top of page
  • Victor Coscarella

A Tale of Two BBQs

Have you ever heard the saying a rule for thee but not for me?


Well that's exactly what we're seeing from the Toronto Police Service (TPS) and the province these days. As someone who has witnessed this double standard firsthand, I am not only dismayed at the unlawful mandates set forth in the Reopening Ontario Act but I am even more disgraced at the duplicity of the TPS in their enforcement of these orders. Be prepared to laugh because you just can't make this shit up...



Freedom BBQ

On Thursday December 10th we hosted a charity event dubbed the "Freedom BBQ" out front of Adamson Barbecue to show our support for Adam Skelly after what transpired just a few weeks earlier. More importantly, we were there to show support for all restaurant owners who have been deeply burdened by these nonsensical government lockdowns that have forced so many local businesses to go bankrupt.



As always, our BBQ was going off without a hitch. We fired up the grill, served some free food and enjoyed a peaceful hour together before the TPS made their inevitable arrival. I say inevitable because the TPS showed up to our last two events, even going so far as to shut down Queen Elizabeth Blvd in response to one of our friendly outdoor BBQs.


But today was different. On this day we were approached by three officers, led by Constable Julie-Anne Walker. Const. Walker approached our group and instructed us that we were not allowed to host our BBQ and that it had to be shut down. Const. Walker took me aside and instructed me that I would be charged under the Highway Traffic Act because "there's a risk that more people will come". Myself and others immediately challenged Officer Walker and pointed out that this is a clear violation of our Charter rights. Officer Walker walked away to collect herself and devise a new plan. Strike #1.


After making several phone calls to her superiors, Officer Walker approached me again to instruct me that we were not breaking any laws under the Highway Traffic Act. Phew! But she then went on to threaten me with a charge under the Reopening Ontario Act for hosting a gathering of more than 10 people outdoors. Watch what transpired (it's tough to hear - transcript below):



 

Const. Walker: At this point, if this gets any bigger - If it goes over 10 - you will be charged under the Reopening Ontario Act. OK?


[She goes on to reassure me that we are not breaking any traffic laws and that we are in fact being respectful of the road.]


Const. Walker: So what I’m going to suggest to you is that if it gets even close to 10, that somebody else walks away.


Me: OK. That seems a little… that’s a slippery slope.

[More inaudible banter about road safety...]


Const. Walker: If you get more than 10, you will be charged. That’s no warning. I gave you a warning. That’s my warning. So if somebody shows up, if somebody else shows up, if you want to make this work have 2 people walk away down the street, OK? And when people leave, have them come back. I don't know. Whatever you want to do to make it just 10 people. I'm not going to give you much more suggestions than that. But if go over 10, you get charged, that's it.

Me: It’s kind of a funny thing to even suggest. It’s like a lot of the rules, it’s funny how they are kind of contradictory. But either way, all I’m going to say is that, as you know, we started the conversation talking about the Charter. You recognize that if you try to shut this down or give me a ticket, either of those 2 things are going to be violating Section 2 and Section 7, OK? And I just want to make sure that you’re aware of that.

Const. Walker: I’m just saying that you need to recognize that there’s an order in place about outdoor gatherings, OK?

Me: That’s why the Charter exists… because it keeps our laws that government officials create, it keeps them in check because they can’t go over certain boundaries, and this would be a boundary, for example. Peaceful protests, peaceful gatherings, are completely allowed - I know that, you know that. And if you were to give me the ticket or shut it down, then absolutely you would understand how I would of course have to take that to court, and I would take that to court with the full intention that it’s going to get struck down.


Const. Walker: It’s also one of your rights. So… and that’s OK. I’m just telling you where we stand, OK? This is the police’s stance on this and this is what’s going to happen. You have over 10 and get charged. [inaudible].


Me: OK. So I acknowledge that. And I just wanted you to acknowledge that you are violating Section 2 and Section 7 when you give me a ticket.


Const. Walker: I am not acknowledging that. I don’t need to acknowledge that.

Me: You don’t want to acknowledge that? Actually, there’s also Section 12 which is giving fines for things that are not actually causing any calculated risk or damage.

Const. Walker: I don’t really want to get into the whole Constitution. OK? I’m just letting you know where we stand, OK? [walks away]


 

As you can see in this clip, Officer Walker refuses to admit that she would be violating the Charter and eventually gets so flustered that she storms off in the middle of a calm, civil conversation. Strike #2.


Just 30 minutes later while casually listening to Steely Dan's Do It Again, we get another visit from yet another officer. This time around it's Sergeant Stephen Laramy who comes back to do it again...



 

Sgt. Laramy: So that being said, if you do get charged, you’ll have to shut it down. OK? Because obviously if you’re not able to keep the numbers down under 10. If more than 10 come then you’re getting shut down.


Me: I understand, ya. So.. I didn’t get a clear answer before and I just wanted to reiterate. So, you guys are fully aware that you would be, in doing so, you would be infringing on Section 2, Section 7 and Section 12 of the Charter. And I just want to you to be aware and I wanted to get acknowledgement from you guys because I know that officers have an oath, and in the very first sentence of that oath, you say you’re going to uphold the Constitution which includes the Charter.


Sgt. Laramy: Absolutely. And you realize there’s a stipulation under the Charter that says that we can break any one of those under circumstances.


Me: Circumstances such as?


Sgt. Laramy: Such as a pandemic.


John Hurley (Videographer): We have no rights under a pandemic, is that what you’re saying?


 

You guessed it... Strike #3 and you're out Sgt. Laramy!


This interaction gives us a unique look into the mind of a typical Toronto police officer. Sgt. Laramy makes it abundantly clear that he believes our Charter Rights can be infringed upon by the police because of a "pandemic". Perhaps I should have given him this document so he can brush up on his Canadian Constitutional Law.


In any case, we eventually surpassed the 10 person limit and no tickets were handed out. The police decided to spend the next couple of hours chaperoning our event - and wasting our tax dollars - until the last sausage was served. Talk about a nanny state.


Moral of the story?

  1. Knowledge is power. Make sure you know your rights.

  2. Be confident. Make it clear that you will take the officer to court for human rights violations and they may be inclined to leave you alone.

Truthfully, the real moral of the story has yet to be told. As you'll see from our second tale, the TPS doesn't follow by the same rules as the rest of the public.



Toronto Police Food Truck Event

On Wednesday December 23rd the 43 Division of the Toronto Police Service hosted an outdoor gathering to provide hot meals and toys to the community of Danzig, Scarborough. They parked a van on the road and set up a serving tent offering pre-packed meals from Affy's Premium Grill.


Attendees stood around the tent with most people standing in groups and not abiding by social distancing rules. From a video recording of the event by John Hurley, there appears to be more than 38 people at this outdoor event even though Scarborough is in the "grey" zone, which prohibits outdoor gatherings of more than 10.


It must feel like a real catch-22 for residents of Danzig. The province has ordered residents to stay home and not attend any outdoor gatherings exceeding 10 people, yet the police are inviting everyone out to attend a large outdoor gathering which is in violation of the Reopening Ontario Act. Remember, this is the same Act that the officers threatened to charge me under for hosting a Freedom BBQ just 13 days earlier.


And if residents weren't confused enough, could you imagine if your city councillor was also giving you mixed messages? On November 29th, Danzig's Councillor (Ward 25) Jennifer McKelvie tweeted out the following message to her constituents:


The @CityofToronto has created a guide to outline the "Dos and Don'ts" of the current Grey Category in the Province's COVID-19 framework. Visit: https://toronto.ca/home/covid-19/covid-19-reopening-recovery-rebuild/covid-19-guide-for-toronto-residents/

As you would expect, this grey-zone guide explicitly states:"don't hold or attend outdoor organized public events or outdoor social gatherings of more than 10 people."


In a complete about-face, Councillor McKelvie defied her own advice by attending the TPS Food Truck Event on Wednesday.


In addition to having officers promote the event beforehand on Twitter, one of the co-organizers grabbed the mic and continued promoting the event. As you'll see in this clip, he goes on to ask attendees multiple times to invite their friends even though they were already well beyond the 10-person limit:



Make sure that you get a meal. If somebody is not here and you know they need a meal, tell them to come out.
So we want to encourage people to come out. If not, we’ll have to start doing door-to-door delivery.
And like I said, invite your neighbours to come out.

To quickly recap, let's unpack this early Christmas gift one more time:

  • The Toronto Police promoted and organized an outdoor event that hosted at least 38 guests at one time, nearly 4x the legal limit as set forth in the Reopening Ontario Act.

  • One of the co-organizers asked guests to invite friends and neighbours, even though the gathering was already over-capacity according to provincial law.

  • The Councillor for Danzig, Jennifer McKelvie, showed up to this unlawful outdoor event just weeks after communicating the new grey-zone restrictions to residents. These restrictions explicitly prohibit anyone from hosting or attending any outdoor event in excess of 10 people.


In Closing


Let me be clear that I am not in any way opposed to charity events like the one organized by Toronto Police. During a time like this we need community support and social events more than ever. However, it is COMPLETELY UNACCEPTABLE that the Toronto Police use the Reopening Ontario Act to harass and threaten one outdoor event, while organizing a large outdoor event that goes in direct contravention of these very same laws. This double standard is absolutely criminal and reprehensible.



*A big thank you to John Hurley for capturing all of the footage in this article*

 

UPDATE #1: I have requested a comment from Councillor Jennifer McKelvie. I will post updates below.


Hi Councillor, I am publishing an article tomorrow at 5pm in regards to the TPS 43 Division Food Truck Event on December 23. I am aware that you were at this outdoor gathering, and that it exceeded the 10 person limit as set forth by the grey-zone restrictions. In fact, there were at least 38 people present at the event at one time, far exceeding the provincial limit. I know that you are aware of these restrictions because on Nov 29 you tweeted these new rules to your constituents. I have just two questions: 1. Were you aware that you were breaking the grey-zone restrictions under the Reopening Ontario Act when you attended this outdoor gathering exceeding 10 people? 2. Do you feel that it is appropriate for the Police to organize an outdoor event exceeding 10 people, while also handing out tickets for others who try to do the same thing? Any other comments are welcome. I am just seeking an explanation that makes sense because I have been personally harassed and threatened by the Toronto Police for hosting a charity BBQ event that didn't even exceed the 10 person limit. Meanwhile, the TPS are actually organizing and hosting an outdoor event that breaks the laws they are supposed to be enforcing. I promise that I am not seeking to portray you in a negative light. I am just trying to present the facts. Merry Christmas/Happy Holidays! Best, Victor
bottom of page