A court case currently winding its way through the justice system could affect how people are allowed to protest at Queen’s Park, and students need to pay attention, says Matthew Behrens, a representative for Toronto Action for Social Change (TASC).

“I think what’s at stake is the heart of democracy, the right to protest,” said Behrens on Sunday. “Students are often at U of T to protest and security comes up and tells them to leave. I think people need to be confident of their rights.”

Behrens is one of the five activists who were arrested on Oct. 1, 1998 for throwing fake blood on the outside walls of the provincial legislature to protest cuts to welfare and battered women’s shelters. Behrens and four other protesters-mandy hiscocks (sic.), Don Johnson, Sandra Lang, and Father Robert Holmes-were indefinitely banned from the property of the legislature by then Speaker of the House Chris Stockwell.

The five were acquitted of defying that ban in January 2001, but the judge did not strike down the ban itself, which still stands. The crown, appealing that ruling now, argued in court last week that parliamentary privilege allowed speaker Stockwell to ban the five. Last Monday, the crown called Claude Leo Desrosiers, clerk of the legislative assembly, to testify.

“Parliamentary privilege are those rules that permit the assembly to conduct its business,” said Desrosiers. “Any attempt to block access of a member to the legislature, to his office, to the house…that would be a very serious blockage of parliamentary privilege.”

Desrosiers spoke about the attempt to strike a balance between allowing citizens to protest and ensuring the safety of people working at the legislature.

“There have been instances where demonstrations have prevented members from gaining access to the building,” he said. “It’s a tricky balance…It is the speaker’s responsibility to protect these people.

“If the speaker permits these actions [vandalism or trespassing] then escalation happens. The temptation is there to deface the building. The temptation is there to go beyond normal demonstrations.”

One strange aspect of the case may hinge on who, if anyone, actually owns the legislature and its grounds. Desrosiers was unaware of the actual ownership, noting “it was once owned by U of T, but I haven’t seen the actual document of ownership.” Much of the testimony centred on details about what exactly the boundaries of the Queen’s Park property are, and the chain of command in the legislative security service.

The crown concluded its case on Tuesday, while the defence continued its case to the end of the week. The appeal will conclude in March.

Knowing the case is at the five-year mark already, Behrens seems bemused.

“It seems bizarre for such a small case,” he said, adding that he is remaining confident about the case. “I think we’re making the points that need to be made.”