Transcript: The Arrest | Aug 04, 2020ÿþLogo: TVO.
A caption reads "TVO and Vigilance Productions presents a film by Martin Himel."
The caption changes to "Summit of G-20 leaders. Toronto, 2010."
At a pacific demonstration, a group of protesters sing the Canadian national anthem facing a police wall.
The song goes TRUE PATRIOT LOVE IN ALL THY SONS COMMAND WITH GLOWING HEARTS, WE SEE THEE RISE THE TRUE NORTH STRONG AND FREE FROM FAR AND WIDE, OH CANADA WE STAND ON GUARD FOR THEE GOD KEEP OUR LAND GLORIOUS AND FREE OH CANADA, WE STAND ON GUARD FOR THEE OH CANADA, WE STAND ON GUARD FOR THEE
As a couple of protesters take a sit between the two groups. The police suddenly start running towards protesters.
[POLICE SHOUTING] [CROWD SCREAMING]
A protester says FUCK YOU! WE SUNG THE FUCKING ANTHEM! [CROWD SCREAMING]
The caption changes to "It is the largest mass arrest in Canadian history."
A man says WHAT ARE THEY DOING TO THESE PEOPLE? WHERE DO THEY WANT THEM TO MOVE TO? WHERE DO THEY WANT THEM TO MOVE TO?
They corner and arrest pacific protesters.
A man says HEY, HEY, HEY, WHOA, WHOA, WHOA! CIRCLED US OFF THERE. THEY'RE NOT LETTING US OUT.
A woman says WHAT ARE YOU ARRESTING PEOPLE FOR?
A cop grabs the woman's boyfriend by the neck and says GET BACK, GET BACK!
The woman says OKAY, OKAY, OKAY, OKAY! [SCREAMING]
The cops start hitting the man on the ground.
She shouts JAY, JASON, JAY! [SOMBER MUSIC]
The name of the film reads "The arrest."
A young man at the protest says I WATCHED THEM BUST A LOT OF 16 YEAR OLD HEADS OPEN EARLY ON. THEY LOOK LIKE 400 POUND TERMINATOR.
The caption changes to "Steve Spencer."
Steve is in his thirties, with short light brown hair and a goatee. He wears a gray striped shirt and a polka dotted gray tie.
He says SO, I'M SITTING ON THE HILL AND EVERYTHING IS PEACEFUL AND FUN AS CAN BE FOR A PROTEST, AND ALL OF A SUDDEN, I HEAR THUMP, THUMP, THUMP. AND HAD NO IDEA WHAT IT WAS AND I TURN AROUND AND IT'S THE POLICE COMING TO ATTACK ME. [CROWD SCREAMING]
Steve says THEY BASICALLY GRABBED ME BY THE ARMS AND THE LEGS AND START TO RUN ME INTO POLICE LINES. EVERY COP THAT WE WOULD PASS, I WOULD GET KICKED, I'D GET BATONNED, PUNCHED IN THE FACE.
The caption changes to "Adam Nobody."
Adam is in his thirties, with short brown hair and a beard, he wears a black logo T-shirt, a black cap and a pendant necklace.
He says SO, I'M AT HOME, PLAYING GOD OF WAR 3, AND MY MOM CALLS ME LIKE, "HEY, WHAT ARE YOU DOING?" I'M LIKE, "I'M AT HOME." SHE'S LIKE, "WELL, THERE'S STUFF GOING ON OUTSIDE." I PAUSE THE GAME, I TURN ON THE NEWS, I SEE ALL THIS STUFF HAPPENING, ALL THESE DEMONSTRATIONS AND STUFF, AND THEY'RE LITERALLY LIKE TWO BLOCKS AWAY FROM MY HOUSE. I'M LIKE, ALL RIGHT, GONNA GO CHECK IT OUT. I FIND A LITTLE PERCH AND I PUT MY BAG DOWN AND I SEE, LIKE, A LINE OF COPS KINDA TO THE LEFT OF ME, THEN I TURN AROUND AND ALL I HEAR IS, "HIM, HIM, HIM!"
Clips show Adam being harassed and hit on the ground by several police officers.
Adam says I'M DOWN ON THE GROUND. THEY'RE PUNCHING ME, KICKING ME. [CROWD SCREAMING] SIX OFFICERS BEAT ME UP, KICKS TO THE FACE. LITERALLY, I REMEMBER, LIKE, BLACKING OUT AND THEN WAKING UP AND THEN I'M MOVING MY FACE SO I DON'T GET HIT IN THE SAME SPOT TWICE. LIKE, FUCKING STOMP, STOMP, PUNT.
Adam meets Steve at the park.
Adam says HEY!
Steve says HOW ARE YOU DOING, BUD? LONG TIME NO SEE, MAN. HOW ARE YOU DOING?
Adam says I'M WELL.
Steve says YEAH?
Adam says HOW ARE YOU?
Steve says WHAT'S NEW WITH YOU?
Adam says OH, YOU KNOW, LIFE, I'M MARRIED.
Steve says MARRIED LIFE, EH?
Adam says MARRIED, BEAUTIFUL, EASY. IT'S EASY, YEAH?
Steve says YEAH.
Adam says YOU KNOW, WE MET EACH OTHER RIGHT OVER HERE. THAT'S WHERE WE WERE. THAT'S WHERE WE FIRST SAW EACH OTHER.
Steve says AND THAT'S WHERE I GOT ARRESTED.
Adam says THAT'S WHERE YOU GOT ARRESTED. LIKE MAYBE, WE WERE PROBABLY THERE FOR WHAT, LIKE AN HOUR, JUST CHILLING?
Steve says YEAH. I KNOW WHEN I SAW YOU IN THE JAIL, I WAS SHOCKED. LIKE, I COULD NOT BELIEVE HOW MAD YOU LOOKED.
Adam says I REMEMBER WHEN WE GOT THERE, IT WAS JUST LIKE, AS SOON AS I GOT OFF THE BUS, ALL I HEAR IS, "ADAM!" I'M LIKE, "STEVE!" AND THEN YOU WERE LIKE, "I WAS WAITING FOR YOU, "BUT THEY BEAT THE SHIT OUT OF ME IN BROADVIEW!" I'M LIKE, "YEAH, I WENT BACK LOOKING FOR YOU, "BUT THEY BEAT SHIT OUT OF ME IN BROADVIEW." [SOMBER MUSIC]
Pictures of Adam's injuries from the arrest appear.
The caption changes to "David Butt. Attorney representing Police Officers."
David is in his fifties, with very short receding gray hair and wears a dark gray suit, a white and gray polka dotted shirt and a gray and black polka dotted tie.
David says THERE IS NOT A SINGLE USE OF FORCE BY A POLICE OFFICER THAT LOOKS PRETTY. THEY ALL LOOK UGLY. [CROWD SCREAMING] SO THERE IS SOME LATITUDE IN THE JUDGMENT PROCESS JUST BECAUSE THEY HAVE TO MAKE THOSE DECISIONS WITH IMPERFECT INFORMATION IN DIFFICULT CONDITIONS IN A FLUID AND DYNAMIC SITUATION.
Adam says A LOT OF INJUSTICE THAT DAY, A LOT.
Steve says YEAH, IT WAS GROSS. [SOMBER MUSIC]
The caption changes to "Adam and Steve are charged with assaulting police officers. They are released pending trial."
Steve says I WAS WATCHING THE NEWS A COUPLE WEEKS LATER AND MY FACE GOES OUT AS A MOST WANTED. THEY FLASH MY FACE AND THEN GO TO COMMERCIAL. SO I HAD THAT MOMENT OF PANIC. LIKE, DID I JUST REALLY SEE MY FACE ON THE NEWS? AND LO AND BEHOLD, I AM A MOST WANTED. THEY SAID I WAS A HOOLIGAN AND THEY WANTED ME ARRESTED. JUST AS A G-20 MOST WANTED. WITHIN MINUTES, I HAD FRIENDS CALLING ME AND THEY'RE BASICALLY SAYING YOU'RE ON THE NEWS. ARE YOU TURNING YOURSELF IN OR AM I? AND I SAID TO EVERY ONE OF THEM, WOULD YOU LIKE TO HEAR MY SIDE OF STORY? AND NO ONE WANTED TO HEAR MY SIDE OF THE STORY. SO THIS IS MY SIDE OF THE STORY. [CROWD MURMURING] [TENSE MUSIC]
Steve says BEFORE DOING THE ACTUAL MARCH AT NOON, I DECIDED TO KEEP IT LIGHT AND JUST KIND OF GO OUT AND SCOPE THINGS OUT. IN FRONT OF STEVE'S MUSIC SHOP ON QUEEN, THERE'S TWO COP CARS WITH THE DOORS WIDE OPEN, AND WITHIN SECONDS, THE CROWD SWARMS THE CARS. THEY'RE LIKE, LET'S BURN IT!
As Steve recalls the events, a video showing the situation rolls.
[POLICE SIREN WAILING]
Steve says SO I DECIDE TO SIT ON IT AND I BASICALLY WAS LIKE, YELLING AT PEOPLE FROM THE CAR, GOING DON'T DESTROY THIS CAR. UNTIL THE GUY JUMPS UP ON THE HOOD AND SMASHES THE WINDOW OUT BETWEEN MY FEET AND HE SAYS, "IF YOU DON'T GET OFF THIS CAR, YOU'RE NEXT." IT WASN'T WORTH GETTING INJURED OVER. I STEPPED OFF, WALKED AWAY. THAT WAS PROBABLY MY ONE UNWISE DECISION WAS TO ACTUALLY SIT ON THE CAR TO DEFEND IT. SO I TURN MYSELF IN AT THE POLICE STATION. I WAS A $5,000 BAIL. I'M BEING TOLD THAT THE PROSECUTION IS GOING AFTER ME AS ONE OF THE MAIN INCITERS OF THE RIOT, THAT THEY HAVE VIDEO OF ME THROWING ROCKS AT COPS, THAT I BURNED TWO COP CARS.
Adam says WE GOT MY DISCLOSURE FROM MY ARREST. THEY SENT ME A COURT DATE AND WE FIND OUT THAT THE BADGE NUMBER ON MY ARREST REPORT IS MADE UP. THEY DON'T KNOW WHO ARRESTED ME. THEY DON'T KNOW WHO I ASSAULTED, AND THERE'S THIS VIDEO OF ME FLOATING AROUND, GETTING THE SHIT BEAT OF ME BY COPS. MY LAWYER CALLS THE PROSECUTOR. HE'S LIKE, LOOK, YOU DON'T KNOW WHO ARRESTED HIM, YOU DON'T KNOW WHO HE ASSAULTED, AND WE GOT A VIDEO OF SIX COPS BEATING THE SHIT OUT OF HIM. DO YOU REALLY WANNA GO TO COURT? AND SO THEY DROPPED ALL THE CHARGES. LIKE, COMPLETELY WITHDRAWN ALL MY CHARGES. CHARGES ARE DROPPED. [CROWD SCREAMING]
A protester says WE MOVED HERE! WE HAVE NOWHERE TO GO!
Steve says THE PROSECUTION, THEY WANNA INSTILL FEAR IN YOU THAT YOU'RE GONNA GO TO PRISON. IF WE GO AFTER YOU, YOU'RE GONNA FACE JAIL TIME, SO I DEFINITELY AT FIRST WAS REALLY ALMOST WILLING TO TAKE THE PLEA, THINKING, YEAH, I SHOULD TAKE THIS AND GET OUT CLEAN, BUT AS I THOUGHT ABOUT IT MORE, I THOUGHT, NO, YOU KNOW, I'VE DONE NOTHING WRONG HERE. I'M NOT GONNA ALLOW THEM TO JUST BULLY ME INTO PLEADING GUILTY ON LESSER CHARGES.
The caption changes to "Will Jaksa. Steve's lawyer."
Will is in his forties, with short brown hair with graying temples and wears a gray suit, white shirt and printed tie.
He says THE PROBLEM IS THAT THIS HAPPENS QUITE OFTEN AND THERE ARE STORIES AFTER STORIES AFTER STORIES WHERE PEOPLE ARE INNOCENT OF THE ACTUAL CHARGES.
At the protest, Steve says I HAVEN'T DONE ANYTHING WRONG.
Will says ANOTHER BIG PROBLEM IS THAT THE POLICE JUST OVERCHARGE THEM. THAT HAS RESULTED IN MANY PEOPLE'S LIVES BEING CHANGED FOREVER, IRREPARABLY HARMED. [SOMBER MUSIC]
At a shop, the cashier says to Steve HAVE A NICE DAY.
Steve says YEAH, YOU TOO, THANKS. IT WAS A REALLY TOUGH YEAR ON ME, ESPECIALLY PHYSICALLY. MENTALLY, LIKE, HAVING ALL MY FRIENDS TURN ON ME WAS A SHOCK. TEETH STARTED CRACKING ON ME AND I WENT FROM 160 POUNDS TO 120 POUNDS IN LIKE FOUR MONTHS. I BASICALLY JUST STAYED WITHIN MY APARTMENT. I DIDN'T GO OUT, I DIDN'T TALK TO ANYONE. I JUST KIND OF WENT INTO A SHELL. IT WAS A YEAR LATER, MY FINAL CHARGES WERE DROPPED. BY NOW, ADAM'S STORY HAD COME OUT. PEOPLE STARTED KINDA, OH, MAYBE THE POLICE WERE HEAVY-HANDED. YOU ARE PRESUMED GUILTY UNTIL PROVEN INNOCENT, I FIND. LIKE, I ALWAYS THOUGHT WE WERE INNOCENT UNTIL PROVEN GUILTY, BUT NO.
At home, Adam kisses his wife and says HI, LADY.
He plays with his dog in the park and says SINCE THEN, I'VE GONE TO COUNSELING. I'VE SEEN A THERAPIST. I HAVE A FEAR OF POLICE OFFICERS OUT IN PUBLIC. COME ON. I HAVE A SERVICE ANIMAL NAMED MACY. SHE'S A SWEETHEART, SHE'S MY SUPPORT ANIMAL. GIVE ME THAT STICK. I'M DIAGNOSED POST-TRAUMATIC STRESS DISORDER, MASSIVE DEPRESSIVE DISORDER.
The caption changes to "Alok Mukherjee. Former Chairman, Toronto Police Board."
Alok is in his sixties, with short thinning gray hair and wears glasses, a blue suit, a pale blue shirt and a red and blue striped tie.
[TENSE MUSIC] [CROWD MURMURING]
He says THERE HAS BEEN A TENDENCY TO OVERCHARGE. POLICE OFFICERS ARE DOING THAT BECAUSE THEY CAN SHOW I LAID 12 CHARGES TODAY, I'M SO PRODUCTIVE. PROSECUTION'S TIME IS BEING WASTED IN DEALING WITH FRIVOLOUS CHARGES.
The caption changes to "John Struthers. Lawyer advocate for criminal reform."
John is in his late fifties, with short receding gray hair and wears glasses, a plaid shirt and a black jacket.
John says THEN THERE'S A TREMENDOUS LAG TIME BECAUSE WHAT HAPPENS IS THE POLICE HAVE TO PREPARE THE FILE. THEY HAVE TO COLLECT THE EVIDENCE, COLLECT THE WITNESS STATEMENTS, THEY HAVE TO PRODUCE THE FILE, SEND IT TO THE CROWN ATTORNEY'S OFFICE, THEN IT GOES INTO THE CROWN ATTORNEY'S PILE AND THEY HAVE TO REVIEW ALL OF THESE CASES AND GET THROUGH ALL OF THE EVIDENCE TO DETERMINE WHAT THEY THINK.
David says PROSECUTORS ARE VERY FREQUENTLY CARRYING HUGE VOLUMES OF CASE LOADS THAT BORDER ON THE IRRESPONSIBLE. WE'RE ALWAYS JUST A LITTLE STEP OR TWO AHEAD OF A CRISIS. [TENSE MUSIC]
The caption changes to "In Ontario, prosecutors drop 44 percent of the charges issued by police annually. But the innocent still face permanent damage."
In an office, a bearded man says YOU'RE ON YOUR WAY? OKAY, WE'LL SEE AGAIN. YEAH, THANKS SO MUCH FOR COMING IN.
A woman with curly hair says AS SOON AS YOU GUYS ARE READY WITH THE CASES, LET ME KNOW AND I CAN START PRINTING THEM.
The caption changes to "Davin Charney. Lawyer."
Davin is in his late thirties, with short straight brown hair and a beard. He wears a black suit, a pale yellow shirt, and a yellow and gray striped tie.
He says OKAY. IN RELATION TO THE G-20, I REPRESENTED AT LEAST 15 PEOPLE IN THE LAWSUITS AGAINST THE TORONTO POLICE SERVICE. [PHONE RINGING]
Davin says I ALWAYS TELL MY CLIENTS, WHEN THEY'RE CHARGED WITH A CRIMINAL OFFENSE, WIN OR LOSE, YOU ALWAYS LOSE. IF YOU'RE ARRESTED AND NOT CONVICTED, YOU ARE STILL PUNISHED THROUGH THE ARREST AND THE NIGHT IN JAIL AND THE HAVING TO FIND A LAWYER AND BEING PUT THROUGH THAT RINGER, THROUGH THE SYSTEM. JAIL CULTURE, IT'S NOT A NICE PLACE TO BE. IT'S NOT SUPPOSED TO BE A NICE PLACE TO BE. WHEN I'M TALKING WITH CLIENTS SOMETIMES AND THEY'RE ON THE OTHER SIDE OF THE GLASS, AND THEY TELL ME, YOU KNOW, YOU DON'T KNOW WHAT IT'S LIKE, AND I CAN TELL THEM, ACTUALLY, I DO KNOW WHAT IT'S LIKE TO BE THERE.
A picture of younger Devin appears with the caption "University of Waterloo, 2003."
Davin says I WAS PART OF A YOUTH GROUP AND WE OPENED UP A YOUTH CENTER IN DOWNTOWN KITCHENER. WE WERE MOBILIZING STREET YOUTH AROUND POLITICAL ISSUES, BUT WE WERE ALSO FEEDING PEOPLE AND TRYING TO ARRANGE FOR HOUSING. A LOT OF THE YOUTH THAT WERE COMING INTO THE CENTER WERE BEING ABUSED BY POLICE, VERBALLY, PHYSICALLY, AND SO WE STARTED A COP WATCH PATROL IN DOWNTOWN KITCHENER. ON ONE OF THESE COP WATCH PATROLS, IT'S ALLEGED THAT I GRABBED SOMEONE WHILE POLICE WERE ARRESTING HIM. THEN I'M ARRESTED FOR A FAIRLY MINOR OFFENSE, BUT THE CROWN PROSECUTORS TOOK IT VERY SERIOUSLY, REFUSED TO RELEASE ME. SO I WAS HELD AT MAPLEHURST DETENTION CENTER, WHICH IS A MAXIMUM SECURITY JAIL. I WAS THERE FIVE NIGHTS. I WAS ASSAULTED. I WAS RELEASED ON BAIL AND I WAS ACQUITTED AFTER A TRIAL, SO I WAS FOUND NOT GUILTY, AND THIS IS AN EXPERIENCE I THINK I SHARE WITH MANY PEOPLE IS THAT YOU DO THE TIME BUT YOU DON'T DO THE CRIME. ESSENTIALLY, I WAS FIRED FROM MY EMPLOYMENT, WHICH WAS A MAJOR CONSEQUENCE FOR ME, AND SO I DECIDED TO BECOME A LAWYER. I COULD SEE THAT THERE'S THE ABILITY AS A LAWYER TO DO GOOD WORK, TO DO SOCIAL JUSTICE WORK, AND BECAUSE I'M A SOLE PRACTITIONER,
At the office, he says I'M 35 percent OPTIMISTIC THAT HE'LL SETTLE.
The caption changes to "Antree Demakos. Lawyer arrest records specialist."
Antree is in her forties, with mid-length wavy brown hair and wears a black ruffled jacket and a statement necklace.
She says PEOPLE TEND NOT TO KNOW THE DIFFERENCE BETWEEN HAVING A CONVICTION AND HAVING ANY KIND OF A RECORD ON FILE, BUT IF THEIR CASE IS THROWN OUT OR IT'S DISMISSED, THEN THEY TEND THINK THEY DON'T HAVE A CRIMINAL RECORD OR THEY TRY TO FORGET ABOUT IT UNTIL IT POPS UP AT THE MOST INOPPORTUNE MOMENT, WHICH WOULD BE GETTING A POLICE CLEARANCE FOR A JOB, TRYING TO GET THEIR IMMIGRATION STATUS, TRYING TO CROSS THE BORDER AND BEING REFUSED, SO IT'S VERY FAR-REACHING AND LONG-LASTING, UNFORTUNATELY. [OMINOUS MUSIC]
The caption changes to "Cambridge, Ontario."
The caption changes to "Natasha Broomes."
Natasha is in her thirties, with long brown hair in dreadlocks and wears a white V-neck sweater.
She says I HAD WOKE UP AND DRIVEN MY SON TO WORK. ON MY WAY HOME, AS SOON AS I WENT TO OPEN MY FRONT DOOR, THERE WAS A BIG SPOTLIGHT SHONE ON ME, SO I LOOKED OVER AND I SAID, "IS THERE SOMETHING I CAN DO FOR YOU?"
Davin says I HAVE QUITE A NUMBER OF CASES OF RACIAL PROFILING, AND THIS CASE INVOLVING MRS. BROOMES IS A CASE OF DRIVING WHILE BLACK. [POLICE RADIO CHATTERING]
Davin says THE POLICE GET A CALL THAT THE SUSPECT IS A BLACK MAN IN A RED VEHICLE. ON THE WAY TO THE SCENE, POLICE SEE MRS. BROOMES, WHO IS A BLACK WOMAN DRIVING A MAROON-COLORED VEHICLE. THE SUSPECT IS BLACK AND THE POLICE GO AND ARREST THE CLOSEST BLACK PERSON. [POLICE RADIO CHATTERING]
Natasha says THE OFFICER SAID, "YOU'RE A SUSPECT, DO YOU HAVE ANY ID?" I ASKED HIM, "I'M NOT IN MY CAR, SO WHY DO YOU NEED MY ID? "YOU CALLED ME FROM MY DOORSTEP." HE SAYS, "WELL, OKAY, "NOW YOU'RE UNDER ARREST FOR NONCOMPLIANCE." I'M LIKE, "NONCOMPLIANCE OF WHAT?" "FOR NOT GIVING ME YOUR ID." I SAID, "YOU DIDN'T GIVE ME THE CHANCE TO GET MY ID." MY ID WAS IN MY CAR. A clip from the arrest rolls with the caption "Natasha manages to film her arrest."
The policeman twists her arm and says YOU NEED TO PUT YOUR HANDS BEHIND YOUR BACK.
Natasha says YOU NEED TO LET ME GO.
The officer says YOU NEED TO PUT YOUR HANDS BEHIND YOUR BACK.
Natasha says HAH, HOLY FUCK, AH! OH MY GOD, WHAT THE FUCK ARE YOU DOING TO ME? OW, OW!
The officer says YOU'RE UNDER ARREST FOR FAILING TO IDENTIFY YOURSELF.
Natasha says LET ME GO! YOU'RE HURTING ME, OW, YOU'RE HURTING ME! OW, OH MY GOD, BITCH, I JUST HAD SURGERY AND YOU'RE FUCKING WITH ME, LET ME GO! OH MY GOD, YOU NEED TO LET ME GO! OH MY GOD, OH MY GOD, YOU'RE HURTING ME! I JUST SAID THAT TO YOU! AND YOU'RE HURTING ME.
The clip ends.
Natasha says THEY PUT ME IN THE BACK OF THE GUY'S CAR. AND THE VERY FIRST THING HE SAYS TO ME IS, AND I WILL NEVER FORGET THIS, "I HOPE YOU KNOW YOU BROUGHT THIS ON YOURSELF. "ALL YOU HAD TO DO WAS GIVE ME YOUR ID." WHEN I SAID MY ID IS IN MY CAR, YOU DIDN'T WANNA LET ME GET IT, SO I'M NOT UNDERSTANDING HOW I'M NOT COMPLYING.
Davin says THE OFFICER IS USING THE HIGHWAY TRAFFIC ACT BY SUGGESTING, IF YOU DON'T SHOW ME IDENTIFICATION, WHICH YOU'RE REQUIRED TO DO UNDER THE HIGHWAY TRAFFIC ACT, I'M GONNA ARREST YOU. YOU CAN'T BE INVESTIGATING A CRIMINAL OFFENSE BUT THEN TRY TO SUGGEST, WELL, YOU'RE JUST PULLING SOMEONE OVER TO, YOU KNOW, CHECK THAT THEY HAVE A LICENSE.
David says IF YOU'RE OPERATING A MOTOR VEHICLE ON THE HIGHWAY, YOU ARE REQUIRED TO PRODUCE YOUR DRIVER'S LICENSE UPON DEMAND. ON THE OTHER HAND, SOMEBODY WALKING DOWN THE STREET CAN BE ASKED BY AN OFFICER, YOU KNOW, SHOW ME YOUR IDENTIFICATION, AND THEY CAN TELL THE OFFICER POLITELY TO GO JUMP IN THE LAKE OR NOT SO POLITELY.
Natasha watches her video.
She says WHAT THE FUCK ARE YOU DOING TO ME?
Natasha says WHEN I'M GOING TO CAMBRIDGE, AS SOON AS I GET CLOSE, MY BODY STARTS TO SHAKE. THE TEARS START TO ROLL. THE FIRST SIGN OF A POLICE OFFICER, I LITERALLY PEE MY PANTS LIKE A LITTLE GIRL.
The caption changes to "The Crown Prosecutor ultimately dropped the charges against Natasha Broomes."
Alok says THE HUMAN RIGHTS COMMISSION'S INTERIM REPORT ON ANTI-BLACK RACISM, AGAIN, IS THE MOST RECENT DOCUMENT. SHOWS THAT THERE WAS A PATTERN OF OVERCHARGING ON VERY SLIM GROUNDS. FOR EXAMPLE, BLACK PEOPLE, UNREASONABLY CHARGED. [MAN LAUGHING]
The caption changes to "Bracebridge, Ontario."
A Black man plays with his dog by a lake.
He says COME ON, DROP IT. DOLLAR, SHH.
The caption changes to "Nathan Salandy."
Nathan is in his thirties, with short curly brown hair and a stubble. He wears jeans, a blue sweater and a black jacket.
He says I GRABBED GROCERIES FROM THE CONVENIENCE STORE AND I DROVE JUST AROUND THE CORNER. WHEN I WAS GETTING INTO MY DRIVEWAY AND GRABBING STUFF OUT OF THE BACK SEAT, I NOTICED FLASHING LIGHTS COMING OVER THE HILL. A COP PULLS INTO THE DRIVEWAY AND HOPS OUT OF HIS CAR, RUNS UP TO ME, GRABS ME AND TELLS ME TO IDENTIFY AND I SAID, YOU KNOW, WHAT THE HELL DO YOU WANT? AND HE TOLD ME I NEED TO SEE SOME IDENTIFICATION. HE PULLED OUT HIS TASER AND POINTED IT IN MY FACE.
A shaky clip rolls.
Nathan says WHY DO YOU HAVE A TASER?
The officer says BECAUSE I'M GOING TO TAZE YOU. WHAT IS YOUR NAME?
Nathan says FOR WHAT, NOT PRODUCING ID?
The officer says YES!
Nathan says AND WHY DO YOU NEED MY IDENTIFICATION?
The officer says BECAUSE WE ARE LOOKING FOR A ROBBERY SUSPECT.
Nathan says I AM A BLACK GUY THAT DROVE BY SO I'M A ROBBERY SUSPECT, IS THAT WHAT IT IS?
The officer says I DON'T KNOW WHO YOU ARE.
Nathan says AND YOU DON'T NEED TO KNOW WHO I AM.
The officer says YES, I DO, WHAT IS YOUR NAME?
Nathan says YOU KNOW WHAT? I WAS BEING A NICE GENTLEMAN, DRIVING UP THE HILL, AND SMILING AT TWO OFFICERS PULLED OVER AT THE SIDE OF THE ROAD. IS THAT AGAINST THE LAW?
The officer says NO.
Nathan says SO THEN WHY DO YOU HAVE A TASER OUT, AND WHY ARE YOU ASSAULTING ME?
Now two more police officers joint them.
The officer says PUT YOUR HANDS BEHIND YOUR BACK. PUT YOUR HANDS BEHIND YOUR BACK.
Nathan says FUCK YOU!
The officer says YOU'RE UNDER ARREST. PUT YOUR HANDS BEHIND YOUR BACK.
Nathan says ARE YOU KIDDING ME, GUYS? I HOPE YOU KNOW MY ROOMMATE IS FILMING THIS WHOLE THING.
One of the other officers says WHAT AN ASSHOLE.
The first officer says GIVE HIM SOMETHING.
A third officer approaches the house and says OH, I'LL GIVE HIM SOMETHING. WHAT'S HIS NAME?
The roommate says I'M SORRY, I CAN'T GIVE IT TO YOU. HE REFUSED TO GIVE IT TO YOU, SO, I'M SORRY. IT'S NOTHING AGAINST YOU, I DON'T WANNA...
The first officer says SIR, WE'RE INVESTIGATING A ROBBERY DOWNTOWN. YOU MATCHED THE DESCRIPTION.
Nathan says I DO NOT. I HEARD THE DESCRIPTION ON THE RADIO I WEAR NOTHING CLOSE TO WHAT THEY WERE WEARING.
Officer says SO THAT'S WHY YOU'RE BEING DETAINED.
Nathan says I DROVE BY. I'M A NORMAL CITIZEN IN THIS TOWN.
The first officer says YEAH, SO YOU JUST HAD TO SHOW ME YOUR IDENTIFICATION.
Nathan says AND YOU DIDN'T HAVE TO PULL OUT A TASER GUN.
The officer says YES, I DID!
Nathan says YOU DON'T HAVE TO DO ANYTHING TO ME!
A cop says WHATEVER I SAY DOESN'T MATTER...
The roommate says YEAH, IT'S HAPPENED TO HIM BEFORE, TO DRIVE WHILE BLACK AND GET ABUSED.
NO, THAT'S NOT WHAT...
The roommate says NO, NO, BUT I JUST SAW IT WAS STARTING TO GET HEATED UP AND I TOOK THE PHONE OUT JUST FOR THE RECORD, THAT'S ALL.
Another officer says ALL HE HAD TO DO IS SAY, "MY NAME IS NATHAN SALANDY."
The roommate says YEAH, YEAH, NO.
The first officer lets Nathan go and says TAKE CARE, SIR, ENJOY YOUR EVENING. THANKS FOR YOUR COOPERATION.
Nathan walks towards his roommate and says IF YOU CAN SEND THAT TO ME, I'M GONNA GO RIGHT NOW. [DOG WHINING]
The roommate is in his thirties, with short straight brown hair and a beard. He wears a red T-shirt and a black hooded jacket.
He says I TOOK THE CAMERA OUT MOSTLY, LIKE, FOR SECURITY FOR YOU. I KNEW HE WASN'T GONNA DO ANYTHING CRAZY IF HE WAS BEING FILMED. BASICALLY, THAT WAS MOSTLY THE REASON I TOOK THE CAMERA OUT.
Nathan says DO YOU THINK THAT IF IT WASN'T BEING FILMED THAT SOMETHING WORSE MIGHT HAVE HAPPENED TO ME?
The roommate says YEAH.
Nathan says WELL, I APPRECIATE THAT. [SOMBER MUSIC]
Nathan says WHEN NOVEMBER, FOLLOWING THE INCIDENT WITH THE TASER, I WENT IN TO RENT A TRAILER FROM THIS LOCATION, SO THAT SARAH, THE GIRLFRIEND THAT I MET, CAN MOVE HER THINGS INTO MY HOME. I'D ASKED THAT IT BE PREPARED FOR US AND WHEN WE ARRIVED, NONE OF THAT AS PROMISED WAS TAKEN CARE OF, AND WE WERE CONFRONTED WITH QUITE A BIT OF HOSTILITY. I WAS TREATED DIFFERENTLY THAN I FEEL A NORMAL CUSTOMER WOULD HAVE BEEN TREATED. REGARDLESS, THE MANAGER OF THAT LOCATION CAME OUT OF THE BACK AND, YOU KNOW, THREATENED ME OUT OF THIS BUSINESS AND CALLED THE POLICE.
A recording of the call plays.
An officer says ONTARIO PROVINCIAL POLICE, WHAT IS YOUR EMERGENCY?
The manager says I GOT A GUY IN HERE WHO WON'T LEAVE THE OFFICE.
Nathan says I DON'T CARE WHAT YOU THINK OF ME. I DIDN'T DO ANYTHING ILLEGAL! I CAME TO PICK UP A PRODUCT THAT YOU WERE SUPPOSED TO BE PROVIDING FOR ME AND YOU'RE KICKING ME OUT OF YOUR ESTABLISHMENT.
The manager says YOU'RE AN ASSHOLE.
Nathan says I DON'T CARE WHAT I AM. I DON'T CARE WHAT YOUR OPINION IS.
The manager says GET OUT.
Nathan says YOU GUYS CAN'T EVEN RUN A BUSINESS LIKE A PROFESSIONAL.
The manager says YOU SPIT IN MY FACE AGAIN, I'LL FUCKING FLATTEN YOU.
Nathan says I DIDN'T SPIT IN YOUR FACE.
A male voice says SIR, DON'T EVEN ENGAGE WITH HIM.
A female voice says COME IN, 303. MALE REFUSING TO LEAVE, CAN HEAR ARGUING IN THE BACKGROUND. I DO HAVE IT LISTED AS POTENTIAL FOR VIOLENCE. HE ALSO SPIT IN THE CALLER'S FACE.
Nathan says THE NEXT DAY, I WAS CALLED BY THE POLICE TO COME AND SIGN SOME FORMS TO BE CHARGED WITH ASSAULT. I GUESS, DURING THE COURSE OF OUR CONVERSATION, IN THAT CONFRONTATION, I WAS YELLING SOMETHING AT THE GUY AND HE PERCEIVED THE SPIT THAT CAME FROM MY MOUTH AS INTENTIONAL.
The caption changes to "Nathan is charged with assault-spitting. Davin Charney is taking the case.
The play the call at Davin's office.
[EMERGENCY CALL INDISTINCTLY PLAYING]
The manager says YOU SPIT IN MY FACE AGAIN, I'LL FUCKING FLATTEN YOU.
Nathan says I DIDN'T DO ANYTHING ILLEGAL!
Nathan says ALL RIGHT, YOU CAN HEAR ME GETTING LOUDER.
Davin says YEAH.
Nathan says THAT'S WHEN I TURN AROUND AND SAY, "OKAY, YOU CAN'T EVEN "RUN YOUR BUSINESS LIKE A PROFESSIONAL." WHILE I SAY PROFESSIONAL, I GUESS SPITTLE CAME FROM MY MOUTH AND THAT TRIGGERS HIM AND HE GOES AND RAISES HIS FIST AND HE SAYS, "OH, YOU FUCKING SPIT IN MY FACE AGAIN, "I'LL FUCKING FLATTEN YOU." AND YOU KNOW, THAT'S WHAT I WAS TELLING THE OFFICER. THAT, FOR ME, WAS A TRIGGERING EVENT AND I FELT ASSAULTED BECAUSE I HAD JUST HAD A WEAPON PUT IN MY FACE AND I FELT LIKE IT WAS EARLIER IN THE YEAR.
Davin says MR. SALANDY'S LINKING IS LATER ARREST WITH THE EARLIER ARREST, WHERE HE'S THREATENED TO BE TASERED, AND IT'S HIS POINT OF VIEW THAT HE'S ARRESTED LATER ON BECAUSE HE'S BEING TARGETED. WHAT SEEMS TO BE THE CASE THAT IT'S THAT INCIDENT ALONG WITH YOUR SUBSEQUENT POLICE COMPLAINT THAT THEN MAKES YOU, QUOTE UNQUOTE, WELL KNOWN TO THE POLICE.
Nathan says THIS IS WHY I FEEL I WAS BEING TARGETED.
Davin says THAT'S, YOU KNOW, ONE OF THE THINGS THAT I'LL TALK TO THE CROWN ABOUT. THE POTENTIAL THAT THERE'S SOME MALICE IN YOUR CASE HERE.
Davin says AS YOU KNOW, WE HAVE A TRIAL SCHEDULED FOR FEBRUARY. WE'VE BEEN LITIGATING THIS CASE FOR, IT'S COMING UP TO SEVEN YEARS. IN FACT, WE'RE ABOUT TWO WEEKS AWAY FROM SEVEN YEARS SINCE THE RAID.
A black woman in Davin's office says YEAH. [TENSE MUSIC]
The caption changes to "December 13th, 2011."
A clip courtesy of Global News rolls.
A reporter says ABOUT 400 HEAVILY ARMED TACTICAL OFFICERS FROM THE GTA ONTARIO, ALBERTA, AND BC BEGAN ARRESTING SUSPECTS BEFORE DAWN THIS MORNING, KNOWN AS PROJECT MARVEL.
The caption changes to "Pamela Markland."
Pamela is in her forties, wears a purple top, a black jacket, a lavender statement necklace, earrings and a black lace bandana.
She says HERE I AM IN MY LIVING ROOM, SLEEPING, AND I HEAR THE DOOR FALLING IN FRONT OF ME AND I SEE MAYBE 10 POLICE OFFICERS WITH GUNS POINTING AT ME IN MY HOUSE. MY KIDS ARE UPSTAIRS, SCREAMING, DOWNSTAIRS, SCREAMING. I'M LIKE, WOW.
A CHCH News clip rolls.
The reporter says ONE OF THE NEIGHBORHOODS WHICH POLICE TRAVELED WAS THIS ONE IN HAMILTON, WHERE PAMELA, A SINGLE MOTHER OF SIX CHILDREN, DECLARED POLICE KICKED IN THE WRONG DOOR.
Pamela says I WAS HANDCUFFED. MY DAUGHTERS WERE HANDCUFFED. MY SON WHO IS NINE YEARS OLD WHO IS AUTISTIC WAS TERRIFIED. MY EIGHT-YEAR-OLD TWINS WERE TERRIFIED. THIS IS THE WORST THING WE'VE EVER BEEN THROUGH.
The reporter says INVESTIGATORS WERE MAKING NO APOLOGIES.
The caption changes to "Bill Blair. Toronto Police Commissioner."
Bill is in his late forties, with short gray hair and wears a police uniform.
He says WELL, WE HAVE A DIFFERENT PERSPECTIVE ON THE EXECUTION OF THE SEARCH WARRANTS.
Davin says THIS IS NOT POLICE KNOCKING ON THE DOOR AND CAN WE HAVE A LOOK? IT'S A REALLY INTENSE MILITARY STYLE INVASION INTO A PERSON'S HOME. YOU CAN BE A LAWFUL PRODUCTIVE MEMBER OF SOCIETY AND YOU CAN STILL HAVE A VERY TERRIBLE EXPERIENCE WHERE THE POLICE BREAK INTO YOUR HOME AND ARREST YOU AND PUT YOU IN HANDCUFFS AND PUT YOUR CHILDREN IN HANDCUFFS AND THEN WALKING OUT OF THE HOUSE A COUPLE OF HOURS LATER. NO ONE GETS CHARGED. THEY DON'T COMPENSATE YOU FOR WRONGFULLY ENTERING YOUR HOME AND DAMAGING YOUR PROPERTY, AND IN HER SITUATION, IT WAS REALLY DEVASTATING. FAMILIES CAN BE TRAUMATIZED. THEIR KIDS WERE AFRAID TO STAY THERE, AND MRS. MARKLAND MADE THE DECISION THAT SHE WAS GONNA MOVE IMMEDIATELY THEY NEVER WENT BACK TO THE HOME.
A picture appears with the caption "Pamela and children in shelter after the raid."
The caption changes to "Pamela Markland sues the Hamilton and Toronto Police in 2012."
A clip from a protest rolls with the caption "Cop watch protest, February 2012."
Pamela says NO APOLOGY, THAT'S WHAT YOU SAY? OH YEAH, ONE DAY, YOU'RE GONNA PAY. [CROWD SCREAMING]
A reporter says AND CAN YOU JUST TELL US YOUR NAME?
The caption changes to "Faith Markland. February 2012."
Faith says MY NAME IS FAITH.
The reporter says AND YOUR LAST NAME?
Faith says MARKLAND.
The reporter says OKAY, AND HOW OLD ARE YOU, FAITH?
Faith says I'M EIGHT YEARS OLD.
The reporter says WHAT DID THE POLICE LOOK LIKE?
Faith says THEY DIDN'T LOOK LIKE POLICE. THEY DIDN'T HAVE THEIR REAL UNIFORM. THEY HAD GUNS POINTED AT OUR FACES.
The reporter says OKAY, WHEN DID THAT HAPPEN?
Faith says AS SOON AS THEY CAME IN.
The reporter says AND WHAT DO YOU MEAN, THEY HAD GUNS POINTED AT YOUR FACE? WHAT DOES THAT MEAN?
Faith says THEY HAD GUNS LIKE THAT AND THEY WERE LIKE, WHERE YOU ARE, AND DOWN BY THE STAIRS AND THEIR HAND WAS ON THE KIND OF TRIGGER PART, AND IF ANY OF US RAN, THEY COULD HAVE JUST SHOT US. IT WAS REALLY SCARY FOR ME. [EMOTIONAL MUSIC]
A clip rolls with the caption "Faith Markland. 7 years later."
Faith is now in her mid-teens and has long braided brown hair and wears a red sweater and a black headband.
In the kitchen, Pamela says GOOD, DON'T PUT A LOT OF WATER JUST FOR ONE CUP OF TEA.
Faith says I'M GONNA HAVE SOME TOO.
Pamela says OKAY.
Faith says IT WAS VERY SCARY BECAUSE EVER SINCE THAT DAY, I CAN'T SLEEP BY MYSELF ANYMORE. I'VE NEVER SLEPT NOT A NIGHT BY MYSELF.
The interviewer says AND WHY IS THAT?
Faith says BECAUSE I'M JUST AFRAID OF IT HAPPENING AGAIN.
Pamela talks to his son and says FIX YOUR PANTS DOWN THERE, PULL IT DOWN. FIX IT, YEAH, GOOD. THE POLICE LEAVE AND I GET THE KIDS OFF TO SCHOOL, BUT WHEN I GO TO THE SCHOOL, THE PRINCIPAL SAYS TO ME, "WOW, "YOU'VE CREATED QUITE A BIT OF CHAOS. "I HAVE TO CHECK TO SEE IF YOU CAN HAVE THEM." I SAID, "WHAT? I SAID, "GET MY KIDS NOW."
At the table, Pamela says THANK YOU, LORD, FOR THIS FOOD, AND JESUS. AMEN.
Faith says AMEN.
The boy says AMEN.
Pamela says I'M GOING TO GOOGLE MY NAME JUST TO SEE WHAT COMES UP WHEN EMPLOYERS OR ANYBODY WANTS TO GOOGLE ME. AND LOOK WHAT COMES UP, "RAID VICTIM DEMANDS ANSWERS AFTER POLICE STAMPEDE INTO HOME." AND IT SAYS RELATED CONTENT, THERE WE SEE A NICE PICTURE OF TORONTO POLICE CHIEF BILL BLAIR SAYING HE HAS INQUIRED ABOUT THE HAMILTON INCIDENT. HE SAID THAT HE HAS BEEN ASSURED BY HIS INVESTIGATORS THAT SUPPORTING EVIDENCE WOULD BE PRESENTED IN THE COURTS AND IT ALSO SAYS HERE TORONTO POLICE DISAGREE A MISTAKE WAS MADE. YEAH. NOW I'M GONNA GOOGLE MY DAUGHTER DANIELLE. OH, LOOK WHAT COMES UP. FIRST STORY, RAID VICTIM DEMANDS ANSWERS. THAT'S A LEGACY THAT'S GOING TO FOLLOW HER. BOTH DEASHA AND DANIELLE WERE TRYING TO FIND AN APARTMENT AND THEY WERE ASKED ABOUT THE RAID. DANIELLE ALSO WENT OUT ON A DATE WITH A LAWYER AND HE HAD GOOGLED HER NAME AND HEARD ABOUT THIS RAID AS WELL, SO IT'S DEFINITELY SOMETHING THAT'S GONNA FOLLOW MY CHILDREN AND GONNA QUESTION THE INTEGRITY.
Davin says THE FAMILY IS LEFT WITH THE DEVASTATING CONSEQUENCE OF THE FACT THAT THEIR REPUTATION HAS BEEN DAMAGED AND IT'S MORE SO DAMAGED BECAUSE PEOPLE HOLD STEREOTYPICAL VIEWS ABOUT BLACK PEOPLE AND THIS BLACK FAMILY AND SO THAT'S BEEN ONE OF THE REAL STRUGGLES IN THE MARKLAND CASE IS TO TRY TO RESTORE THE REPUTATION OF THE FAMILY. QUITE OFTEN, WHEN THE POLICE ARE ABUSING THEIR AUTHORITY, THEY'RE NOT ABUSING THEIR AUTHORITY AGAINST PARTIES THAT ARE POWERFUL AND PRIVILEGED. THEY'RE WRONGFULLY ARRESTING PEOPLE THAT ARE MUCH LESS LIKELY NOT TO BE ABLE TO HIRE A LAWYER AND THEREFORE ARE GOING TO BE INCLINED TO SIMPLY PLEAD GUILTY. POOR PEOPLE ARE OVERLY REPRESENTED AT EVERY STAGE. THERE ARE MORE GETTING ARRESTED, THERE ARE MORE BEING DENIED BAIL, THERE ARE MORE BEING PROSECUTED AND TAKEN TO TRIAL AS OPPOSED TO THEIR CHARGES SIMPLY BEING WITHDRAWN.
The caption changes to "Lindsay, Ontario."
The caption changes to "Sandy Mate."
Sandy is in her forties, with straight brown hair in a bun and wears glasses, a black V-neck sweater and a headscarf.
She says WE WERE ALL HAVING A GOOD TIME DANCING AROUND TO DEAN MARTIN AND THERE WAS A KNOCK AT THE DOOR AND SOMEBODY WENT AND ANSWERED IT AND THEY SAID IT WAS A COP, SO I WENT, I DON'T BELIEVE YOU, RIGHT? IT'S LIKE EIGHT O'CLOCK, BRIGHT AS CAN BE OUT, SO I WENT TO THE DOOR AND IT WAS THE COPS. THEY WERE THERE FOR A NOISE COMPLAINT.
Davin says SANDY WAS HAVING A PARTY. THE POLICE, INSTEAD OF STANDING OUT IN THE HALLWAY AS THEY SHOULD HAVE IN ACCORDANCE WITH THE LAW, DECIDED TO COME INTO HER APARTMENT. WHEN SHE OBJECTED TO THAT VOCALLY, SHE'S ARRESTED FOR CAUSING A DISTURBANCE INSIDE OF HER OWN HOME.
Sandy says THEY DRAGGED ME DOWN MY HALLWAY IN FRONT OF MY NEIGHBORS UNTIL MY SHORTS CAME OFF, AND THEN IN MY UNDERWEAR, PUT ME IN THE BACK OF THE CRUISER. [OFFICERS TALKING INDISTINCTLY]
A clip from the police station cameras show two officers bring Sandy in in her underwear.
One of the officers says OKAY, JUST LISTEN TO ME.
Sandy says I'M NOT CAUSING A DISTURBANCE. I WILL DO WHATEVER YOU SAY.
The officer says ALL RIGHT, LET'S JUST GET THINGS CALMED DOWN HERE. YOU'RE HERE FOR BREACH OF THE PEACE. WHETHER YOU AGREE WITH THAT OR NOT, THAT'S WHAT YOU'RE HERE FOR, OKAY?
The other cop says DON'T LOOK AT THAT OFFICER, OKAY?
Sandy says DO YOU REALLY THINK I'M THAT MUCH OF A THREAT?
The first cop says SANDRA, SANDRA, YOUR DATE OF BIRTH PLEASE?
Sandy says MARCH 23RD, '65. DO YOU REALLY THINK I'M THAT MUCH OF A THREAT?
The second cop pushes her against the desk and shouts at her, as Sandy does not resists.
[OFFICER SHOUTING INDISTINCTLY]
The cop says STOP IT!
Sandy says NO, I WON'T.
The cop keeps pushing her and says STOP IT!
Sandy says NO, I WON'T. [OFFICERS TALKING INDISTINCTLY] [RADIO CHATTERING]
A female officer walks in.
The first cop says SANDRA.
The woman cop says RELAX!
The first cop says YOU GOT HER THERE, GUYS? JUST HOLD HER THERE UNTIL SHE ANSWERS MY QUESTIONS. SANDRA, DO YOU HAVE ANY MEDICAL CONDITIONS I SHOULD BE AWARE OF WHILE YOU'RE HERE?
Later in a cell, Sandra takes off her top, wraps it around her neck and ties it to a cell bar, trying to hang herself.
The first cop says WHAT ARE YOU DOING? TURN HER AROUND.
The officers open the cell and take her out.
Sandy says I WAS CALLING FOR HELP, HOPING THAT THEY WOULD SAY, YOU KNOW WHAT, SHE'S CRAZY. WE'RE JUST GONNA TAKE HER TO THE HOSPITAL AND LET THEM DEAL WITH HER. YOU'RE TREATED WITH RESPECT AT MY LOCAL HOSPITAL. THEY WOULD HAVE PUT ME ON THE PSYCH WARD. THEY WOULD HAVE EVALUATED ME. THEY WOULD HAVE TALKED TO ME AND FIND OUT WHAT'S GOING ON WITH HER, OKAY? AND THEY WOULD HAVE GOTTEN ME SOME HELP.
The cops take the sweater with them and leave Sandra naked in the cell.
A fourth cop says HM, WOW.
A cop says I'M GETTING HUNGRY.
Another one says YOU'VE GOTTA BE KIDDING ME.
A cop says I'M GONNA DRAW THE LINE HERE.
The female cop says WHAT?
The first cop says THAT WAS JUST INSANE.
Sandy says THESE GUYS THOUGHT THAT RIPPING MY CLOTHES OFF AND LEAVING ME NAKED LIKE THAT WHILE THEY HAVE A LAUGH IN THE BACK THAT THAT WAS OKAY.
A cop says I'M GONNA GO CHECK AND MAKE SURE I LOCKED UP PROPERLY FOR INSURANCE.
The caption changes to "Five hours later."
Another officer hands her a jumpsuit and a blanket.
Sandy says AND I WAS LEFT THAT WAY UNTIL ABOUT FIVE IN THE MORNING AND THEN I FINALLY GOT A BLANKET FROM A SERGEANT. HE WAS AN OLDER GENTLEMAN AND THEN THEY RELEASED ME WITH NO CHARGES. YOU KNOW WHAT? WOULD YOU TREAT YOUR SISTER OR YOUR MOM OR YOUR AUNT? AND I WAS THAT, I WAS SOMEBODY'S DAUGHTER. I'M NOT A VIOLENT PERSON. WHEN I GOT HOME, I FELT LIKE KILLING MYSELF. I WAS GONNA GET A ROPE AND HANG IT MYSELF RIGHT FROM MY APARTMENT. THAT MORNING, I DIDN'T WANT TO LIVE ANYMORE BECAUSE THEY HUMILIATED ME, THEY ALL SAW ME NAKED. I DIDN'T WANT PEOPLE LOOKING AT ME ANYMORE.
David says IF SOMEBODY IS TRYING TO HANG THEMSELVES, THEN OBVIOUSLY AN AGGRESSIVE INTERVENTION MEANS REMOVING THE OBJECT THAT THEY WERE USING TO SELF HARM. IT MAY MEAN TAKING THEM TO A HOSPITAL FOR AN ASSESSMENT. A BEST PRACTICE IS TO ERR ON THE SIDE OF CAUTION.
Davin says IF YOU HAVE REASONABLE GROUNDS TO BELIEVE THEY'RE SUICIDAL, YOU SHOULD TAKE THEM TO A HOSPITAL, BUT TO LEAVE THEM NAKED AND HELPLESS IN THE CELL FOR UP TO FIVE HOURS, IT'S TERRIFYING. [SOMBER MUSIC]
The caption changes to "Davin Charney sues the police on behalf of Sandy."
Davin says IF YOU WANNA JUST COME SIT WITH ME FOR A MINUTE, I'LL JUST GO THROUGH WHAT I'M GONNA TAKE TO THE CROWN.
The caption changes to "The Crown Prosecutor is about to call Davin for a plea deal in Nathan's assault-spitting case."
Davin says THE CROWN HAS OFFERED WHAT THEY CALL DIVERSION, WHICH IS WHERE A PERSON ACCEPTS RESPONSIBILITY FOR WHAT HAPPENED. IF YOU ACCEPT DIVERSION, THAT MEANS THAT THE CHARGE IS WITHDRAWN AND YOU DON'T HAVE A CRIMINAL RECORD, AND A LOT OF PEOPLE WILL DO THAT, EVEN IF THEY FEEL THAT THEY DID NOTHING WRONG. THEY'LL TAKE DIVERSION, THEY'LL ACCEPT RESPONSIBILITY, BECAUSE THE ALTERNATIVE IS TO GO TO TRIAL AND RISK BEING WRONGFULLY CONVICTED AND OFTEN PEOPLE DON'T HAVE MONEY TO PURSUE A TRIAL.
Nathan says IF I AGREE TO SOMETHING THAT I BELIEVE TO BE WRONG, THAT TO ME IS AN ETERNAL PRISON. I'M GOING TO BE LIVING WITH THAT EVERY DAY OF MY LIFE.
Davin says I THINK THERE'S AN INHERENT INERTIA IN THE SYSTEM THAT IF THE POLICE CHARGE YOU, THAT THEY WANNA CONTINUE WITH THAT AND THEY DON'T JUST WANT TO WITHDRAW IT ENTIRELY BECAUSE THAT MIGHT SUGGEST THAT THE POLICE GOT IT WRONG, SO I'M THINKING, BASED ON OUR DISCUSSION AND WHAT WE'RE HEARING FROM THE CROWN, THAT WE'RE GONNA DO IT THE HARD WAY AND WE'RE GONNA HAVE A TRIAL AND HOPEFULLY PERSUADE THE JUDGE THAT YOU DID NOT DO ANYTHING CRIMINAL, BUT IN FACT, THEY MAY SUGGEST THAT YOU WERE THE VICTIM OF A CRIME IN THE CIRCUMSTANCE OF BEING THREATENED. [GENTLE MUSIC]
The caption changes to "Markham, Ontario."
An older man plays with a little girl and says YOU WANT TO BREAK MY FINGER DOWN.
Davin says IN THIS PARTICULAR CASE, WE'RE DEALING WITH AN ELDERLY MAN. A MAN WHO DOESN'T HAVE A RECORD. YOU'D ASK A QUESTION WHETHER OR NOT IT'S EASY TO GET ARRESTED. FOR MR. CEDANO, IT BECAME VERY CLEAR THAT NIGHT. IT'S VERY EASY TO GET ARRESTED. [POLICE RADIO CHATTERING]
Davin says IT WAS A SUNDAY NIGHT. HE HAD BEEN ASLEEP AND HE WAS WOKEN UP BY THE SOUND OF FIRE TRUCKS IN HIS NEIGHBORHOOD.
On his driveway, Mister Cedano says YEAH, I COME HERE. THE HOUSE ON FIRE WAS THERE AND I SAW THE FIREFIGHTER START BREAKING THE WINDOW AND A BUNCH OF SMOKE STARTED COMING OUT.
The caption changes to "Andres Cedano."
Andres is in his sixties, with short wavy gray hair and a moustache. He wears jeans, a dark gray sweater and a gray, black and red jacket.
Davin says A POLICE OFFICER APPROACHED HIM AND TOLD HIM GO BACK INTO YOUR HOUSE. INITIALLY HE DID, BUT THEN DECIDED THAT HE DIDN'T WANT TO BE IN HIS HOUSE BECAUSE HE WAS CONCERNED BECAUSE HIS NEIGHBOR'S HOUSE IS BURNING DOWN. HE QUESTIONED THE POLICE OFFICER AND VERY QUICKLY, THIS ESCALATED INTO A SITUATION WHERE THE POLICE OFFICER WAS THROWING HIM ON THE GROUND, PUTTING AN ELBOW INTO THE BACK OF HIS HEAD, PUSHING HIS FACE AGAINST THE GROUND.
Pictures of Andrew with black eyes and forehead appears.
A recording rolls.
A male voice says ANDRES, ANDRES, YOU NEED TO DROP THIS STUFF.
Andres says I HAVE BEEN ABUSED IN FRONT OF MY FUCKING HOUSE!
The male voice says ANDRES, I NEED YOU TO GET IN THE CAR FOR ME, OKAY?
Andres says OKAY, IN WE GO.
Another male voice says SO WE'RE GONNA GET YOU AN AMBULANCE. [ANDRES GROANING]
Inside the car, Andres says I NEED A FUCKING AMBULANCE! I NEED TO GO TO A HOSPITAL. HE FUCKED MY HEAD, HE HURT ME.
A male voice says ANDRES, WE GOT THE PARAMEDICS HERE. THEY'RE GONNA LOOK, HEY, I DIDN'T TELL YOU TO GET OUT. ARE YOU GONNA COOPERATE? OKAY, THEY'RE GONNA LOOK AT YOUR FACE. IF YOU DON'T COOPERATE, I'M GONNA TAKE YOU DOWN AGAIN. DO YOU WANT THAT?
Andres says YOU CAN TAKE ME WHEREVER YOU WANT.
The voice says STAND THERE, OKAY?
Andres says YOU DON'T PUSH ME, PLEASE.
The male voice says ACTUALLY, YOU'RE UNDER ARREST RIGHT NOW.
Andres says YEAH, YOU DON'T HAVE TO PUSH ME!
Another male voice says YOU'RE NOT INJURED ANYWHERE ELSE?
Andres says BESIDE MY RIBS, HE PUNCHED ME. BESIDE MY HEAD, HE PUT ME ON THE GROUND.
The male voice says DO YOU WANNA GO TO THE HOSPITAL TO GET LOOKED AT? YOU DO WANNA GO?
Andres says YEAH. WHY DO YOU HAVE TO PUSH ME?
The first male voice says BECAUSE YOU'RE UNDER ARREST.
Andres says YOU DON'T HAVE TO PUSH ME. YOU DON'T HAVE TO PUSH ME! I NEED TO SEE ON HERE, TELL HIM! WHY DO YOU HAVE TO PUSH ME LIKE THAT?
The officer says SIT DOWN, WE'RE GONNA DISCUSS HOW WE'RE GOING TO TAKE YOU TO THE HOSPITAL. DO YOU UNDERSTAND? STOP RESISTING!
Andres says YES, BUT YOU DON'T HAVE TO PUSH! I'M NOT RESISTING!
Davin says MR. CEDANO WAS CHARGED WITH BEING INTOXICATED IN A PUBLIC PLACE, BUT HE'S ARRESTED ON HIS DRIVEWAY, SO IT'S THE DRIVEWAY IS NOT A PUBLIC PLACE, AND ALSO, IT'S CLEAR IN THE LAW THAT IN ORDER TO MEET THE STANDARD OF INTOXICATION, THEY HAVE TO BE EXTREMELY INTOXICATED. THEY HAVE TO BE FALLING OVER DRUNK AND HE WASN'T ANYWHERE CLOSE TO THAT.
THE CHARGES WERE PROVINCIAL OFFENSES, WHICH WERE ULTIMATELY WITHDRAWN, SO HE MADE A COMPLAINT. HE ALSO FILED A LAWSUIT, WHICH IS STILL OUTSTANDING.
Andres says LIVING IN VENEZUELA, LIVING IN TRINIDAD, LIVING IN NEW YORK, NOTHING EVER HAPPENED TO ME. THIS WAS A SAFE PLACE, IT'S A NICE PLACE, A GOOD PLACE. I MOVED HERE WITH ALL MY CHILDREN. I LOST TRUST IN JUSTICE.
The caption changes to "Today police lawyers will depose Pamela Markland and her children to prepare their case and cross-examination for the civil trial."
In a cab, a man says HOW ARE YOU GUYS FEELING?
Pamela says HOPEFUL, VERY HOPEFUL. IT'D BE NICE IF TODAY'S THE LAST DAY I HAVE TO FIGHT FOR WHAT SHOULD HAVE BEEN GIVEN A LONG TIME AGO. IS THERE A PROBLEM?
Faith says NO.
Pamela says I'M NOT ALLOWED TO EXPRESS MYSELF. THAT'S WHY YOU'RE PULLING AWAY?
Faith says NO, YOUR HAND'S ON MY LEGS AND IT'S LIKE THIS.
Pamela says IT WAS?
Faith says YOU DON'T EVEN KNOW YOU'RE DOING IT. [PAMELA LAUGHING]
Pamela says I GUESS THAT'S WHERE MY STRESS IS COMING OUT, EH? SORRY.
At an office, a woman says OKAY, THE KIDS HAVE ARRIVED, SO WHENEVER YOU'RE READY.
Faith says YOUR HAIR LOOKS PRETTY, TOO.
Pamela says OKAY, GIRLS, LET'S GATHER TOGETHER. WE'RE GONNA HAVE A MOMENT OF PRAYER. ALL RIGHT, YOU LOOK GREAT.
Pamela's elder daughter says THANKS.
Pamela says I JUST WANNA THANK GOD FOR THIS DAY. THANK GOD FOR EACH OTHER. THANK GOD THAT HE WILL SEND HIS SPIRIT TO TELL US AND TEACH US WHAT TO SAY, WHAT NOT TO SAY, AND THAT HE WILL BE WITH US IN THIS TRIAL THAT WE'RE GOING THROUGH AND WE WILL GIVE US VICTORY OVER OUR OPPRESSOR IN THE NAME OF JESUS, AMEN.
The girls say AMEN.
Pamela says YOU BROUGHT THE FOOD?
Pamela's elder daughter says YEAH, I'M HUNGRY. I HAVE TO GO TO WORK RIGHT AFTER THIS, SO.
Davin says JUST TO GO OVER THE BASICS, THEY'RE GOING TO ASK YOU ABOUT, OF COURSE, HOW DID THIS ALL IMPACT YOU AND THE DYNAMIC IN THE FAMILY. DON'T BE AFRAID TO BE EMOTIONAL. DON'T BE AFRAID TO CRY.
Pamela says SWEAR?
Davin says I THINK SWEARING IS FINE. DON'T SWEAR AT THE LAWYER, OBVIOUSLY, BUT WE WANNA GIVE THEM A TRUTHFUL REPRESENTATION OF THE FACT THAT THIS HAS REALLY IMPACTED YOUR FAMILY. DON'T BE AFRAID TO USE, YOU KNOW, THE R WORD, YOU KNOW? TO TALK ABOUT THE RACISM. THE REALITY IS THIS KIND OF ACTION IMPACTS YOU DIFFERENTLY THAN IT DOES A WHITE MIDDLE CLASS FAMILY AND HOW PEOPLE MIGHT JUDGE YOU.
Pamela says YOU'RE INVOLVED WITH A RAID AND YOU'RE BLACK. DID YOU HAVE SOMETHING TO SAY, DEASHA?
Deasha says I DON'T WANT TO TALK ABOUT BEING BLACK ANYMORE. CAN WE TALK ABOUT SOMETHING ELSE?
Pamela says ARE YOU GONNA SAY THAT WHEN YOU GO IN THERE?
Deasha says YEAH, BUT LIKE, I ALREADY KNOW THAT. LIKE, WE DON'T HAVE TO TALK ABOUT IT, WE ALREADY KNOW.
Davin says WELL, BECAUSE WE WENT OVER STUFF A BIT MORE LAST NIGHT. SO, ALL RIGHT, I MEAN, YOU CAN SEE SOME OF THE STRESSES PLAY THEMSELVES OUT JUST AT THESE MEETING.
Deasha says IT'S JUST BECAUSE WE ALREADY KNOW THAT. YOU'RE ACTING LIKE IT'S NOT ON OUR MINDS ALL THE TIME. WE ALREADY KNOW THAT.
Pamela says WHAT'S GOING ON?
Deasha says BECAUSE IT REALLY APPLIES TO ME AND I JUST DON'T WANT TO TALK ABOUT IT.
Pamela says REMEMBER EVERYTHING YOU'VE BEEN THROUGH BECAUSE OF THIS.
Deasha says WE KNOW, WE CAN'T FORGET, OUR LIVES ARE RUINED. [DEASHA LAUGHING]
Pamela says AND IT'S A LAUGHING MATTER, DEASHA?
Deasha DO YOU NEED A HUG?
Another girl says MOM, SOME PEOPLE RELEASE THEIR STRESS IN A LAUGHING MATTER. SOME PEOPLE CRY, SOME PEOPLE LAUGH, SOME PEOPLE HURT OTHER PEOPLE.
Deasha says YOU'RE ACTING LIKE WE DON'T KNOW, MOM. WE KNOW, WE ARE THE ONES WHO KNOW.
Pamela says DO YOU THINK THAT'S MY POSITION AS A MOM TO SAY THAT?
The older daughter says I THINK WHAT DEASHA MEANS TO SAY IS SHE ALREADY EXPERIENCES IT EVERY DAY. THAT'S HER REALITY. IF SHE WANTS TO WORK AS A PROBATION OFFICER, CORRECTION OFFICER.
Pamela says SHE'S ALWAYS GONNA BE UNDER SCRUTINY.
The older daughter Danielle says TONS OF JOBS THEY SHOULD HAVE GOT AND NEVER GOT A CALL BACK. YOU KNOW, I STUDIED AS A CHEMICAL LABORATORY TECHNICIAN, BIOTECHNOLOGY, I'M GOING TO SCHOOL OVER AND OVER AGAIN. JUST LIKE YOU SAID, ALL THESE YEARS OF SCHOOLING AND WHAT IS IT THAT MAKES ME, YOU KNOW, NOT A GOOD CANDIDATE LIKE EVERYONE ELSE, YOU KNOW?
Davin says ALL RIGHT.
Pamela says GOODBYE, DAVIN. GOODBYE, DANIELLE.
Danielle says DEUCES! [SOMBER MUSIC]
The caption changes to "One by one the children are deposed and then Pamela. Police lawyers probe Pamela's role as a mother and whether she has contributed to family friction and problems."
Pamela says WELL, I FEEL EXPOSED. I FEEL LIKE MY EYES ARE MORE OPEN TO SOME FAMILY ISSUES THAT I MAY NOT HAVE THOUGHT WERE SO DEEP. IT WAS LIKE BEING UNDER THE MICROSCOPE AND SEEING MYSELF AND MY SITUATION MORE DETRIMENTAL THAN I HAD FIRST OBSERVED.
Davin says YOU KNOW, WHEN YOU'RE THE MOM AND YOUR KIDS ARE INVOLVED, IT WOULD BE EVEN MORE DIFFICULT.
Sandy works at her sewing workshop and says I DECIDED TO MAKE A CLAIM AGAINST THE POLICE AND EVERYBODY SAID, "IF YOU DO THAT, YOU'RE CRAZY. "THEY'RE GONNA COME AFTER YOU." AND I WENT, YOU KNOW WHAT? YOU'VE DONE EVERYTHING TO ME. WHAT ELSE ARE YOU GONNA DO? DO IT THEN.
Davin says IN THIS SITUATION, THAT'S WHAT WE DID, AND FOUR OR FIVE YEARS LATER, SHE HAD ATTAINED THE SETTLEMENT AND IT'S AT THAT POINT WHEN YOU CAN FINALLY SAY, WOW, I CAN PUT THIS BEHIND ME.
Sandy says I'M MAKING A BLANKET FOR MY WONDERFUL LAWYER, DAVIN CHARNEY, BECAUSE HE WAS A GOOD GUY AND HE PUT A LOT OF HIS HEART AND SOUL INTO ME AND HE DIDN'T EVEN KNOW ME.
A woman in Davin's office brings him the blanket and says WE HAVE A SURPRISE FOR YOU, MR. CHARNEY.
Davin says OH, LET ME JUST CHECK THE LAW SOCIETY RULES ABOUT GETTING GIFTS FROM CLIENTS. [GROUP LAUGHING] ALTHOUGH, TECHNICALLY, SHE'S NOT A CLIENT ANYMORE. OKAY.
A young woman says THIS IS THE POLICE INVESTIGATION, THE REPORT THAT WAS GIVEN TO US BY THE DETECTIVE.
Andres says IT WAS LIKE A REAL-LIFE COMIC BOOK.
The woman says THIS WAS DAY TWO. EYES STARTING TO GET REALLY SWOLLEN.
At Davin's office, Andres says WHEN THEY DO THIS TO ME AND THEY CHARGE ME, AND I AM A YOUNG GUY, HOW DO I GET A JOB AFTER?
Davin says YEAH, YEAH, COULD BE A PROBLEM, FOR SURE.
Andres says THERE WOULD BE A LOT OF PROBLEMS TO GET A GOOD JOB, AT LEAST, BECAUSE YOU WILL HAVE A RECORD.
Davin says ONE OF THE THINGS WE'VE TRIED TO DO, AND YOU'VE FELT THIS WAS IMPORTANT AND I DID AS WELL, WE TRIED TO NEGOTIATE WITH THE POLICE TO MAKE SURE THAT THAT RECORD, THE OCCURRENCE REPORT THAT THE REGULAR POLICE OFFICERS OUT ON THE STREET AND DOING TRAFFIC STOPS AND SUCH THAT THEY'RE NOT GOING TO HAVE ACCESS TO THAT. WE SETTLED THE CASE ALMOST, WE'RE ALMOST RIGHT THERE. WE'VE AGREED ON THE MONEY AND ONCE WE HAVE CONFIRMATION THAT THAT RECORD HAS BEEN REMOVED FROM THE POLICE DATABASE SYSTEM, THEN WE'VE SETTLED YOUR CASE. [TENSE MUSIC]
Davin says WHEN YOU GET ARRESTED, IT CAN HAVE A DEVASTATING EFFECT ON PEOPLE. BECAUSE MY ARREST WAS PUBLICIZED IN THE COMMUNITY, PEOPLE KNEW ABOUT IT AND IT WAS IMPOSSIBLE FOR ME TO FIND EMPLOYMENT. I WAS ACTUALLY BRIEFLY ON SOCIAL ASSISTANCE. THERE'S THE STRESS OF TRYING TO RETAIN A LAWYER, TRYING TO COME UP WITH THE MONEY TO HIRE A LAWYER. [TENSE MUSIC]
A caption reads "As of November 2018, Police Records Check Reform Act prohibits arrest or non-conviction records from being released to employers and the public."
John says THE NEW CRIMINAL RECORDS CHECK ACT IS A VERY LARGE STEP FORWARD BECAUSE IT MEANS IF YOU WERE ACCUSED OF SOMETHING THAT YOU DIDN'T DO AND YOU WERE NOT CONVICTED OF ANYTHING, IT WILL NOT BE DISCLOSED BY THE POLICE IN A RECORDS CHECK AS IT SHOULD NOT BE. PREVIOUSLY, WHEN AN EMPLOYER WENT TO DO A RECORDS CHECK, POLICE FORCE IN THEIR ABSOLUTE DISCRETION COULD TELL THAT EMPLOYER ANYTHING THEY CHOSE. NOW, THAT CAN'T HAPPEN. YOU ARE PRESUMED TO BE INNOCENT, YOU REMAIN INNOCENT. I ADVOCATED VERY STRONGLY FOR THIS NEW ACT. MANY PEOPLES' LIVES ARE GONNA BE CHANGED SIGNIFICANTLY WHICH HAVE BEEN DESTROYED BY THE WILD WEST APPROACH THAT TOOK PLACE BEFORE THIS NEW ACT CAME INTO FORCE.
Davin is in his car.
GPS says TURN LEFT ON SULLIVAN STREET. [SOMBER MUSIC]
The caption changes to "Bracebridge, the day before Nathan Salandy's trial."
Davin says TELL US WHAT YOU SAW. YEAH, WE'LL GO THROUGH THAT AGAIN. YOU'RE AT THE DOOR, YOU HAVE YOUR BACK TO THE COUNTER.
Nathan says I'M WALKING OUT OF THE ESTABLISHMENT AND HE WALKS UP TO ME AT THE DOOR.
Davin says OKAY, SO PRETEND I'M YOU, OKAY, AND I'M AT THE DOOR, I'M WALKING OUT.
Nathan says LET ME JUST GET THIS, AND TURNS ME AROUND, BUT WHEN HE TURNS ME AROUND, WE'RE MORE LIKE FACE TO FACE.
Davin says OKAY, OKAY, AND THIS IS THE DISTANCE THAT YOU ARE?
Nathan says YOU CAN HEAR THE CONVERSATION WE'RE HAVING NOW BECAUSE HE'S ON THE PHONE AND I SAY I DON'T CARE. HE CAN'T EVEN RUN A BUSINESS LIKE A FUCKING PROFESSIONAL. WHILE I SAY PROFESSIONAL, IT'S INSINUATED, I GUESS, SPITTLE CAME FROM MY MOUTH AND LANDED ON HIS FACE.
Davin says YEAH, OKAY, AND WE CAN HEAR THIS ALL IN THE 911 RECORDING. THERE ISN'T A SOUND OF A SPIT AND THERE ISN'T REALLY A TIMING, LIKE A GAP IN TIME, WHERE YOU WOULD BE SPITTING.
Nathan's dog comes into the office.
Davin says GOOD BOY. [LAUGHING] THE OTHER THING IS THAT YOU CAN NOT HEAR YOU SPITTING. I'VE BROUGHT A BUCKET. IT'S GOING TO BE A BIT OF THEATER AND I'M GONNA PUT THE BUCKET IN FRONT OF HIM AND I'M GONNA ASK HIM TO SPIT IN THE BUCKET LIKE HE SAYS YOU SPAT IN HIS FACE. WHEN HE SPITS INTO THE BUCKET, I'LL MAKE THE COMMENT THAT EVERYONE IN THE COURT COULD HEAR THE SPITTING AND THEN I WILL CONFRONT HIM WITH THE FACT THAT ON THE 911 RECORDING, WE CAN NOT HEAR THE ALLEGED SPITTING. [SOMBER MUSIC]
The caption changes to "Nathan's mother comes to support him on trial day."
Davin says HOW DID YOU SLEEP, NATHAN?
Nathan says I DIDN'T SLEEP GREAT. I MEAN, GETTING TO BED WAS DIFFICULT, BUT YOU KNOW, I TRIED TO HAVE A SHOWER AND JUST BE COOL AND PREPARE MYSELF FOR THE DAY MENTALLY.
Davin says I BROUGHT MY BUCKET. [GROUP LAUGHING]
Nathan's mother says THAT'S NOT A GOOD SIGN.
Davin says IT'S GONNA BE INTERESTING. YEAH, THAT'S RIGHT, WHEN YOU HAVE TO BRING A BUCKET TO COURT.
Nathan's mother says I'M NATHAN'S MOM.
Davin says NATHAN'S MOM, OKAY, HI, I'M DAVIN. I'M DAVIN CHARNEY, NICE TO MEET YOU. [TENSE MUSIC]
The caption changes to "Court convenes for a full day trial. The Complainant and Prosecution witness do not show up. The Crown Prosecutor drops the charges. It takes just four minutes."
Nathan and his mother hug.
Nathan's mother says THANKS, DAVIN.
Nathan says IT'S BITTERSWEET. I MEAN, SURE, MY STORY DIDN'T GET TOLD, BUT I CAN LET IT GO FOR TODAY AND TRY TO BE AT PEACE.
Davin says YOU KNOW, I REALLY FEEL THAT THIS IS AN INJUSTICE TO YOU BECAUSE YOU HAD TO PAY FOR A LAWYER. YOU'VE HAD TO BE STRESSED ABOUT THE PROSECUTION AND INVEST TIME AND MONEY INTO THE WHOLE THING AND ALL FOR THAT JUST TO COME TO COURT FOR FIVE MINUTES AND NONE OF THE WITNESSES ARE HERE.
Nathan's mother says THANKS AGAIN. [NATHAN LAUGHING]
Davin says I THINK IT'S SAD THAT I DRIVE FOR TWO HOURS, NATHAN'S GONE THROUGH SO MUCH STRESS FOR A YEAR AND EXPENSE AND THERE WASN'T ANY REAL EFFORT ON THE OTHER SIDE TO PUT THEIR CASE TOGETHER, SO. YOU KNOW, WHAT A FUCKING WASTE OF TIME.
The caption changes to "In Quebec and BC, Crown Prosecutors would have likely thrown out Nathan Salandy's charge close to arrest."
David says THE QUEBEC AND BRITISH COLUMBIA APPROACH TO SCREENING PROSECUTIONS IS TO HAVE THE POLICE INVESTIGATE AND THEN BEFORE A CHARGE IS LAID, THE PROSECUTORS REVIEW AND VET THE FILE FOR VIABILITY. THAT IS CALLED PRE-CHARGE SCREENING. THE ADVANTAGES OF THIS, A NONVIABLE CHARGE IS WEEDED OUT BEFORE IT EVEN GETS TO THE COURTS. IT'S TERRIBLY EXPENSIVE TO DEFEND A CRIMINAL CHARGE. PRE-CHARGE SCREENING CAN CERTAINLY ADDRESS THAT BY BEING MORE EFFICIENT IN REMOVING CHARGES FROM THE SYSTEM EARLIER SO FEWER PEOPLE WHO CAN'T AFFORD LAWYERS HAVE TO HIRE LAWYERS, AND SO, IN THAT SENSE, SURE, THE QUEBEC MODEL COULD BE BETTER TO ADDRESS THAT PARTICULAR PROBLEM. [PEACEFUL MUSIC]
The caption changes to "Markham, Ontario. Davin Charney settles with Police the Andres Cendano case. Andres received compensation."
Andres says WELL, THIS SYSTEM, IT WORKS, BUT ONE THING I WON'T DENY IS WHAT HAPPENED AND WE NEED TO BE AWARE. I WAS THERE.
The caption changes to "Mariana. Andres Cedano's wife."
Mariana is in her sixties, with above the shoulder white hair and wears glasses and a printed white sweater.
She says MY FAMILY, I MEAN, WE LIVE QUIETLY, AND FOR SOMETHING TO HAPPEN LIKE THIS, IT'S SO UNBELIEVABLE. I MEAN, YOU WATCH THE TELEVISION EVERY DAY. YOU SEE THESE THINGS HAPPENING, BUT YOU WOULD NEVER ONCE THINK THAT IT WOULD HAPPEN TO YOU AND NOW IT HAS. YOU KNOW, THINGS ARE NOT THE SAME ANYMORE. [PEACEFUL MUSIC]
The caption changes to "Before the trial, the Toronto and Hamilton Police Services settle with Pamela Markland."
Davin says THIS IS THE DOCUMENT THAT'S GONNA BRING YOUR CASE TO A CLOSE, FULL AND FINAL RELEASE FROM YOUR SIDE.
Pamela signs and says FINALLY, OOH.
Davin says AND THEN THAT WILL BE THE END OF IT. HOW DO YOU FEEL ABOUT THAT?
Pamela says GOOD JOB.
Davin says THANKS.
Pamela says GOOD JOB, DAVIN. THANK YOU SO MUCH FOR ALL YOUR HARD WORK, PATIENCE, SUPPORT, ENCOURAGEMENT, LAUGHTER, EVERYTHING, THANK YOU. I'M GLAD THAT THE SETTLEMENT WILL ALLOW ME TO SECURE A SECURE HOUSING FOR ME AND MY CHILDREN. I DON'T KNOW IF I'M READY TO LIVE WITH ALL OF MY KIDS AGAIN, BUT WE'RE GONNA TRY TO PURCHASE A FAMILY HOME.
Davin says THAT'S POETIC AND THAT'S IRONIC IN A SENSE BECAUSE YOU LOST YOUR HOUSING AS A RESULT OF THIS POLICE ACTION THAT SOME YEARS DOWN THE LINE, YOU KNOW, YOU'LL BE ABLE TO...
Pamela says REGAIN, AND EVEN BETTER, BECAUSE IT WILL BE OURS. SO HOPEFULLY NOW, BACK TO SOME STABILITY AND GROWTH AS A FAMILY, BUT IT'S BEEN QUITE A RIDE, EH? GLAD IT'S OVER! [SOMBER MUSIC]
The caption changes to "The Ontario Provincial Police declined to be interviewed or comment. The Toronto Police Service declined to be interviewed or comment. Ministry of the Attorney General of Ontario declined to be interviewed. They issued the following statement: Ontario requires the Crown to consider whether there is reasonable prospect of conviction. If the Crown determines that the charge does not meet this standard, the Crown is duty-bound to withdraw the charge. In appropriate circumstances, the case may be resolved through other alternative means such as the accused completing a restorative justice of diversion program. Upon successful completion of the program, the Crown will withdraw or stay the charges."
Music plays as the end credits roll.
Producer, director, and writer, Martin Himel.
Executive producer for TVO, Jane Jankovic.
Produced in association with TVO. Never stop learning. VP Current Affairs and Documentaries, John Ferri. Canada Media Fund. Government of Canada.
Copyright 2019, Vigilance Productions.