(Quebec) André Bérubé, this manifesting maple spring compensated by the City of Québec following a deemed abusive arrest by the small claims court, after the mayor Régis Labeaume to appear in municipal court this fall, to hear his intentions, “as Parliament” on Article 19.2 of the Regulation on the peace and good order.
Originally planned to be held in May, the case was postponed to Monday, October 5, due to the arrival on the record of a new prosecutor, said Mr. Sun Bérubé, exhibiting the summons filed in the office of Mayor Labeaume, May 20
The minutes of meaning, written by bailiff Pierre Michaud, indicates that the certified copy was given “a reasonable person, employee and who has custody of a business office, which is named as Claire Morneau being. ”
A spokesman of the City Monday refused to comment on the case or whether the mayor had actually received the message.
André Bérubé, who will plead his cause, along with the co-defendant Michael Dumas, also intends to introduce the evidence of a notorious spring maple protesters, Gabriel Marcoux-Chabot, aka “Banana rebel”; a senior member of the Quebec City police, Lieutenant Francis mixer; and the coordinator of the League of Rights and Freedoms, Quebec section, Sébastien Harvey.
“It may sound funny, but I will do this in a serious way,” says Mr. Bérubé, who expected that the room “is filled with sympathizers” for the occasion. “I’m trying to cook my game plan. I have all my documents. There will be surprises. People who will move will not do it for nothing. ”
The hearing of the case to be held in the municipal court, the building Andrée P. Boucher, the seat of the Borough Office Sainte-Foy-Sillery, at 8:30 am. “The judge decided to bar the day to devote himself to this cause,” he says.
In April, Mr. Bérubé had tried to hand deliver at a council meeting, a subpoena Mayor Labeaume, but had been prevented.
A regular legal challenges, André Bérubé does not see in his approach any craziness. “I have the most legitimate possible cause. If [Régis Labeaume] is able to distribute tickets, he will take the trouble to come to court to answer my questions. ”
As stated on the summons of a witness opinion (subpoena), the assigned person has a duty to appear in court. If necessary, it can be “arrested on warrant and brought before the judge.” Nobody in the Legal Affairs Department of the Municipal Court has reminded the Sun, who wanted to know more about these provisions.
The events related to the cause occurred March 7, 2013, while Mr. Bérubé to the National Assembly participated in a demonstration against rising tuition fees. The man of 46 years had received a ticket offense under section 19.2, for “having held or participated in an illegal demonstration on the public domain.”
In the complainant’s view, this provision of the municipal code “infringes his freedom of peaceful assembly and prevents de facto spontaneous event or surprise.” In the process, he will try to argue that these prohibitions are unconstitutional.
The appearance of the mayor is in a will of the complainant to know more about the reasons behind the adoption of the Regulation. “I have some questions for Mr. Labeaume about his intentions as legislators.”
In September 2014, Daniel Lavoie J. of the small claims court had sentenced the City to pay $ 4,000 to Mr. Bérubé, following an event held during the spring maple in May 2012. The complainant was arrested, handcuffed and detained for over three hours, with 83 other people. The demonstration was declared illegal, since participants had refused to provide the police route.
“The police methods used during the events were clearly a dominant effect oblique or disproportionately punish the exercise of freedom of expression in a public place in a group of peaceful demonstrators” had Then the judge wrote Lavoie.
The issuing by police of a $ 220 seven young offense for having found the park of the American-French, on the night of 6 July, André Bérubé told police that tolerance is at its lowest in the capital. “It’s fascist to Boutte. Quebec was the equivalent of a curfew, “he denounced.
The group was detained under section 19.3 prohibiting of being in a park between 23h and 5h. Again, Mr. Bérubé wonders if there is no basis for legal challenge. “Does that mean that I could get a ticket because I took a shortcut at night in a park?”
First appeals filed
The first two civil actions arising from the confrontation between police and protesters in Quebec City against the austerity policies of the Liberal government in March, before the National Assembly, were filed at the courthouse last week.
Deraspe Martine, Quebec, was injured during an altercation with police. “The police asked me in the back, without warning. I fell face first on the asphalt, “she says to the sun.
The complainant went to the Hôtel-Dieu de Québec for an injury to his eyebrow which required five stitches. Supported in his cause by André Bérubé, the young woman seeks restitution of $ 15,000 to the small claims court.
Another plaintiff, Alison Bilodeau, also appealed to the court says Bérubé. The young woman had been detained for nine hours.
“She fell KO and police put her unconscious in a truck, before transferring to an ambulance.”
A total of 274 demonstrators were arrested on 24 March and received a statement of offense under section 19.2.