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Some lawyers have given up on the fight to establish a meaningful public review. Clayton Ruby of Toronto's Ruby & Shiller is among those taking matters to the civil courts. One client, Natalie Gray, is suing the Toronto police based on allega- tions she was hit by rubber bullets. Barton is seeking a civil remedy for the claim that officers assaulted him. In a third lawsuit that was being prepared in late January, Ruby represents British satirist Charles Veitch, who is seeking redress after being charged under the secret law for refusing to identify himself to officers near the G20 security fence. "The government has struc- tured things so that there is no effective oversight," says Ruby, explaining why he and his clients opted to take their matters to the civil courts. "The federal govern- ment could call a commission; they won't. The provincial government could call a Royal commission; they won't. They're all embarrassed by it, so what you're left with is a patchwork of oversight bodies." While the civil courts have become the best forum for accountability in Ruby's mind, he admits they are a "terrible venue" for the airing of issues that cut to the core of Canadian democracy. "These cases will be settled," he asserts. "[The government] will pay public money to make them disappear — your money and my money. And they'll do it two years down the road, when everyone doesn't care quite so much. This is not a satisfactory solution. This is just using the civil law system to bury a problem." A pair of class actions could also prove costly to the public purse. Murray Klippenstein is spearheading a suit seeking $45 million on behalf of about 800 people who were arrested and released without charge during the summit. Toronto police and the RCMP are named as defendants. In a separate action, David Midanik is looking for $115 million from the attor- ney general of Canada and Toronto and Peel police services on behalf of everyone arrested during the summit. Morton, meanwhile, is one of the many lawyers representing clients whose G20- related matters remain in the criminal courts. He currently acts for Emomotimi Azorbo, a deaf man facing charges of assaulting an officer and resisting arrest during the protests, and Joanna Adamiak, who is one of 18 people facing conspiracy charges in relation to the protests. Those charged with conspiracy have been bun- dled into a single prosecution, which has created significant scheduling challenges. A preliminary hearing is unlikely to get underway until September at the earliest. "They've created this [18]-accused mon- ster," says Morton, who spent 20 years as a prosecutor. "They can make all the points they want to make by proceeding against five or six people they allege are the main people. To create this monster that's going to be, quite frankly unmanageable, is real folly on their part." John Norris has taken on the defence ENFORCING HUMAN RIGHTS IN ONTARIO MARY CORNISH, FAY FARADAY AND JO-ANNE PICKEL THE FUNDAMENTALS YOU NEED TO QUICKLY NAVIGATE THE NEW HUMAN RIGHTS SYSTEM Enforcing Human Rights in Ontario is the first book to outline how the new human rights system works, written by lawyers renowned for their experience in the area. Written in a practical, how-to format, it covers: the history of the reform • • • • • Hardbound • 336 pp. • 2009 $102 • P/C 0301010000 ISBN 978-0-088804-485-3 Prices subject to change without notice, to applicable taxes and shipping & handling. CANADA LAW BOOK® CL0311 30 M A RCH 2011 www. CANADIAN Lawyermag.com the wide-ranging changes from the old to the new system – including the changed roles of the Human Rights Commission and Human Rights Tribunal and an overview of the new Human Rights Legal Support Centre the new role of the courts in enforcing human rights the interaction between the Human Rights Tribunal and other administrative tribunals with concurrent jurisdiction practical information and principled analysis to help those representing complainants, respondents, intervenors and the Commission Visit canadalawbook.ca or call 1.800.565.6967 for a 30-day no-risk evaluation of alleged G20 protest ringleader Alex Hundert, who is among the group facing conspiracy charges. Hundert was released on $100,000 bail after his June 2010 arrest, but was back behind bars on Sept. 17, 2010, after breaching parole conditions that banned him from participating in public demonstrations. He was released from jail on Jan. 24 after signing a plea bargain in relation to the breach, which came after he sat on a Ryerson University panel that discussed the G20 resistance movement. While Norris is unable to dis- cuss Hundert's case, he believes the public deserves to find out why officers seem to have been ordered to ignore Charter rights during the summit. It's unlikely any insight on that will come out of the criminal courts, and that's partially why he believes a public inquiry must be struck. "From the point of view of the police, they would be able to explain their rationale; that ratio- nale could be publicly challenged, other evidence could be drawn out," he says. "That would yield the best evidence about what happened and why, and could then provide an appropriate foundation for rec- ommendations for the future." All of this isn't to forget the disorder that ensued at special bail courts set up to handle those charged during the sum- mit. In the days following the summit, Watch the video of York Regional Police Sgt. Mark Charlebois at y w at ch?v=R outube.c jVtsuoPlzk om/