MEDIA RELEASE: The Crown appeals the acquittal of the S-CAP 11

For Immediate Release: November 25, 2013
        
        For Further Information Contact:  The Sudbury Coalition Against Poverty (S-CAP) at 249-878-7227 or Gary Kinsman at 705-523-2205 or 705-618-6877 (no messages).
        
        The Crown appeals the acquittal of the S-CAP 11; S-CAP criticizes this campaign of harassment against anti-poverty activists and this continuing waste of money, time and resources.  
        
        On Thursday members of the S-CAP 11 started to receive from the Greater Sudbury Police Service a Notice of Appeal from the Crown of their acquittals in the recent Provincial Offences court proceedings which led to all of the S-CAP 11 being acquitted of trespassing charges. The trespassing changes were laid on Nov. 9th 2012 for converting the waiting room of Liberal MPP Bartolucci (he was then also a cabinet minister) into a mock emergency homeless shelter to dramatize what the cut to the important Community Start Up and Maintenance Benefit (CSUMB) would lead to for people living in poverty. This action was undertaken after Bartolucci had refused to respond to repeated requests from the Sudbury Coalition Against Poverty (S-CAP) to discuss this important matter. The CSUMB was the program that allowed people on social assistance to move, to get necessary household items and appliances, to prevent themselves from becoming homeless, and to flee from abuse and violence. It has been replaced by the less-funded municipally administered Community Homelessness Prevention Initiative (CHPI) program.
        
        On October 31st Justice of the Peace Diane Lafleur dropped the charges against four of the S-CAP 11, due to lack of evidence and in her determination the inability of the Crown to establish its case and on Nov. 12th she did this for the seven remaining members of the S-CAP 11.  This was an important victory for S-CAP and for people wishing to raise their concerns with non-responsive politicians. It suggested that if you had an important issue and a politician ignored responding to your concerns that you had the right to engage in more dramatic forms of protest, including in their waiting rooms, to get them to respond to the concerns of the people they are supposed to represent.
        
        “By serving this Notice of Appeal the Crown is signalling its intension to continue to drag anti-poverty activists through the courts. To members of S-CAP this certainly feels like a campaign of harassment and persecution against our members and supporters. The Crown was unable to secure any convictions in the first trial and is now therefore trying to accomplish this through a second one. This is also continuing the major waste of time, energy and resources that started with the major police mobilization on Nov. 9th, 2012 against anti-poverty activists in Bartolucci’s waiting room. This wasting of resources has continued through the almost two and half days of court time devoted to this matter so far. There should be far more important social priorities than going after anti-poverty activists for a relatively minor offence like that of fighting poverty itself. This is also continuing to drain the energy and time of members of S-CAP who have far more urgent activities to engage in supporting people who are living in poverty and the homeless and in ensuring that the City provides CSUMB rates and policies for the municipally controlled replacement Community Homelessness  Prevention Initiative (CHPI) program” said Gary Kinsman a member of S-CAP and the S-CAP 11.  
        
        The Notice of Appeal now goes to Provincial Court to see if it has merit. If it is decided that there are grounds for appeal a new trial will be ordered in Provincial Offences Court.
        
        Contact:  The Sudbury Coalition Against Poverty (S-CAP) at 249-878-7227 or Gary Kinsman at 705-523-2205 or 705-618-6877 (no messages).