A simple student protest that began in the parks is now making its way into the courts. Weekly sleepovers at Allan Gardens, aimed at raising awareness about Toronto’s homeless and housing crises, have often left members of the Allan Garden Project in court with charges laid against them. However, on Nov. 29, the tables were turned.

At a press conference in Sidney Smith, activists and project members Alex Brown, Elan Ohayon and Oriel Varga announced their lawsuit against the Metro Toronto Police and the City of Toronto.

The charges are based on the events of Oct. 21, 2000, when the three claim they were assaulted by riot squad police officers at Allan Gardens. They also say the police destroyed their video camera and stole the videotape inside.

The plaintiffs are alleging that the police violated their charter rights, specifically their right to freedom of expression, peaceful assembly and guarantee of security of person.

“We have to be clear that the police don’t have the right to harass and ticket people sleeping peacefully,” said Varga. “And they don’t have the right to harass protestors who are peacefully expressing their right to expression.”

A few U of T students started the project back in August 1999 in cooperation with the Ontario Coalition Against Poverty. Twelve charges have been laid against the members of the project since its inception for either trespassing or unlawful camping. All twelve were subsequently thrown out by the court or withdrawn by the crown. The plaintiffs are hoping that their lawsuit against the police and against the city will be more successful.

“The lawsuit is intended to further two rights: the right to housing, and the right to protest against governmental failure to provide affordable housing,” said lawyer Peter Rosenthal, who is representing the plaintiffs. “We hope that the case will result in a clear court ruling that it was the police, not the protestors, who behaved unlawfully…Such a ruling might be useful in restraining police interference with other demonstrations in future.”

Varga expressed her interpretation of the legal battle: “We’re establishing our rights. The charter looks great on paper but it shouldn’t just be on paper, but in form.”

Rosenthal, who has represented the group throughout its many ordeals with the law enforcement, stressed the purpose of protest. “The Friday night sleepovers in Allen Gardens have been contributing to the movement to force the provincial and federal governments to restore housing programs.”

Confident in the merit and the grounds on which their case will be argued, Rosenthal said, “I think we have an excellent chance of winning most aspects of the claim.”

Should the claim result in any monetary gain, Varga said “it will go to fighting homelessness and for housing and any future legal cases.”

Meanwhile, the Toronto Police are leaving this issue to the lawyers. “We don’t talk about lawsuits,” said Sgt. Robb Knapper.