large pursuant to s.7 of the Charter are being infringed on a daily basis. We are exploring our legal options re same, given this complete inaction, where, these unlawful assemblies/obstructions are getting bigger, stronger, more antisemitic each and every time.  They are not going away

The lack of decisive leadership and policing in addressing these issues is deeply concerning to your constituents. Your silence over the past four weeks, other than a benign or feckless tweet, has not gone unnoticed, and the community is outraged by the inaction. 

Regardless of political affiliations, there is a growing sentiment among your constituents, and the broader voter base, that if these protests are not promptly stopped, your support will wane in the future. You may be playing a demographic calculus in terms of where your future votes will come from in Canada's changing climate, however we have a right to live in a country where the rule of law does not apply to some, but for others.

We implore you to take immediate action to address this situation. Law enforcement must enforce the laws. It is not enough or acceptable to simply close streets. The residents of this community demand these protests be shut down and arrests be made. A continued effort to ensure local residents feel safe and protected in their neighbourhood is imperative. One can only imagine how swiftly police would act if the Klu Klux Klan or Maga or the Proud Boys or any group other than this one growing entity in Canada were spewing this hatred and obstruction roadways and bridges and train stations and malls while often masked.

Your leadership is crucial in ensuring the safety and well-being of the people you represent. We urge you to liaise with the Attorney and Solicitor Generals to demand that the police take necessary actions, even if it means confronting and dispersing protestors. The residents of this community deserve a proactive response that ensures their safety and security.

The eyes of your constituents are keenly watching for an immediate and decisive resolution to this matter. We are demanding that elected officials stand up against unlawful behaviour and demand law enforcement uphold the law.