Police allege that student reached for officer's handgun


  Photo: Sean Palter

On Thursday, January 20, students faced what some call violent police aggression after refusing to leave their anti-imperialist demonstration in Vari Hall, where protesting is forbidden.

During Thursday's protest, two students were badly beaten by police after they refused to leave the premises of Vari Hall.

Gregory Bird, a Ph.D. student, was beaten by police with a baton and Nicholas Birtig, a political science student, was taken to hospital due to the beatings that he allegedly received by police in a holding room in the Ross building after the rally. 

When student protestors refused to leave Vari Hall, police circled a group of demonstrators and a physical riot transpired.  Students were tackled to the ground by several police officers and York Security before being taken to a room in the Ross South Building.

Konstantine Kilibarda, an academic researcher for Cambridge University, was arrested and detained in the room with the other four students and witnessed the alleged beating of Birtig by the police.

"They started hitting him repeatedly and when he lifted his head, it was just covered in blood. The group were all pretty roughed up," alleges Kilibarda, adding that "in detention I was tackled from behind by an officer and brought to the ground, I didn't resist, I just went limp."

Five people - Gregory Bird, Nicholas Birtig, Alissa Watt, Erin Gray and Konstantine Kilibarda - were arrested and taken to 31 Division after participating in the rally, which was in protest of the inauguration of US President George W. Bush.

Constable Isabelle Cotton, corporate communication representative for 31 Division, claimed that there was a struggle in Vari Hall with one student as cops tried to restrain him. Cotton says that the struggle led to the student attempting to reach for the police officer's handgun. 

"They will be processed and charged for trespassing, assault, and obstruct [sic], those are the charges we are looking at," says Cotton adding that, "when you try to steal an officer's gun, it's pretty major."

Toronto Police also allege that two police officers were punched in the face and one officer had a hot beverage thrown in his face. However, Constable Cotton confirmed that there were no bruises or injuries on any of the police officers.

The demonstration was organized by the Grassroots Anti-imperialist Network (GRAIN), whose members were addressing the inauguration of President Bush and other issues such as corporate affiliations to York University.

The administration called police after members of GRAIN and CUPE 3903 began using megaphones in Vari Hall and allegedly disrupting classes. 

The administration released a notice on Friday, January 21, stating that the protesters became violent, endangering the safety of students and disrupting classes.

Students are prohibited from holding demonstrations in Vari Hall because of its proximity to classrooms and were provided the option of going to the Burton Auditorium in the Fine Arts Building.

Nancy White, media relations director for York, empathized with the aggressive outcome between students and police, but noted that York Security asked the protesters to leave numerous times and to refrain from using a megaphone, after receiving complaints from faculty members who were teaching in classrooms in Vari Hall.

"It's very unfortunate that these individuals became involved in a violent altercation with the police," says White. "The University will do what it can to accommodate students who wish to engage in peaceful protests. We are always open to dialogue."

Gary Brewer, York's vice-president of finance and administration, states that the school has never restricted free speech, but those who want to carry out demonstrations must do so in designated areas that will not disrupt classes.

"The University is not against free speech, we do have principles of disallowing the disruption of classes," says Brewer. "We have people here that are willing and able, wanting to show people how to express themselves without disrupting classes. We have classes going on in this space."

Another demonstration was held on Friday, January 21, criticizing the administration for calling the police to come and intervene at the Thursday protest.

Nick Lary, professor of humanities and vice-president external of the York University Faculty Association (YUFA), believes that Vari Hall should be a space in which students can harbour free speech.

"Students are citizens and have civil liberties. They are our future teachers, leaders, and defenders," Lary told the crowd. "We call on president Marsden to make Vari Hall a public space dedicated to free speech."

Mike Belanger and Jane Grant, representatives of YUFA, agree that the University needs to provide a legitimate central space for discussions and demonstrations.

Video footage, taped by one of the protesters, was shown in Vari Hall to over 1,000 student spectators showing the use of batons on students as well as physical intervention by the police and York Security. However, it was unclear as to whether or not a student attempted to grab an officer's gun.

Moiz Syed, a first-year student, was one of many students who viewed the video.
"I don't believe that a student was going for the gun, but the police were also here for our safety," says Syed.

Nancy White says that the alleged attempt to reach for an officer's gun was a serious issue for the police and that in such cases, police must follow their own set of procedures.

"When police come onto campus they are required to abide by a police protocol and if one of their officers gets hurt, there is a protocol that applies," she says.

Jared Saltz, a third-year anthropology student, was at the January 20 protest and says that both the police and the students aggravated the situation and that the police were not concerned with who should be arrested but rather attempting to clear out the area.

"We know that cops can be defensive, they will panic in certain situations and we know that as students, and they might act in violence," says Saltz, suggesting that perhaps the protesters should have exercised caution.

Footage of York Security officer Ken Tooby restraining students was also shown. The footage initiated a strong reaction from spectators resulting in the harassment and taunting of Tooby, who was escorted out of Vari Hall by security. 

Sima Zerehi, a member of the Coalition Against the Deportation of Palestinian Refugees in Toronto, criticized Tooby, stating that security officials are hired to protect the security of students on campus.

"When those security officials don't follow their own mandate and violate the very principles of their job and physically engage in violent activity targeted at students, they have to be held accountable," she says.

Joanie Cameron-Pritchett of YUFA, criticized the singling out of one security officer, noting that the aim is to maintain a peaceful assembly and focus on the issues that are important without initiating more violence.

"It's just the kind of thing we don't want. You want the 1,000 people that are here peacefully assembling and protesting just as Martin Luther King Jr. did at [the] Lincoln Memorial to be the star report," she says.

On Monday, January 24, the York Federation of Students (YFS) expressed their displeasure by holding a press conference to address both the media and student body.

Omari Mason, president of the YFS, denounced the actions of the administration in involving the police at the January 20 rally.

Mason made a series of demands, including the dismissal of criminal charges against the five students, the establishment of an external inquiry into the procedures used, including police intervention, and that disciplinary action be taken against security officers and administrators in charge of security who were involved with the assaults on the students. 

"The York Federation of Students is committed to protecting the right and ensuring the safety of students on campus," said Mason. "The heavy-handed approach of the administration is in keeping with York University's practice of containing free speech as students' rights to organize and students' access to space on campus."
Nancy White reiterates that the University has a policy that completely supports all forms of freedom of expression within the law but that there are also policies that prohibit the interference of students and groups with the academic operations of the University.

"York students should be very proud of the fact that they care about issues and that they're engaged in important issues affecting the world and we know that this is a source of pride for the York community," says White.