Centre For Local Research into Public Space (CELOS)


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Custodians:

February 28, 2000

Deputy Chief M.Boyd, Toronto Police Department.
Fax 808-5002'''

Dear Deputy Chief Boyd,

I am writing to you to ask your intervention in a complaint I made to Superintendent Keith Cowling about one of his officers at Fourteen Division.

On the evening of Wednesday Feb.2, 2000, there was a confrontation at Dufferin Grove Park artificial ice rink, between the rink supervisor and about ten youths, at which I was also present, as an involved citizen and former youth worker there. The youths refused to leave the building as requested by the supervisor, and he asked that the police be called. In the hour that it took for the police to arrive, the area recreation supervisor arrived from home and the youths eventually left the building, since they thought the police were coming. The two supervisors, assuming after an hour that the police were not coming, left the building as well, and I was about to go back home when an officer arrived. Although he was told the whole thing was over, he decided to make a report. I offered to call the rink supervisor so he could speak to him directly. But the officer insisted that I give the report.

When a report is taken, the routine is that the police officer takes out his book and says: "your name?" You give it. "Date of birth?" I was tired after an hour and a half of the confrontation with the youths, and I was not in a mood to be asked such a question, as though I was on trial. I told the officer that I didn't think my date of birth was relevant. Whereupon he closed his notebook and said, "If that's the kind of cooperation we get from you people, don't expect our cooperation the next time you call us." I said I was sorry he felt that way, and then asked him for his name and badge number, explaining that we routinely put that information in the rink log book whenever police are called. He began to walk toward the exit without giving me this information. I called out to him that we need his name and badge number. He then returned to me and said, "did you tell me to give you my name and badge number right now?" I had the distinct impression by his tone that he was considering whether he ought to charge me with being pushy. I replied that if I had said "right now" (rather unlikely) I must have meant I did need his name and badge number "please." He then gave me his badge number, said something about useless or vexatious calls to the police, and left.

I faxed a letter to Superintendent Cowling the following day, describing what had happened and asking him the following questions:

 "does the Toronto Police Force stand behind this officer in interpreting a citizen's unwillingness to give her date of birth as a "lack of cooperation" ? Do the Toronto police feel that a citizen's unwillingness to give, not her name, not her phone number, but her date of birth in this instance would justify an implied threat by an officer that such a "lack of cooperation" will result in a future lack of cooperation with city rink staff by the police?"

 "do you as the head of Fourteen Division agree that it is not vexatious but entirely legitimate for city staff to ask for help from the police, to allow city staff to show that they have legitimate authority to enforce city rules in the city's facilities?"

The letter was faxed on Feb.3 and up until now Supt.Cowling has not felt it merited a reply.

I would appreciate a written reply to my questions. If someone from your department would like to discuss this matter with me before writing a response, please call me at 416-533-0153.

Yours truly,

Jutta Mason


Dear Ms.Bunton,

Judge David Cole suggested I call you when I spoke to him last Friday about a project I am involved in. Our community group, together with the Parks and Recreation supervisor responsible for this park, would like offenders who are sentenced to community service hours for offenses committed in this park (or in two nearby community centres), to perform their C.S.O.'s in the park. We need a little help to bring this about.

This is an attempt to follow through with other work we've been doing here for over seven years with youth (up to 25). Our community group got a grant last year from the Ministry of the Solicitor General. Most of the grant went to expanding our park's "odd jobs for youth" program, which included youths doing community service orders as well as youths working for pay. Now I am working on a small book about our various experiences with violence, vandalism, and lost souls in this little piece of public space. The book is the final requirement of our grant, and is meant for other neighbourhoods (and as a tool for reflection on our own).

The missing piece for us is how to work with the courts (and with the offender) when an offense is committed in public space, in this case Dufferin Park or the community centres. There are currently charges against two young men (early 20's), one related to vandalism in this park, one related to threatening behaviour and breach of parole in a nearby community centre. We would like each of these young men, if they plead or are found guilty, to do their work hours (if these are ordered by the court) at our park -- that is, at or near the place they offended, working alongside community people and the parks staff. We have made a specific proposal regarding scheduling and the type of activities available, and we have asked the police to place this proposal in the crown envelope. We have also asked the court to consider ordering a verbal apology, to be given after the successful completion of the CSO's, as a kind of closure.

What worries us is that our requests in these two cases might slip through unnoticed. We know the courts are very busy, and a previous request a few years ago (in another incident) did get lost. Judge Cole said it would be very good if we could inform the defense lawyers about our proposal, but we don't know how to contact them (i.e. to find who they are). As ordinary community people, we don't know much about the courts, but we are trying to learn. I'm wondering if you could help us to find the best path.

If we succeed at this attempt at following through, the story will form part of the narrative of my little book. I believe this will be of real interest to people considering their own community's approach. If you feel you could give us some direction, please call me at 533-0153 and I can come to see you at your convenience.


Feb.28, 2000
Ms.Suzanne Boucher,
Crown Attorney, 311 Jarvis Street.
Fax 952-0770.

Dear Ms.Boucher,

As I said to you on the phone on Friday, I am hoping to come and talk to you. Here's why: Our community group got a grant last year from the Ministry of the Solicitor General. Most of the grant went to expanding the park's "odd jobs for youth" program, which included youths doing community service orders through the park and nearby community centre. Now I am working on a small book about various experiences with violence, vandalism, intimidation and lost souls in this little piece of public space, over the last seven years. The book is the final requirement of our grant, and is meant for other neighbourhoods (and as a tool for reflection on our own).

I am hoping to come and ask you about the "nuts and bolts" of youth sentencing relating to drug offenses and the follow-ups to the sentences. Kids who make trouble are here in the parks and the community centres with us, but the courts seem so far away. Despite some effort, we -- park staff and citizens alike -- have not been able to find a point of connection. Kids get in trouble here and then they disappear and then other kids come and ask us to do community hours for troubles they caused elsewhere and then they disappear (not always). We need some clarifying hints on what goes on beyond our line of vision. For instance, in the case of a drug seller who has been active in our park or community centre, how could the Parks Department, together with a community group like ours, get a verbal apology from offender? How might we get the help of the court to connect with such offenders to let them work their way back into the community by doing something positive for the park with their community service hours?

Conversely, if the court orders a dealer to stay away from a park or a community centre, how can the Parks Department find out such information, so that they can get the benefit of such an order? (Currently there seems to be no practice at all of notifying the park or community centre staff when a ban is in place. Is such notification prohibited by legislation?)

In the seven years that I have been involved with our park and nearby community centre, there have been three arrests made for vandalism in the park, one major round-up for drug charges, one arrest for assault by a psychotic person, one arrest for shooting a staff member in the leg with a pellet gun, and various smaller arrests for miscellaneous offenses. In most (not all) of the cases relating to behaviour within the park, we were hoping for a sentence which would allow the accused to do direct restitution at the park or the centre, in other words, to repair the damage that they did through community service hours and then be back in our good graces. In all the cases we were hoping for a verbal apology to the citizen's council and the staff members. Incidentally we would then have a relationship with the offender (which would make it less likely that they would see the park or the community centre as a neutral site for their operations in the future).

In none of the cases did this happen. It's interesting to me that there is so much talk of alternatives and yet the access to offenders even by the people working in the park or the community centre is just not there. It seems that now, as before, the accused disappears into the courts and the process becomes opaque to the community where the original act occurred.

Since I've begun asking my questions recently, I've begun to understand that the crown is crucial to helping us find the point of connection we are seeking. If I could come and see you (or someone else, if you feel these questions ought to be referred) to discuss these issues, that could be a real help to us and to the other neighbourhoods who will use my book. If this request is agreeable to you, please call me at 533-0153 and I will come to see you at your convenience.

Yours truly,

Jutta Mason.


Judge Marion Cohen,
311 Jarvis Street.
Fax 327-6979.

Dear Judge Cohen,

Your name was given to me by a defense lawyer named Mel Green whom I asked some questions about how the courts work with young offenders. He suggested it would be very helpful to my project to ask some of my questions of you.

The reason I'm asking about the courts is that I'm working on a book about illegal and/ or antisocial acts in our park and local community centre, and how the community reacts to them. This little book is the last element of a project funded last year by the provincial Ministry of the Solicitor General. Most of our project had to do with teenagers working at our park in all the different seasons, some doing community service orders. But this last piece is a more general reflection on public space, and is meant for other neighbourhoods (and as a tool for reflection on our own).

In the seven years that I have been involved with our park and nearby community centre, there have been three arrests made for vandalism in the park, one major round-up for drug charges, one arrest for an assault by a psychotic person, one arrest for shooting a staff member in the leg with a pellet gun, and various smaller arrests for miscellaneous offenses. In most (not all) of the cases relating to behaviour within the park, we were hoping for a sentence which would allow the accused to do direct restitution at the park or the centre, in other words, to repair the damage that they did through community service hours and then be back in our good graces. In all the cases we were hoping for a verbal apology to the citizen's council and the staff members. Incidentally we would then have a relationship with the offender (which would make it less likely that they would see the park or the community centre as a neutral site for their operations in the future).

In none of the cases did this happen. It's interesting to me that there is so much talk of alternatives and yet the access to offenders even by the people working in the park or the community centre is just not there. It seems that now, as before, the accused disappears into the courts and the process becomes opaque to the community where the original act occurred.

We need some clarifying hints on what goes on beyond our line of vision. For instance, in the case of a person whose offense was committed in our park or community centre, how could the Parks Department, together with a community group like ours, get a verbal apology from offender? How might we get the help of the court to connect with such offenders to let them work their way back into the community by doing something positive for the park with their community service hours?

Conversely, if the court orders a person to stay away from a park or a community centre, how can the Parks Department find out such information, so that they can get the protective benefit of such an order? (Currently there seems to be no practice at all of notifying the park or community centre staff when a ban is in place. Is such notification prohibited by legislation?)

I would very much appreciate if you could talk to me about these issues. I have also sent this letter to your colleague Judge Beaman, since Mel Green gave me both your names. If you would like the interview to be with just one of you, let me know, and I will come to see you at your convenience. I will call your office later this week, or if you would like to get in touch with me, my number is (416) 533-0153.

Yours truly,

Jutta Mason


Judge Judy Beaman,
311 Jarvis Street.
Fax 327-6979.

Dear Judge Beaman,

Your name was given to me by a defense lawyer named Mel Green whom I asked some questions about how the courts work with young offenders. He suggested it would be very helpful to my project to ask some of my questions of you.

The reason I'm asking about the courts is that I'm working on a book about illegal and/ or antisocial acts in our park and local community centre, and how the community reacts to them. This little book is the last element of a project funded last year by the provincial Ministry of the Solicitor General. Most of our project had to do with teenagers working at our park in all the different seasons, some doing community service orders. But this last piece is a more general reflection on public space, and is meant for other neighbourhoods (and as a tool for reflection on our own).

In the seven years that I have been involved with our park and nearby community centre, there have been three arrests made for vandalism in the park, one major round-up for drug charges, one arrest for an assault by a psychotic person, one arrest for shooting a staff member in the leg with a pellet gun, and various smaller arrests for miscellaneous offenses. In most (not all) of the cases relating to behaviour within the park, we were hoping for a sentence which would allow the accused to do direct restitution at the park or the centre, in other words, to repair the damage that they did through community service hours and then be back in our good graces. In all the cases we were hoping for a verbal apology to the citizen's council and the staff members. Incidentally we would then have a relationship with the offender (which would make it less likely that they would see the park or the community centre as a neutral site for their operations in the future).

In none of the cases did this happen. It's interesting to me that there is so much talk of alternatives and yet the access to offenders even by the people working in the park or the community centre is just not there. It seems that now, as before, the accused disappears into the courts and the process becomes opaque to the community where the original act occurred.

We need some clarifying hints on what goes on beyond our line of vision. For instance, in the case of a person whose offense was committed in our park or community centre, how could the Parks Department, together with a community group like ours, get a verbal apology from offender? How might we get the help of the court to connect with such offenders to let them work their way back into the community by doing something positive for the park with their community service hours?

Conversely, if the court orders a person to stay away from a park or a community centre, how can the Parks Department find out such information, so that they can get the protective benefit of such an order? (Currently there seems to be no practice at all of notifying the park or community centre staff when a ban is in place. Is such notification prohibited by legislation?)

I would very much appreciate if you could talk to me about these issues. I have also sent this letter to your colleague Judge Cohen, since Mel Green gave me both your names. If you would like the interview to be with just one of you, let me know, and I will come to see you at your convenience. I will call your office later this week, or if you would like to get in touch with me, my number is (416) 533-0153.

Yours truly,

Jutta Mason


Ms.Barbora Ferns,
Crown Attorney,
311 Jarvis Street.
Fax 327-6844.

Dear Ms.Ferns,

Your name was given to me by Mr.John Ball when I recently went to see him to ask some questions about how the courts work. He suggested it would be very helpful to my project to ask some of my questions of you, particularly in reference to young offenders.

The reason I'm asking about the courts is that I'm working on a book about illegal and/ or antisocial acts in our park and local community centre, and how the community reacts to them. This little book is the last element of a project funded last year by the provincial Ministry of the Solicitor General. Most of our project had to do with teenagers working at our park in all the different seasons, some doing community service orders. But this last piece is a more general reflection on public space, and is meant for other neighbourhoods (and as a tool for reflection on our own).

In the seven years that I have been involved with our park and nearby community centre, there have been three arrests made for vandalism in the park, one major round-up for drug charges, one arrest for an assault by a psychotic person, one arrest for shooting a staff member in the leg with a pellet gun, and various smaller arrests for miscellaneous offenses. In most (not all) of the cases relating to behaviour within the park, we were hoping for a sentence which would allow the accused to do direct restitution at the park or the centre, in other words, to repair the damage that they did through community service hours and then be back in our good graces. In all the cases we were hoping for a verbal apology to the citizen's council and the staff members. Incidentally we would then have a relationship with the offender (which would make it less likely that they would see the park or the community centre as a neutral site for their operations in the future).

In none of the cases did this happen. It's interesting to me that there is so much talk of alternatives and yet the access to offenders even by the people working in the park or the community centre is just not there. It seems that now, as before, the accused disappears into the courts and the process becomes opaque to the community where the original act occurred.

We need some clarifying hints on what goes on beyond our line of vision. For instance, in the case of a person whose offense was committed in our park or community centre, how could the Parks Department, together with a community group like ours, get a verbal apology from offender? How might we get the help of the court to connect with such offenders to let them work their way back into the community by doing something positive for the park with their community service hours?

Conversely, if the court orders a person to stay away from a park or a community centre, how can the Parks Department find out such information, so that they can get the protective benefit of such an order? (Currently there seems to be no practice at all of notifying the park or community centre staff when a ban is in place. Is such notification prohibited by legislation?)

Since I've begun asking my questions recently, I've begun to understand that the crown is crucial to helping us find the point of connection we are seeking. If I could come and see you to discuss these issues, that could be a real help to us and to the other neighbourhoods who will use my book. I will call you later this week to see if I could come to see you at your convenience. Or you could reach me at 533-0153.

Yours truly,

Jutta Mason.


Content last modified on June 03, 2008, at 04:02 AM EST