Sunday, February 28, 2010

 

CANADIAN LABOUR SUDBURY:
VALE INCO LAUNCHES LAWSUIT AGAINST STEELWORKERS:
The latest news on the strike against Vale Inco in Sudbury is that the company has launched a lawsuit against the union (Local 6500 of the United Steel Workers) over various incidents during the course of the seven months of the strike against the company. Legally speaking I doubt that the company has a leg to stand upon as it would be difficult to impossible to prove that the union even encouraged, let alone planned any of the incidents mentioned. Still, I guess that it is good harassment tactics for the company to set such proceedings in motion. One thing has to be said, however. Whatever the truth of the company's allegations and given the fact that the union, nor Mollymew for that matter, certainly doesn't condone them they do fall under the heading of "direct action". They are carried out by the people involved in a dispute themselves. They also have the character of aiming towards a goal that is defined and achievable to which the actions may contribute. In this they are a totally different thing from the 'anarchist rent-a-riot' that travels around to communities not their own to inevitably run like scared rabbits from the police after doing minor vandalism and whose "goals", if they are articulated at all, are so vague and utopian that they won't be fulfilled before the second coming of Jesus.
Ok, enough sideways swipes. here's the story from CTV.
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Vale Inco sues striking Ontario union
The Canadian Press
SUDBURY, Ont. — Striking union members in Sudbury, Ont., have engaged in "unlawful thuggery" by threatening personnel during a bitter seven-month strike at Vale Inco, the company alleges in a lawsuit.

United Steelworkers Local 6500 and some of its members have posted personal information about people who are continuing to work during the strike, which has led to intimidation, threats and an assault, the mining giant alleges in its more than $1-million lawsuit.

"This has not been a peaceful strike," the company writes in a statement of claim, filed in Superior Court in Sudbury.

"Masked picketers have engaged in criminal conduct, including an assault of a Vale Inco employee and the sabotage of Vale Inco property."

People on the picket lines have set large fires so trucks carrying explosives and fuel can't cross, hydro wires have been cut, rail equipment has been damaged and roads have been littered with nail spikes to puncture truck tires, the statement of claim alleges.

The allegations have not been proven in court.

"The defendants' conduct is unlawful thuggery, which has nothing to do with legitimate trade union activity," the lawsuit says. "This conduct should not be tolerated in a liberal and civilized society."

Wayne Fraser, a director for the union in Ontario and the Atlantic provinces, called the lawsuit an "antagonistic measure."

"It's a nuisance," said Fraser, who is not one of the 25 people directly named in the suit.

"(The allegations) are not true. They're unsubstantiated and it's just a way of Vale trying to divide the membership from its rank and file activists."

A statement of defence has not yet been filed but is in the works, said Fraser, who also said the union plans to countersue the company for defamation.

The lawsuit comes as the two sides met with a mediator over the weekend for exploratory talks in a bid to find a way to ending a seven-month-old strike. The two sides have not formally met since the strike started.

More than 3,000 employees at Vale's mill, smelter, refinery and six nickel mines in the Sudbury area have been on strike for seven months.

At issue are proposals by Vale Inco to reduce a bonus tied to the price of nickel and to exempt new employees from its defined-benefit pension plan, moving them instead to a defined-contribution plan.

Workers complain they shouldn't have to give concessions to a company whose parent, Brazil-based Vale S.A., earned US $5.35 billion in 2009.

The people named in the lawsuit have been targeting Vale employees who have returned to work during the strike, as well as contractors and personnel responsible for picket line security, the company alleges.

Pictures and personal information such as addresses and phone numbers have been posted on a union website and a Facebook page.

Those singled out have had their property and homes vandalized, received anonymous phone threats at home and one employee was assaulted while jogging, the statement of claim says.

Three people named in the lawsuit were criminally charged in that attack.

After that particular assault an altered picture of the man was posted on the Facebook site showing him with scars, a throwing star embedded in his torso, other "cutting weapons" in his torso and arms and his throat slit, as well as the words "Who's Next" on his shirt, according to the lawsuit.

While he was at work one day the same man's vehicle was vandalized, with his tires slashed and the word scab spray-painted about 12 times on his car. Union placards were found on and around the car, the company alleges.

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# posted by mollymew @ 12:46 PM 0 comments

Sunday, October 18, 2009

 

ABORIGINAL AFFAIRS:
CHARGES AGAINST ROBERTA KEESICK DROPPED:
It's a good news day today. Charges against Anishinabek activist Roberta Keesick for (I shit you not) an Indian building an Indian cabin on Indian land have been dropped. probably because carrying on with the case would involve an eventual Charter challenge. Rather than risk that and seeing the regulations of the Province of Ontario dissolve in smoke the prosecution has decided to drop the charges. Here's the announcement sent to the Roberta Keesick Facebook support group.
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All charges on Roberta Keesick for building a log cabin without a permit have been dropped:
Official Announcement: All charges on Roberta Keesick for building a log cabin without a permit have been dropped.

Therefore, there will be no trial in Red Lake, Ontario Oct 20-23/09!!!!!!!

We would like say thank you to everyone for their positive support and prayers for this case. Many people sent emails, sent prayers, put tobacco down and cared about Roberta and this case.

Roberta said she is very happy that the charges have been dropped, but is sad that it put her 5 years back in building her log cabin until the trial was done. She had to travel to Red Lake, Ontario for 2 years (5 hour drives from Grassy Narrows) only to get her case remanded after a 5 minute session with the judge. Roberta had a lot of perseverance and always prayed for a good lawyer and she found one.

Roberta said she believes that now any anishinabe can build a log cabin in the forest unhindered by the govt.

There were supporters in Winnipeg that set up an evening fundraiser for her legal cost during the winter and many people were involved and worked hard.

Roberta also said she hope that more anishinabek will go back into the forest and utilize the land as our ancestors have and train our children, grandchildren how to survive in there.
Thanks to everyone for their support.
Gitchi Meegwetch!!!!!

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# posted by mollymew @ 12:58 PM 0 comments

Tuesday, October 13, 2009

 

CANADIAN LABOUR-OTTAWA:
THE OTTAWA PANHANDLERS' UNION:
The following is originally from the Ottawa IWW. It comes Molly's way via our local Winnipeg Wobbly Blog. Down Ottawa way, in response to the usual legal harassment, people have formed the 'Ottawa Panhandlers' Union', and the local branch of the IWW is supporting their efforts.
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Please donate to the legal defense of the Ottawa Panhandlers Union:‏

The IWW’s General Defense Committee Local 6 is calling on all GDC and IWW members to pass the hat at meetings and in their community to help us raise CDN $1,500 (US$1,300) to pay for the legal defense of Fellow Worker Andrew Nellis, an organizer of the Ottawa Panhandlers Union. We want to reach this target by November 30.

FW Nellis won the immediate court battle when the City of Ottawa prosecutors dropped the charges against him. They decided to do so when faced with his lawyer’s groundwork for a constitutional challenge to the city’s removal of shelter from the homeless in one of Canada’s coldest cities. FW Nellis had tried to cut a padlocked gate on a fence that was put up to prevent the homeless from sleeping under a downtown underpass as part of May Day 2008 organizing.

To date, Local 6 has raised one-fifth of the funds needed to pay Andrew’s legal bills, so we have about CDN $1,200 to go. Andrew cannot work and is fighting the city for access to disability funding, so he cannot pay these bills on his own. So that is where our funding appeal for donations of all sizes (from $5 to $20 or more) comes in to support his outstanding organizing work and to settle accounts with the lawyer so that he, too, can engage in future defense work.

Please donate now through www.paypal.com by sending your personal gift to gdc6@ottawaiww.org or visit our web page http://ottawaiww.org/?page_id=254 to donate using the Paypal button.

Alternately, please send cheques or money orders in any currency directed to “General Defense Committee”, at PO Box 52003, 298 Dalhousie St., Ottawa, Ontario K1N 1S0.

All donations that exceed our target will be used to establish a dedicated defense fund for the Ottawa Panhandlers’ Union, which is on the frontline of defending the poor and working class in Ottawa and facing weekly police harassment and intimidation for doing it.
In defense of our class,
Peter Moore
Secretary-Treasurer
General Defense Committee Local 6
Industrial Workers of the World (IWW)
http://ottawaiww.org/?page_id=254

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# posted by mollymew @ 6:05 PM 0 comments

Saturday, October 10, 2009

 

CANADIAN LABOUR MONTRÉAL:
THE RIGHT TO DEMONSTRATE:
The following brief notice is from the Canadian Union of Public Employees (CUPE). The Supreme Court has decided to reject an appeal from various motorists who claimed damages because they were "inconvenienced" by a demonstration of City of Montréal blue collar workers back in 2003. It's nice to know that we do indeed still have the right to demonstrate in Canada. it's sad, however, that this took six years of expensive litigation to prove.
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Supreme Court upholds the right to demonstrate:
 October 9, 2009 08:56 AM
Yesterday, the highest court in the land refused to hear appeals from citizens demanding compensation for inconvenience suffered during a demonstration by Montreal blue-collar workers in September 2003.
Initially, the Superior Court had ordered the blue-collar workers to pay a fine of $25 to $35 to 435 people; but subsequently, the Court of Appeal had concluded that the right to travel by car without suffering undue delay does not fall under the Charter of Rights.
The president of the Montreal blue-collar workers’ union (CUPE 301), Michel Parent, welcomed the news. "This Court decision enshrines our right to demonstrate," he said.

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# posted by mollymew @ 3:10 PM 0 comments

Tuesday, September 22, 2009

 

CANADIAN LABOUR-ONTARIO/NEWFOUNDLAND:
COMPANY GOES TO LAW IN VALE INCO STRIKE:
It seems like the efforts of strikers to prevent Vale Inco's plans to restart production are having an unsettling effect of the company. At the very least they have made management sit up and take notice. Now, like a scene from 'The Empire Strikes back', Vale Inco is applying for an injunction against members of the United Steelworkers who have prevented shipments of scab ore from reaching company premises (see earlier on this blog). Here's the story from the pages of the Sudbury Star. Stay tuned to the strike support site Fair Deal Now for the latest information on the strike.
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Picketers facing company injunction:
Posted By CAROL MULLIGAN, THE SUDBURY STAR
Striking Steelworkers were ramping up the action at two Vale Inco Ltd. picket lines Monday, as they waited for a Sudbury court judge to hear an injunction Tuesday filed by the mining company against several of their members.





USW Local 6500 picketers at the entrance to Clarabelle Mill and Coleman Mine in Levack warned tempers could flare if a judge agrees with Vale Inco that dozens of strikers have been violating protocol by stopping trucks owned by the Day Group.





Thursday, strikers at Frood- Stobie Mine delayed four ore-filled trucks leaving Frood- Stobie Mine. When the Day drivers arrived at nearby Clarabelle Mill, strikers refused to allow them to deliver their payload. They let the drivers go home, but the trucks have been sidelined ever since.




Vale Inco served summonses against 40 or 50 strikers last week for preventing the delivery of the stockpiled ore from Frood-Stobie.



But the union charges it is Vale Inco violating protocol because the Day trucks were there for a different purpose than was outlined when the protocol was struck early in the strike that began July 13.




Then, Vale Inco indicated people travelling in and out of its Sudbury operations would be involved in care and maintenance and capital projects, said Local 6500 president John Fera.



The situation has changed since Vale Inco announced its intention to resume partial production by mining ore at Garson Ramp and Coleman Mine and shipping it to Clarabelle Mill, said Fera.




The company is also objecting to Coleman Mine picketers delaying vehicles for 15 minutes each, as management, staff and other employees try to get into the mine in the morning to get the operation ready to resume production.




The actions Monday occurred at the start of the 11th week of the strike by more than 3,050 production and maintenance workers in Sudbury.




Serge Savard, a development miner at Coleman, said cars were lined up as far away as the dairy bar in Levack when he arrived for picket duty Monday about 6:30 a. m.




He and fellow picketers held up motorists for 15 minutes each, maintaining it is allowed in their protocol. It was 1 p. m. before the last of the workers were allowed into the operation, he said.



Mike Prevost, a shaft leader at Levack, said most people were cordial. Many stopped their vehicles, put them in park and talked to strikers for 15 or 20 minutes.




"We didn't have to do a thing" to detain them, said Prevost.




Rick Rouleau, a raisebore operator at Creighton Mine, picketed Monday at Coleman because he lives in Levack. He said strikers turned away a full-sized van that did not have side windows because that violates the picket protocol. Vehicles with smoked windows are also not permitted to cross because picketers can't see what is inside them, he said.




"They tell us to look in," said Rouleau, "but I'm not going to look inside and have something fall on my foot or who knows? I don't trust them."




Prevost said Coleman picketers have been slowing vehicles since Thursday. "They broke the injunction, not us," he said of Vale Inco. "We're not going to resort to violence. This is the best way to keep them and this way here, we're trying to get our point across."




Savard said he and his colleagues were warning people on their way into the mine that the work they are being trained for is dangerous.


"There are lots of air blasts," also known as rockbursts, said Savard. Experienced miners know how to "de-stress" the pressure that builds up in rock.




Striker Morley Whitmore said experienced miners "have a sense when it's going to happen. We see the signs."



Whitmore wasn't reassured by what he heard Monday from people trying to get to work at Coleman. Some are office workers, surveyors and engineers training to be hard-rock miners.




"They're telling us what they're doing. Some of them have no (production) experience at all," he said. Whitmore runs a jumbo drill at Frood- Stobie Mine and lives in Levack.




He and the other strikers on picket duty Monday were outraged Vale Inco has begun moving ore from Frood-Stobie to the Clarabelle Mill by train.


Vale Inco spokesman Steve Ball denied that was happening Friday, but later said he was mistaken and one train-load of ore was delivered to the mill. At least one more train travelled from Frood-Stobie to Clarabelle on Monday, said Ball.




Strikers were fuming about that. Those at Clarabelle did not wish to give their names, saying they feared retribution from Vale Inco. But Whitmore and Prevost lashed out at Vale Inco for using people other than 6500 members to load and run the trains because it is their job to do it.




While Prevost wasn't advocating violence at the picket line, he said he was prepared to go to jail for his beliefs.



"I got things I want to do. I want to go to work, too. We were nice at the (bargaining) table. They want to play dirty ball? If the courts turn around and say they favour the company, I'm still out of a job right now. At this point, as far as I'm concerned, whatever happens, happens. If I go to jail, so be it."




Prevost said he would like to see politicians join strikers on the picket line.




"If we're here and we decide to stop anything ... and cops show up and we have a politician with us, I want to see him, I'd like to see that with the cameras and you guys here, seeing that guy get handcuffed with the rest of us going to jail," he said. (Now THAT I must say is a wonderful idea, but don't hold your breath waiting for it-Molly )




Ball said Vale Inco is going to court because it believes "blockading the plants" is against picket-line protocol. So is the length of time vehicles are being delayed.




The company has rights under the protocol to access and exit its plants, he said.
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Meanwhile, out on the East Coast vale Inco is also moving in court against the USW. The following from The Telegram in Saint John's tells how Vale is trying, albeit with improper procedure, to penalize the union over the fact that some of its members walked out of non-striking workplaces last August 28 to protest bad food (see previous item on this blog).
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Vale Inco sues over union 'interference':
MOIRA BAIRD The Telegram
The labour battle between striking Voisey's Bay workers and their employer is headed for the courts.




Vale Inco Newfoundland and Labrador is suing the United Steel Workers Union (USW) and its Local 9508, for "economic interference" with its contractors during the ongoing strike at Voisey's Bay.




Local 9508 members have been on strike at Voisey's Bay since Aug. 1 - shutting down nickel mining and milling operations in Labrador.




The lawsuit stems from the Aug. 28 walkout at the mine site by contract employees who cited concerns about equipment safety and bad food at Voisey's Bay.




Vale Inco says the "underlying intent was to exert economic pressure" on the company, according to a statement of claim filed earlier this month in Newfoundland and Labrador Supreme Court.




It claims the refusal to work was not based on reasonable grounds as required under the Occupational Health and Safety Act.




Vale Inco is seeking damages from the USW, though it did not specify a dollar amount.( Which might be difficult as they probably didn't lose a red cent over the affair. All that was hurt was managers' pride-Molly )




Among the damages sought: payments to contractors whose employees are non-striking members of the USW and who "improperly refused to work" last month; damage to Vale Inco's reputation( reputation ???-Molly ); loss of goodwill; exemplary damages, costs and any other relief the court deems just.




The United Steel Workers - which was served Sept. 8 - has yet to file a statement of defence.



Instead, the USW has asked the court to set aside Vale Inco's statement of claim.




In an application filed Sept. 18, the union argues the Supreme Court does not have jurisdiction to decide whether or not employees were engaged in an unlawful strike.




That task, the union says, falls to the Labour Relations Board, and it notes the company has yet to file an application there.




A hearing on the USW's application is scheduled for late November in Supreme Court.




In its statement of claim, Vale Inco alleges the union interfered with its contracts with the companies that provide maintenance, logistical, catering, housekeeping and security services at Voisey's Bay.




Those employees are non-striking members of the USW.Employees of two of those contractors, Torngait Services Inc. (TSI) and Ushitau Maintenance Ltd., walked off the job Aug. 28.




According to the Vale Inco statement of claim, some of the reasons for the walkout included:equipment safety concerns following the discovery of a cut brake line in a truck (an incident which is under investigation by the RCMP);food-safety concerns following the discovery of an out-of-date fruit cup; threats by a replacement catering worker that he was going to "pee in the soup. (Ahh, it was bit more than that- see previous item on this blog-Molly )




"Vale Inco contends the union "actively coached and directed" its non-striking members to raise these health and safety concerns so contractors would be unable to provide services, according to the court documents.




As a result, Vale Inco says it experienced "loss, expense and inconvenience in its contractual relations" with other companies.




The nickel miner also says it was slandered and defamed by the USW's staff representative, Boyd Bussey, in media reports that the food served to Voisey's Bay workers was unacceptable.




The company has also applied to the court for a preservation order for all the union's electronic records.




If granted, it would require the USW to immediately preserve e-mails, text messages and PIN messages, along with electronic storage media, such as servers, that may contain information related to Vale Inco's lawsuit.




In its application, the company said those records "may be at risk of inadvertent destruction, corruption or modification" as a result of the union's "standard operating information technology protocols.( I wonder what 'protocols' the company uses- Molly )




"A hearing on Vale Inco's application is scheduled for Friday.




Vale Inco Newfoundland and Labrador had no comment on the ongoing lawsuit Monday.




The United Steel Workers, Local 9508, also had no comment on the lawsuit Monday.
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What can be gleaned from all this legal flim flam ? One thing to note is that, at least, the company's pride seems to have been hurt. They obviously are dead set at winning totally, and nothing else will content them at this time. In other words the tactics have been effective, or the company wouldn't be going through the trouble to go to law.




Another thing to note is that, yes it is obvious, the courts are very much on the side of business in labour disputes. That should hardly come as a surprise. Even if the grounds of a suit are frivilous a corporation can strike out at its workers via legal manouevres that end up costing the workers' unions a significant amount of money just to defend themselves. this is one of the ways that large corporations, in general, defend themselves-or rather "attack"- against not just employees but also the general public. It's a weapon, and when courts are slow and expensive it's a weapon which gives the advantage to the larger opponent.
One other thing, however, should be noted. Legal injunctions preventing workers from barring scabs from a worksite would be non-starters in a society in which it was deemed that workers had 'property rights' in their jobs. I've mentioned this concept before in connection with this same strike. Similarily, in a society where cooperative action on the part of one group in order to help another was considered a cardinal virtue rather than a "violation of contract" lawsuits such as that being attempted in Newfoundland would also be a non-starter. While the courts will probably always be at least somewhat biased towards the upper classes they are, at least, minimally responsive to public opinion. If said opinion changes then it becomes harder and harder for them to step too far in the direction of their friends. This sort of change in public opinion is the long term goal of a libertarian socialist/anarchist organization. It will not be undertaken by a conventional political party, no matter how well intentioned. Such parties inevitably become corrupted the closer they come to power. As regular readers of this blog know I have always been supportive of anarchist organization, and the legitimate task of such organization is long term attempts to influence ordinary people in a consistant (unlike some so-called socialist parties who tack on libertarian rhetoric to bureaucratic empire building) libertarian direction. Without such long term efforts each strike, each struggle becomes an isolated island in a sea of class rule, and no flashy shows of militance will change that.

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# posted by mollymew @ 8:36 PM 0 comments

Thursday, July 30, 2009

 


CANADIAN LABOUR:

NO SMILIES ALLOWED:

This is the sort of lawsuit that springs either from malignant optimism or, more likely, a simple desire to use the courts as an instrument of harassment. Either that or it was thought up at a "too many martinis lunch by Walmart's lawyers. For some time the United Food and Commercial Workers Canada have had a website Walmart Workers Canada. To say the least the site is critical of Wal-Mart. The Big W, rather than answering the criticisms, or perish forbid actually make their workers' lives better and allowing them to unionize is trying to kill the union's freedom of speech by using the courts. What they want to censor will astonish you. Personally I hope against hope that the judge levies all costs against the plaintiff in this obviously vexatious lawsuit. Here's the story from the Wake Up Walmart site.
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Stop Walmart's War on Free Speech:‏
 Remember when Walmart tried to restrict usage of the ubiquitous yellow smiley face? Well, the company's legal team is it again.

Walmart has filed an injunction against a website critical of its Canadian business practices, and their "legal basis" will outrage you. Walmart wants to stop WalmartWorkersCanada.ca from using the word "Wal-Mart" either "alone or with other words... in a color scheme of blue, white and gold." Even more ridiculous, the company wants to restrict the usage of circular shapes on the group's website!

If Walmart has its way, "an oval, circular or semi-circular design" will be off limits to groups critical of its business practices. We're sure you agree--this is simply too bizarre for words.
You can take a stand against Walmart's censorship threat. It takes just a few seconds to put the pressure on Walmart to respect freedom of expression.
Tell Walmart to respect free speech: sign our petition today

If we let Walmart set the standard for free speech online, there is no telling where the company's absurd demands will end. Can you imagine a world where Walmart has exclusive rights to blue, white, gold, and abstract geometrical shapes? Rest assured that Walmart can.

Please take a moment to show your solidarity for the activists at WalmartWorkersCanada.ca. Sign our petition today, and don't forget to show your support online by hosting a banner on Facebook, MySpace, or your blog.
Help stop Walmart's war against the freedom of expression online
Thanks for all that you do,
The Team,
WakeUpWalMart.com
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Yup, that's the honest truth. Walmart would like to be able to control not just the ubiquitous smiley face but even colour schemes and geometrical shapes. There is now a Facebook group dedicated to opposing this bizarre attempt. See the Save the Circle facebook group. Yes folks the circle will become an endangered species if WalMart has its way. If you like sign the following petition against this act of corporate craziness by going to THIS LINK.
THE PETITION:
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We, the undersigned, jointly demand that Walmart adhere to the ideals of free expression.
Walmart must respect the sanctity of free speech, and must not unduly interfere with groups expressing their views with regard to Walmart, though they may be critical of Walmart's business practices.

The frivolous demands levied against WalmartWorkersCanada.ca, restricting the use of color schemes and shapes, are contrary to our most basic ideals, and must be retracted at once.
Signed,

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# posted by mollymew @ 3:23 PM 0 comments

Saturday, January 26, 2008

 

CANADIAN JUSTICE:
POLICE TETHERING OF VICTORIA TEEN WAS TORTURE, SAYS LAWYER:
Three years ago, in May 2005, Victoria teenager Willow Kinloch was testing her wings ie getting a bit drunk on a night out. She was dropped off at her home, but, having lost her keys (hic!!!), she couldn't get in. Instead of doing something sensible neighbours, when they saw her staggering about on the lawn, called the police. Thus began a night of horror for Willow. Whoo!,whoo !, whoo!, a police car showed up to arrest her and take her in. I guess it was a very slow night, but maybe every night is slow in Victoria. Here in Winnipeg the word on the street is that, if you want the cops to show up in less than four hours when somebody is attacking someone else with a knife or a bat, that you bullshit 911 and tell them that somebody has already "been hurt". If you tell the truth that the disaster hasn't happened yet they'll likely need the ambulance anyways when it does. In any case a cruiser arrived to take Willow, then 15, in.
First the cops tried to take Willow home (after, of course, a long detour down to the cop shop-too strange). The neighbour had alleged that Willow was not just drunk but had also taken ecstasy. How this can be determined by peaking through curtains I will leave up to the readers imagination. let's just say that the neighbour sleuthed out something that no trained sniffer dog could ever have done, especially from behind a crack in window curtains. When the cops returned Willow to her home she couldn't find her key (well, that was pretty obvious the first time around), and with two stand-ins fro the Incredible Hulk glaring at her she couldn't figure out how to use the buzzer to call up to her parents' apartment. You can gather that the girl was pretty well hysterical by now. Back to the cop shop where they threw will into a padded cell to sober up, a process well underway by this time.
Down at the tank Willow at first refused to get out of the cruiser car, doing the hysterical bit of course. The cops did a bit of "manual override" and hustled her into the cell (see graphic above for "the cell"). Once in the cell Willow continued with her panic, kicking the door of the room. She was,however, cooperative enough to remove both her sweater and her bra. Later a prison matron came in (a little diversion here, such people are "affectionately" known as "Big Bertha" amongst the intellectuals of the jailhouse). Further stripping was demanded. Now, at 15 years of age Willow had no clue that when Big Bertha says "get down on your knees" you do indeed get down on your knees with no complaint. In doing further stripping Willow kicked one of her shoes off against a wall of the cell. Bad move. Big Bertha went nuts, grabbed the kid by the throat and shoved her up against the wall (see the video at THIS SITE for the play-by-play). Before Big Bertha could succeed in killing the kid two male officers rushed into the cell. Between the three they easily outweighed Willow by six to one(eight to one if you consider the matron as an outstanding example of "Berthaness"). Never mind the one cop who stood by the doorway, watching the whole affair. How can you say "outnumbered" ?
The response ? Police first handcuffed Willow's hands behind her back. They then hogtied her feet and dragged the cord underneath the cell door(see above photograph from the video surveillance in the cell), trapping the teenager in helpless distress for four hours. It helps to be 15 years of age. Older people or those who are overweight subjected to such treatment might easily go into respiratory distress.
Willow, now 18, has launched a civil suit against the City of Victoria and the Victoria police claiming excessive use of force and unlawful confinement. A lawyer, Murray Mollard, from the B.C. Civil Liberties Association called the ordeal that Willow endured "almost inhumane treatment of a young girl" and "cruel and unusual punishment, really". Emphasis on the "really" ! The civil court case is due to begin in June.
God bless the age of video. In years past such things would hardly ever have come to light. In these times the police pretty well have to have everything on tape, and making the evidence "mysteriously disappear" often leads to more trouble than the incident recorded would have. Yet, just as in the case of the taser death of a Polish immigrant at Vancouver International airport last year, the existence of such tapes doesn't mean that the police will not delay release of said evidence for as long as is possible- in hopes the problem will disappear in the meantime. People do move, deaths do happen and people do give up. The taser incident took weeks for the person who videoed it to obtain the release of his film. In the case of Willow Kinloch the civil suit had been dragging on for 3 years until the police finally released the video last Tuesday.
The Victoria Police Department, by the way, is now the subject of 36 investigations into police contact. at least ten lawsuits are in the court dockets named the police as as defendants. The police chief of Victoria has been suspended due to a RCMP probe into "unknown allegations".; One can hardly imagine the situation where the police don't publicly release information on "allegations" made against ordinary members of the public. Seems like the Chief of Police has privileges the rest of us don't have. One should also note that such incidents are hardly restricted to the City of Victoria. It's just that the vast majority of them never come to light.
Just this day Molly was over visiting some folks in Winnipeg's "gandland". The conversation turned to how difficult it was to get the police to respond at the block where these people live (which has two gang houses). The block isn't actually that bad. There hasn't been a murder there for almost 7 years. One street up and a little to the east there is a block where a murder takes place pretty well every year (twice last year). The last murder on the first block, however, was a doozy. After three !!!! 911 calls to the residence the police finally !!! showed up 9 hours later to discover two women stabbed to death. The perp was actually only caught because one of his friends turned him in. The situation was quite different many years back when a policeman's mother lived on the block. Once 9 cruiser cars showed up to arrest one guy. They did it. He was handcuffed and on the ground. Then it seemed like every last cop had to have a go at beating him. It was a rather gruesome sight, and my informant went out and told the police sergeant in charge to call off his officers. When the sergeant started to give him grief he was informed in no uncertain terms that if he let it continue that his name would be on the television that night. The beating was called off, and within less than 5 minutes the arrestee was in the back of a cruiser heading for his vacation at the Crowbar Resort.
If you are interested in this sort of thing I suggest you check out the Cop Watch.Net site. This is pretty well much American only. We also have our own group here in Winnipeg, the Copwatch Winnipeg.

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# posted by mollymew @ 7:36 PM 0 comments

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