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OPP-Complaint-May092006

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					May 09, 2006

Ontario Civilian Commission on Police Services (OCCPS)
Public Complaints Bureau
25 Grosvenor Street
Toronto, ON, M7A 1Y6

Dear OCCPS and OPP,

This is an official complaint, as provided for by the Police Services Act, against several
members of the Ontario Provincial Police (OPP).

I allege that on November 10, 2005, several members of the OPP committed several crimes
and unnecessarily caused me a great deal of pain and distress.

This complaint is being filed at the last minute because I have tried for several months to
resolve this matter in an informal manner. The OPP have strung me along and have not yet
responded to my offer.

In my view there are very significant problems with policing in Ontario and I hope that you
(OCCPS/Chitra/Prior/Boyd) do a better job of handling this complaint that you did with the
last one. I should not have to endure gangs of police officers using fists, knees, handcuffs,
clubs, stun guns and needles. A large number of law-abiding citizens of Ontario have
received the same treatment, especially from the OPP Emergency Response Team (the
same brave bunch that showed up with heavy armament and used a high-powered sniper
rifle to shoot and kill an unarmed native because the OPP didn‟t like him standing in an
open meadow). When is somebody going to protect the unarmed citizens (and non-
citizens) of Ontario?

Members of OCCPS, you closed off my last complaint, at the end of December, probably
just to keep it from going into the third year. You were well aware that there were
substantial problems with the way that the police forces performed the investigations. Mr.
Chitra, you took a personal Oath of Office and you can be held personally accountable for
unlawful acts, such as obstructing justice. You are handling other complaints in the same
way that you handled mine and you will be held accountable. If you handle this complaint
the same way that you handled my last complaint then you can expect to see some
interesting legal action. There are a lot of citizens (and non-citizens and dual-citizens) that
are being denied fundamental justice.

The details of my complaint are attached to this letter. Including this letter there are 14
pages.

Sincerely,


E. Rocco Kwiatkowski
26 Nesbitt Street, Ottawa, ON, K2H8C6
1. Descriptions of Events

1.1 Description Of Events of November 10, 2005
On November 13, 2003 I was arrested by an allegedly impaired member of Ontario‟s elite
anti-terrorist squad. My family and I were abused and terrorized for hours. At the end of
the evening I was beaten for several minutes by six officers, one of whom repeatedly used a
steel club. My back was almost broken and I was unable to work for several weeks. A
single (ambiguous) charge of “Possession of Game Unlawfully Hunted” was laid against
me under the Fish and Game Act but the OPP deliberately destroyed the „evidence‟ and
chose not to prosecute me in court. In my opinion the police officers committed several
unlawful acts on that evening and they and other officers continued to lie and commit more
unlawful acts over the next two years.

Finally I decided to try picketing to try and pressure the police into acting on my complaint.
I was sending regular progress updates to the RCMP (Staff Sergeant Archibald) and I sent
him a letter indicating that for the second anniversary of my beating I would stage
demonstrations.

On the afternoon of October 31, 2005 I purchased a Halloween mask and wore the mask
and a tuxedo and picketed the Ottawa Police Headquarters on Elgin Street in Ottawa. I
carried a cardboard sign that said, “Bevan why are you scared? Are you a crooked cop?”
This referred to Chief Bevan‟s refusal to sign off the investigative report. As far as I can
tell the investigative report has not been signed off by a Chief or Deputy Chief, as required
by the Police Services Act, but this is still being looked into. I picketed for about two hours
during the late afternoon. Over the next week I continued my picketing on two or three
occasions, for about two or three hours each time. Cops would drive by and glare at me but
they left me alone. Once, a short, fat, bald guy in a suit came out and screamed at me. He
said that if I had any balls I would come in and talk to Bevan. I don‟t know, maybe it was
Bevan himself, in civilian costume? I dropped one hand and checked things out– I seemed
to be intact so I guess he was wrong.

On the evening of November 9th, 2005, I drove to Orillia, arriving in the early morning.
There was about half an inch of fresh show on the roads but by the time I arrived in Orillia
the snow must‟ve melted because there was just a bit under the trees. According to the
weather log from Lake Simcoe Regional Airport, it was 0 degrees at 08:00 on November
10, 2005 and with a light NW wind the wind chill was -6 degrees Celsius. The reason why
I chose November 10th, instead of the anniversary date of the 13th, is because of the better
weather that had been forecasted for the 10th. It was a grey and dreary morning so I
decided to wait until the sun came out at 11:00 and spent a couple of hours having breakfast
and doing some family shopping at the dollar store. Bought a few office supplies and some
toys for the kids.

About 10:30 I drove past the OPP headquarters a couple of times and found an unused
roadway, about 100 yards from HQ, that seemed to be used as a parking lot for college
students. There was nobody else around so, while sitting in the car, I took off my clothes
and put on a second pair of black underwear (brief‟s style) and a pair of large furry
bedroom slippers and a balaclava and the Halloween mask over top of that. And black
leather insulated (Thinsulate) gloves. The idea was to keep my head, hands and feet (and
other parts) as warm as possible. The Halloween mask was a full head and neck mask so
nobody could tell that I was wearing a balaclava. I looked undressed but actually I had a
lot of insulation in the places that mattered most.

Just before I put my head coverings on, a City of Orillia truck pulled in behind me. There
were two women in the cab and they parked there and talked to each other. I waited for 10
or 15 minutes for them to move on but I finally decided to just go ahead with it. I put the
balaclava and mask on and got out of the car, and locked the car. I also had a brown paper
envelope with about 50 sheets of papers that described why I was staging the protest (see
Appendix A) and a cardboard sign that said, “OPP Boniface – Too Weak, Too Scared”.
And on the other side, “Police Brutality – Two Years”. I did not use a picket stick. A
couple of years ago the Ottawa Police beat up a bunch of protesters and then later claimed
that the beatings were justified because the protesters had been armed - the police claimed
that the wooden pickets in the picket signs could be classified as weapons. You know how
the police like to give photo-ops where they lay out all the guns and knives that they
collected in a raid? Well the Ottawa Police actually gave a photo-op for the press where
they had a bunch of these sticks, with the signs removed, laid out on a table. Everybody
but the cops laughed. Anyhow, I had just a thin envelope full of handouts and a small
cardboard sign, with no picket stick.

To give me some time to reach the OPP headquarters I shuffled over to the Orillia truck and
told the ladies that I was doing a protest and I gave them a copy of the handout. They
seemed to take it OK. They didn‟t appear scared and they said that they would read the
handout.

The sun was just coming out. It took me a couple of minutes to shuffle along Memorial
Ave (which is also the highway to Barry). There was very light traffic, a couple of vehicles
went by and the occupants stared at me. There was no traffic to the Community College.
Once I passed the trees and came to the open area in front of the OPP HQ there was a bit of
a breeze from the north and I was worried that it could get cold so I walked all the way to
the entrance road and turned into the OPP HQ property.

The HQ is a large complex of buildings and parking lots. The main building is three stories
high and built in a bit of a horseshoe shape. In the front and center is a very large fountain.
It is basically like a small park with areas to walk around and pools and fountains in the
center and off to one side. The front of the building is all glass and inside, across the whole
front, is a large three story foyer with OPP relics such as old cars and uniformed dummies.
According to the website there is a public museum, of OPP-related memorabilia, that can
be accessed during regular business hours, without any appointment. In behind of the main
building is what appears like a large armoured compound with a large assortment of
vehicles and equipment and I think a helicopter pad. But most of the serious stuff is hidden
from the street - from the street the OPP HQ is meant to look like an open, beautiful,
friendly and public place with a grand promenade and signs advertising the museum. There
are no signs that indicate the HQ is private property or that there should be no trespassing.
The OPP like to host community events on these grounds. There is a circular driveway that
goes around the central fountain and there is also a walkway that goes around the outside of
the circular driveway. As I said before, the sun was bright, there was no snow on the
ground. The signs were easily visible and the sidewalk was clear.
I turned into the OPP HQ property and proceeded along the sidewalk in a clockwise
direction. I wanted to get closer to the building for two reasons: I would be protected from
the wind and protected by the security cameras. I was all alone, there was nobody else
outside. As I approached the nine o‟clock position of the great circle a large powerful-
looking man came out of the front door and walked towards me. He was not wearing any
uniform but I assumed that he was a cop. He came towards me and we both said „hi‟ and
he smiled and said, “Isn‟t it a bit cold for this?” He went past me and I heard a vehicle start
up behind me. About the same time a lady walked out of the front door and stood beside a
pillar. The Halloween mask had small holes and restricted my vision. The effect was more
pronounced because the balaclava was keeping the mask farther away from my eyes, in
effect forming a tunnel. As I walked along I had to turn my head to scan the front of the
building and at some point the lady disappeared. I don‟t know where she went but when I
got to a point in front of the doors she was gone. There was nobody else around.

About this time I realized that I was actually quite comfortable. The weather log of the
Lake Simcoe Regional Airport shows that at 11:00 it was now +1 degrees Celsius and there
were gusts but no wind chill. It was now above zero, sunny and an occasional light breeze.
I decided to head back out to the entrance to the property. So I followed the sidewalk all
the way around and got back to Memorial Avenue. As I was approaching the street two
uniformed OPP officers showed up. They walked up and one guy talked to me in a friendly
way. I‟ll call him StreetCopOne. I don‟t remember if the other guy said anything. I‟ll call
him StreetCopTwo. They seemed friendly enough. I explained that this was an
anniversary protest and I asked if they wanted a paper. They said yes and I gave them two
papers. Then I got a funny feeling. Something didn‟t make sense. They were just standing
there. They didn‟t seem to be interested in the paper. I decided to move on. I made a
mistake. Instead of moving back towards the security of the cameras I walked across the
street. There may have been one or two cars somewhere on the street but I looked in both
directions, saw it was clear, and walked right across. After I got to the other side I looked
around and then read the signs. This was a huge multi-acre government site, with a police
academy, bunkhouses, provincial court houses, office of the Solicitor General of Ontario,
Family Support Services and so on. A pickup-truck pulled into the driveway that was to
my immediate left, and the truck continued on for a few yards until it was half in and half
out of the government property. I don‟t remember exactly what defined the property line, I
think it was the sign and a hedge. There may also be a post. I figured that it was time to
talk so I walked up to the truck as two police officers got out. The driver walked around
the front of the truck and joined the passenger. I‟ll call the passenger AttackCopOne and
the driver AttackCopTwo. At the same time a police cruiser pulled in behind the truck and
AttackCopThree and LadyCop got out. I walked up to AttackCopOne, who was standing
beside his truck door, and asked if he would like a paper. He smiled and said, “Sure, I‟d
like a paper.” So I took my glove off my right hand and started pulling a sheet out of the
envelope. I had it about half way out when AttackCopThree came up behind me and
hollered, “Take off the mask!”. I turned to look at him and asked, “Why? Is it against the
law?” He made a weak motion to grab the top of the mask and I tilted my head back to
move it out of his reach.

From three feet away, AttackCopThree charged at me, screaming, “You‟re under arrest!!”.
One of the cops from the truck, AttackCopOne was the closest one, had crouched down and
placed his club around my shins. He pinned my legs while AttackCopThree slammed into
me and spun me and knocked me face first onto the ground. My left shoulder hit the
ground very hard and was torn open. The left side of my head also hit hard but the
balaclava and mask protected my face. For the record, I did not walk onto the government
property, we landed towards the front of the truck so at the point of landing I think that I
was now inside the property line of the government property. There is no clear
demarcation, it‟s not like I walked through a gate, and it is all lawn, the buildings are a long
ways away. The cops pushed me. And there were no people around.

AttackCopThree grabbed my right arm and started to jerk and twist it like he wanted to rip
it right out of the socket. He kept hollering, “Stop resisting!” Like hell, I wasn‟t resisting
at all. Another cop, I assume it was AttackCopTwo, grabbed my left arm and started doing
the same thing. He was also hollering that I should stop resisting. The cop that had pinned
my legs with the club was now jumping up and down on my legs, repeatedly grinding my
shins into the steel bar. It was very painful. My left shin was not damaged too much but
my right shin had a large wound from repeated crushes. And then either the bar or me was
moving slightly because there was a row of wounds moving in a line down my shin, about
half an inch apart. Nine in all. So there was at least a dozen jumps on my legs but perhaps
as many as 20. About halfway through all this, LadyCop screamed that I should stop or she
would zap me, and then she did. She reached in between the other two cops, pushed the
electric gun into my right buttock and gave me two jolts. The cop on my left arm wasn‟t as
violent and he didn‟t keep at it as long, after a dozen good twists he put my left hand behind
my back. AttackCopThree, the arresting cop, kept at it for a few more seconds and then put
my right hand behind my back. They handcuffed me and got off. I said, “What are you
guys doing? Are you crazy?” They took my mask off and ripped off the car key that I had
on an elastic band around my wrist. AttackCopThree told me to get in the car and I walked
over, by myself, and got in by myself. I don‟t know what the streetcops were doing all this
time.

AttackCopThree and some other cop got in and we drove off. AttackCopThree made a big
issue out of asking me what the white powder was. He had a whole bunch of white powder
from the rubber Halloween mask on his shoulder. The back half of the mask is a black
nylon so it would seem that AttackCopThree‟s shoulder had made a pretty solid contact
with my face. He wasn‟t that much taller than me so I can only guess that this contact was
made as we hit the ground.

AttackCopThree said that he was taking me to the mental asylum. I felt like I‟d been
kicked again. This was totally unexpected and sounded really scary. I asked if that was
really necessary. He replied, “For sure! There is something wrong with you!”

They took me to the Memorial Hospital (the cops beat me on Memorial Avenue and
refused me a lawyer in Memorial Hospital, it seems like all of Orillia wants to remember
those soldiers that died for our freedoms) and placed me in a small white room with a big
steel door, a bench-bed and a camera up in the corner. I sat on the bed. The cops and
nurses kept asking me what my name was. I told the cops to phone (OPP Superintedant)
Ken MacDonald and tell him that Rocco from Ottawa was in town. After a while a doctor
came in. His name was something like Tigchelaa. He appeared quiet and sympathetic and
sat beside me on the bed and asked if it was alright if he sat beside me. I said no. That
seemed to scare him. He got a chair and sat a few feet away.
I told the cops that I wanted to call my lawyer. They said that because I was crazy I wasn‟t
entitled to call my lawyer. I kept asking and they kept refusing. I asked the doctor if there
was a hospital lawyer that I could talk to. He said no. So I asked the doctor to make a note
on his form that I was refused access to a lawyer. The doctor wrote it on the form and
showed it to me. The cops went off to make some phone calls and I decided to cooperate
with the doctor. I answered all his questions about me and my family. Then he asked for
my home phone number so that he could call my wife. Again I felt like I‟d been kicked.
My wife didn‟t need that. I tried to talk the doctor out of calling but he was adamant. As
he was leaving he told StreetCop1 that he had my name. StreetCop1 said it was ok, they
now knew who I was. A short time later they put a plastic hospital bracelet, with my name,
date of birth, ohip number and so on, on my wrist.

I asked StreetCop1 to adjust my handcuff. The handcuff on my right wrist had been put on
at an angle across the bone and it was really hurting. He took a look and said that because
he could see air between the handcuff and my wrist it was legal and would stay as it was.
He left and closed the door. Other than this one little incident StreetCop1 struck me as a
serious and decent fellow.

Things got even better. A tall, thin, old doctor with a bit of a goatee and a white lab coat
came in. He was a mean-looking-son-of-a-bitch, like something out of a Frankenstein
movie and a nurse in a white lab coat came in with him and opened up a large kit full of
huge stainless steel needles and implements. No kidding. This wrap-up kit had numerous
pockets and they contained several pounds of implements. The doctor looked at me with a
completely serious face and said the he was going to take some blood samples. I said like
hell, you‟re not going to poke around in my body. He looked surprised and insisted that he
really needed to take blood samples and a urine sample. I said that a urine sample might be
ok but no blood samples. He kept insisting on blood and that sour-looking nurse kept
staring at me like I was an alien. I said that I needed to talk to my lawyer. Doctor
Frankenstein and Nurse Sourpuss packed up their implements and left.

The first doctor came back and said that Sandra (my wife) had independently confirmed
everything that I had said. He said that she wanted to talk to me and held the phone to my
ear. I almost cried, this was all so weird, I couldn‟t even hold the phone. I told Sandra that
I was ok and that she needed to get a lawyer because they were insisting on blood and urine
samples. I found out after that she did call the lawyer. He advised that I was under no legal
obligation to provide any samples. He advised my wife to tell me to call him. She was
never given the chance to pass on that advice.

Dr. Frankenstein and StreetCopOne came back and told me that I was not going to be
allowed to speak to my lawyer. I asked again and he said no, no lawyer. He said that as a
compromise they would settle for a urine sample. I said ok, so the cop took off the right
handcuff (the painful one, chalk up one point for the cops!!) and handed me a small bottle.
I filled it up and handed it to the doctor. The handcuff went back on, but this time it wasn‟t
across the bone.

After a while the first doctor came back and informed the cop that the urine sample was
clean and that there was absolutely nothing wrong with me and that he believed my account
of what had happened. The cop was taken aback and mumbled that, „there is two sides to
every story‟.
At this point there were only two cops. StreetCopOne and another one. They walked me
back out the police car and drove to the Orillia Police Station. They put me in the first cell.
There were two or three cells, all in a row. I was the only prisoner. They left me
handcuffed.

After a while a lady cop came in and made a note of my injuries. As if they had any choice
– the hospital had already done that. It was probably the same cop that had electrocuted
me.

After she left, a young detective came in. He was a real puppy. He asked me about a string
that I had around my neck. I said that it was a scapular and that he could go look it up on
the internet. He said, “Is that a religious thing?” I said, “Yes.” He got all excited and said,
“Let‟s talk about religion!” I said, “Let‟s not.” An older detective came in and listened for
awhile. The puppy was asking all sorts of dumb questions and when he tried to get me to
decide if I lived in Ottawa or Nepean (they amalgamated) the older detective looked like he
was going to barf. He hauled the puppy out of there.

Eventually a couple of cops came back and said that they were going to release me but first
I had to talk to a free lawyer. They took my handcuffs off and walked me down a hall and
told me to go into a little closet, standing room only, and pick up the phone. Then they
locked me in. The lawyer told me that the police would give me some papers to sign and
that I should sign them. I said that was no good, that I had done nothing unlawful and that I
wanted her to come down and get the cops to let me go. She said that she wasn‟t going to
do that and then she just listed some of the forms that I should sign.

I was taken to a small office. StreetCopOne watched and AttackCopThree (the arresting
cop) showed me the papers that I had to sign to get released. I would have rather stayed in
jail all night and talk to the judge the next morning but I was worried about my wife. She
probably thought that I was still in the mental institution. So I signed the forms. One of the
stipulations was that I “Keep peace, be of good behaviour” and the other was “Not to attend
Simcoe County except for court”. !!!!!!! The OPP are so scared of me that they barred me
from 5,000 square kilometers of Canada for an indefinite period of time. They wanted to
give me an hour to get out of the county and stay out. I said that I had to meet with a
witness that had gone back to Barrie and give him some cash for his work so they gave me
two hours.

As we were signing the papers the arresting cop kindly and carefully explained to me that
there were correct and incorrect ways to stage a protest. He said that running around in
underwear was an incorrect way. For the first time that day I felt a real chill. He wasn‟t
explaining any point of law. He wasn‟t providing a definition of obscenity. He was talking
about his opinion. This guy really believed that he had the right to attack me with weapons
and unlimited force if HE didn‟t like something. The world operated according to his
discretion. How the hell do guys like this get guns?

They gave me a plastic bag with all of my stuff and had me sign a release form saying that
it was all there. Then they pretended to not know where my car was. I told them where the
car was parked. They took me back, dropped me off and left. I got dressed and then
noticed that my wallet was in the wrong pocket. And the order of the contents had been
changed. I checked the whole car, the glove compartment and the truck. The cops had
gone through everything. And they had not tried to be subtle about it.

About 10 or 15 minutes had gone by and I was just getting the car started when the cops
came back. So I waved to them and started off for Barrie. It had been over five hours since
I started my protest. No food, no drink, no bathroom break. And I couldn‟t stop until I got
out of the county. At least I was getting warm again.

I drove to Barrie and talked to a guy. He recommended that I return to Ottawa via Orillia
and the northern route. He said that it would be almost 2 hours shorter. And he described a
route that would bypass the OPP HQ. So that‟s what I did and I got out of Simcoe County
just at dark, which was about six o‟clock.

After a couple of hours of driving (I can‟t remember the exact location but next time that I
drive to Orillia I will make a note of the spot) a vehicle pulled up right behind me and sat
on my bumper for a few minutes. Then it roared past. I saw “OPP Canine” painted on the
door of the truck. I didn‟t note the license number. About five minutes later I went through
a really tiny town and then about two minutes after that the truck roared past again. The
cops that started this whole sad affair on November 13, 2003 were OPP Canine. I figured
that I was in real trouble.

I stopped at the next Gas Station and phoned home and said I would be home around 10:00.
And I was.

1.2 Injuries

My left shoulder had a significant tear, about two inches across. The remaining scar is a
circle that is a bit less than an inch round. Six months later it is still easily visible.

My right shin had a spot about two inches across that was really ripped up and nine smaller
wounds that were less than an inch across.

My shoulders were sore. My left shoulder was sore for about a week. The right shoulder
was sore for several weeks.

The assault took place on a Thursday. On Saturday night I had a lot of pain in the area of
my right kidney. I couldn‟t sleep. I went into the clinic on Sunday and they found blood in
my urine. Based on a description of events and the fact that the pain took two days to show
up the doctor felt that a muscle was probably swelling and squeezing my kidney. He told
me to come back in three days for another test. Blood was found another time and then
another checkup was clear. Since then I have often had muscle spasms in that area. It feels
like a muscle that runs from the hip to the ribs starts to vibrate. Sometimes it will last for
20 minutes. I think that my right kidney is enlarged. I still have to position it over a slight
dip in the mattress so that I can get to sleep.

1.3 Ongoing Encounters
On November 22, at 11:45, I was at work (163 MacFarlane Road, in Ottawa) and the guys
hollered that the OPP were after me. I looked out the window and there were two trucks.
And OPP officers and their dogs were standing right beside my car, in the parking lot.
They did dog training exercises for about two hours. They were all over the neighborhood.
I went out for coffee in the afternoon and the cops were sitting in their trucks just a little
ways down MacFarlane Road. They stared at me as I went by. The first truck was a grey
Ford, maybe an Explorer, license plate APFP-948. The second truck was a black Chev,
maybe a Suburban, license plate AKFF-839. One of the guys at work went out and talked
to the cops and came back and told me that it was just a regular training exercise. --- Two
feet away from my car. This is the same car that the OPP had searched in Orillia.

1.4 First Court Appearance
The first court date was December 19, 2005. The crown was unprepared. They didn‟t have
all the paperwork and they had not yet decided on how to proceed, either by indictment or
summary conviction. I asked the judge to just throw the whole thing out. He refused. So
then I asked for access to Simcoe county so that I could get a local lawyer. My restrictions
were modified so as to allow me to visit Simcoe County for access to lawyers. And the
matter was delayed for another month. I suspect that the reason the paperwork had not
been done was so that the OPP could pretend that indictment was still an option and they
could do a complete fingerprint/picture routine. It is a big deal. They took a lot of
fingerprints, and hand prints and prints of two or three fingers at a time. Pages of
fingerprints and pictures and personal information. It is a very intimidating process.

I was told to show up at the Orillia OPP police station at 08:00 on December 19 so that I
could be fingerprinted and photographed before the court appearance. After the OPP got
my fingerprints and checked them out they decided to proceed by „summary conviction‟
which means that they were not entitled to take my fingerprints. They will now have to
destroy those records. Another example of how the Ontario police use every legal tool to
beat and harass civilians. The beating, the psychological analysis, the needles, fingerprints,
etc. They continue to pound away at me year after year by misusing all of their police
powers.

1.5 Second Court Appearance
I did not attend personally. A lawyer from Barrie represented me. A court date was set for
September 2006. On January 26th the Crown Attorney‟s Office Simcoe Barry sent me an
updated document (sent in an OPP envelope?) that indicated they would proceed by
summary conviction on charges of Mischief (interfering with use of property) and Cause
Disturbance. If I plead guilty the Crown Attorney would recommend a conditional
discharge with probation. They carefully omitted to check off the box to indicate that there
is video/audio evidence although we all know that there were security video tapes. An
oversight? We will see.

1.6 Proposed Settlement
Ever since the problems first started in November of 2003 I have repeatedly asked for a
meeting with the police so that we could discuss a settlement. Year after year my requests
were refused. Finally on January 04, 2006 I received a call from OPP Chief Superintendent
Bill Grodzinski. After a few more phone calls we agreed on a meeting at the OPP Kanata
Detachment on February 09, 2006. My understanding was that we would discuss the
alleged unlawful actions of Superintendent Ken MacDonald. On February 09, my son and I
met with Grodzinski and Sergeant Major George Miller. It turned out that the OPP wasn‟t
too interested in talking about MacDonald but rather about any ideas regarding a
settlement. I told them that all I had ever wanted was for me and my son to have dinner
with the offending officers. I wanted my son and the officers to see each other as human
beings. That was still all that I wanted but obviously there were now a lot more officers
involved than the few from 2003. I said, “Just give me and my son a free dinner with the
cops and I will walk away and forget that anything ever happened. Otherwise my response
to the OPP aggression will be very different than you expect, and it will be comprehensive
and persistent.” The offer is still open.

Grodzinski said that he would take my offer back to Commander Strachan. He phoned a
couple of times, over a period of months, to say that he was almost ready to talk with
Strachan and then I never heard from him again. I suspect that they were just stringing me
along, hoping to waste more time.

1.7 OCCPS Doesn‟t Handle Big Cops
During the February 09, 2006 meeting, Chief Superintendent Grodzinski told me that he
used to perform the same duties as Superintendent MacDonald. He is obviously very
experienced in these matters and he told me flat out that OCCPS doesn‟t really investigate
the investigators. That is exactly what I have seen. OCCPS refuses to investigate the
investigators and now that McGuinty dissolved the ministry of the Solicitor General there is
nobody left to police the police. I have several letters from Minister Kwinter and his office
that state the minister cannot get involved in these matters. What it all adds up to is that
there are a lot of cops that really are above the law. Basic human rights (access to justice)
are not available in the Province of Ontario. The police and the police unions are supreme,
thanks to McGuinty and Kwinter.

The LeSage Report, delivered on April 22, 2005, recommended that, “Any police officer
who seeks to undermine the efficient and effective operation of the complaints system
should be deemed to have engaged in misconduct.” (Recommendation 11) It is obvious
that OCCPS doesn‟t share that opinion.

Mr. Chitra, you and your subordinates are very fond of sending out letters that state, “This
matter is now closed.” Well, my body still hurts and this matter is not closed until I say it
is. I am accumulating a body of evidence that suggests that you and other government
officials and police unions have conspired to rob residents of Ontario of basic human rights.
I am confident that I see a pattern in government behaviour since McGuinty took office. I
predict that you will face legal challenges and that my first complaint will come back to
your attention. The six month time limit doesn‟t apply when a related string of offences is
ongoing. The earliest that you can start to relax is six months after you quit your job, and
as we know from the Harris and Cretien incidents even then you aren‟t untouchable. You
and all of your team will be held accountable for your actions. I am very patient and
persistent and I believe in the legal system.
2. Specific Complaints Against OPP Officers
It is not required that the complainant identify which laws or rules were broken by the
officers. The complainant is only required to describe the events. As with most other
crimes and misdemeanors the police are supposed to review the evidence and decide if any
crimes were committed. For my last complaint the police, and OCCPS, very carefully
avoided any consideration of various crimes that were described in my description of
events and picked only a few items from my list of specific complaints. With the previous
experience in mind, I declare that the following list is to be used only as an aid to
investigating the events of November 10.

2.1 Excessive Force
I‟m a 158 pound, skinny computer salesman and I will soon qualify for the GreyPower
insurance discount. I was non-aggressive and very definitely and obviously unarmed. I
was on public property, in broad daylight, all by myself. And I get taken down and have
two cops trying to rip my arms out of their sockets, another cop jumping up and down on
my legs, and a fourth cop electrocuting my rear end.

I was not asked to surrender. As OCCPS knows, the last time that an impaired and abusive
cop told me to turn around and put my hands behind my back I did.

The Crown claims that I was put under arrest under the Trespass to Property Act, for
Failure to Identify.

The OPP Occurrence Report GHQ-404-05 (prepared by Pollon) discloses that the arrest
was made under the Mental Health Act.

Notes made by Sgt Henderson indicate that I was arrested for Indecent Exposure.

Another supplementary Report (OP# 0523867) simply states that I was arrested.

Another officer‟s notes (OP05636867) state that I was arrested for Failure To Identify.

I look forward to seeing the rest of the officers notes and finding out why they thought I
was arrested.

The cops don‟t agree on why I was arrested but they seem to agree that I needed a good
beating. Why?

2.2 Who called in the Emergency Response Team?

This is the second time now that I have been assaulted and badly beaten by members of
Ontario‟s super-hero anti-terrorist professional killer squads. Each time they are getting
more violent and using more weapons. What is going to happen the third time? Am I
going to follow Dudley?
When I was arrested and in the police cruiser going to the hospital, the arresting cop told
me that they had been called by a member of the public. Police notes indicate that they
were called by OPP HQ building security. That can‟t be the whole story.

First, members of the public can‟t call in the ERT. It takes a special call and has to go
through proper channels.

Second, nobody talked to me before the special squad was called in. Somebody took one
look out the window and went ballistic. I doubt that a low-wage security guard, in a
building full of cops and special forces and weapons, just decided on his own to call in a
swat team.

I think that some high-ranking OPP official looked out across her desk and got upset. I
think that she called somebody and said something like, “Get that idiot out of here. Make it
quick and make sure that he doesn‟t want to ever come back.”

Note that the first two cops didn‟t feel any need to restrain me or pull their guns or stop my
„mischief‟. They were quite comfortable standing just two feet away from me. That
suggests that I didn‟t need to be violently attacked.

And yet, the attack team was very very confident that I needed a beating. They wasted no
time. They walked right up, got into position, and then went at me with everything they
had. Who got them so fired up? What could possibly give them that much confidence that
I needed a beating? Why did they ignore the Use Of Force Model and treat me like a
terrorist? They had already decided on a course of action based on information they
received before they arrived at the scene.

What information? From who?

2.3 No Charter Rights
The cops refused all of my requests to call my lawyer because they said that I was insane.
This is documented by the doctor.

Why was I insane?

Protestors often wear masks. I wore the same mask while picketing the Ottawa Police
station several times in the prior week. Nobody beat me up. Where is the insanity?

Protestors or people wanting to make a statement often wear just underwear. It is legal for
women in Ontario to go topless. This is often seen at Wasaga Beach, which isn‟t that far
from Orillia. I was wearing two pairs of underwear and the cops never charged me with an
obscenity offence. Where is the insanity?

Not dressed for the weather? My head, neck, hands, crotch and feet were all warm. This is
Canada. We know how to stay warm. We run around in bathing suits in the snow and
swim in holes in the ice. We do Polar Bear swims, like in Peterborough. In my case, it was
above zero, sunny and calm. Just because a cop „felt like it was below zero‟ does that make
me insane? Did the cop decide that I was insane while he was still at his desk?
Are our Charter Rights so flimsy that whenever a cop „feels like it was below zero‟ we lose
all our rights? Everyone has the right not to be arbitrarily detained or imprisoned.
Everyone has the right on arrest or detention to retain and instruct counsel without delay.
Everyone has the right to be secure against unreasonable search or seizure. Everyone has
the right to security of the person. I lost all my rights because one cop „felt‟ that it was
cold.

I think that in somebody‟s opinion I was insane for daring to picket the OPP HQ. Who is
that somebody? Was it Commissioner Boniface? Was it Commander Strachan?
Commander Pilon? Superintendent MacDonald? Is Superintendent MacDonald going to
be allowed to sign off this investigation? Is Commisioner Boniface going to be allowed to
sign off this investigation?

2.4 Same as Last Time
There are a lot of parallels to the 2003 incident.

One cop doesn‟t want any part of it. Last time it was Officer Wagner. He didn‟t like it
when I was beaten. He got the investigator to leave his name off of the initial report. And
he was an unknown Officer#2 who said that he left before the beating. He lied, he came in
a car with another cop and didn‟t leave until everybody else left. This time it‟s Roberta
Irving. She is the one that electrocuted me. I heard her screaming that she would do it.
Now another cop is claiming that he did it. I think that Irving wants to stay out of this
mess.

There are no substantial charges. Last time they charged me with „possession of game
unlawfully hunted‟ when there wasn‟t any evidence that the game was unlawfully hunted.
In other words they were just implying that a crime had occurred but only charged me with
a secondary offence. Same thing for the 2005 incident, there are no real charges of assault,
damage, obscenity or whatever else. The charges were a joke to start with, and they have
now been reduced to summary conviction status. The Interfering With Use of Property
charge is a real joke. Last year a group of protesters went into a Federal Government office
in Ottawa and chained themselves to the furniture in the waiting room. The police used a
lot of force in removing the protesters but a judge has recently ruled that the protesters were
not interfering with the normal function of the office.

Destruction of evidence. In 2003 the police had the physical evidence destroyed. I predict
that any phone recordings are probably long gone and videos that show the beating will
probably not be available.

Emergency Response Teams are involved with both events. Both times they seem to be
exceeding their mandate. PERT and ERT are supposed to be held in reserve for serious
situations. Instead it seems that they roam the country and get involved with anything that
comes to their attention.
Ontario Civilian Commission on Police Services (OCCPS)
Public Complaints Bureau
25 Grosvenor Street
Toronto, ON, M7A 1Y6

				
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