WARMINGTON: Mayor says 'lawyer' stops cop chief from charging unruly anti-Israel protesters

Mayor Olivia Chow says Toronto’s police chief has had his hands tied by a “lawyer at headquarters” who tells him he can’t pursue criminal counts on many suspects involved in alleged antisemitism.

On Newstalk 1010 Monday, Chow said when she asked Chief Myron Demkiw why he doesn’t “arrest more” anti-Jewish protesters appearing to be crossing legals lines, she was told a Toronto Police “lawyer” has said there is “no hope” of gaining a conviction — “why bother?”

Toronto Police indicated late Monday that the chief will “clarify” what he told the mayor during appearance on Newstalk 1010’s John Moore show on Tuesday.

Councillor James Pasternak said lawyers were behind some of the “timidness” of when it came to pursuing pro-Hamas supporters, but warned as a result, “we are now heading into the abyss.”

Pasternak added: “We have had endless meetings with police, and nothing is done. We have had mobs come up to the York Centre neighbourhood of Bathurst and Sheppard every Sunday. There are no government offices, embassies, civic squares there. They are there to harass the local Jewish neighbourhood.”

Politicians ‘threatened’

He said he, Councillor Brad Bradford and MP Roman Baber were “harrassed and threatened” by pro-Hamas supporters at Sunday’s menorah lighting at Bathurst St, and Sheppard Ave., and while there were many police officers present, nothing was done.

“It’s not just Toronto,” said Pasternak. “Ottawa and Queen’s Park are a big part of this, too.”

Prior to Sunday’s massacre of 15 people at a Hanukkah party on Australia’s Bondi Beach, which has Toronto Police stepping up security, many warned if there is no justice for a person with a pretend grenade or vandalizing a synagogue, or other anti-semitic actions, things could escalate like they did in Australia.

Pressed on this by Moore on Newstalk 1010, Chow explained Demkiw “has made charges and then it gets thrown quote by the Crown – they won’t even accept it.”

Chow added: “So, you do all the work to do all the charges, yet it doesn’t go anywhere – so at some point they said – they have a lawyer at the police headquarters to look at cases — ‘OK, there’s no hope of you getting anywhere, so don’t bother,’ which is why sometimes they don’t do charges.”

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TPS spokesperson Stephanie Sayer said “we all share the same concerns – we want a safe city, which must include addressing antisemitism and other hate crimes. To do that, we need clear and enforceable laws. These types of offences are complex, and police can only lay charges when the legal threshold of reasonable grounds is met.”

She added “to be clear, when officers have reasonable grounds, they lay charges – we have laid almost 800 charges in relation to hate crimes since Oct. 7, 2023. But establishing those grounds can be complex, which is one reason we continue to consult with (the Ministry of the Attorney General) and to advocate for clearer, more prescriptive hate-crime laws.”

Passing the buck

Pasternak said the mayor, who has commented that Israel conducted “genocide” in its war in Gaza, has no credibility on being non partisan. He said he’s amazed by the “passing-the-buck” spin so many in government employ.

On the TPS web page, there is a section called Legal Services which “includes General Counsel and Counsel.”

While it says “the mandate of Legal Services is to identify and manage legal risk for the Chief of Police and other Service members,” Sayer said it is not in-house counsel that police consult.

“It is frustrating for everyone when charges are withdrawn or not tested in court. That’s why investigators consult the Ministry of the Attorney General (not the TPS legal team) to ensure that legal requirements are satisfied. We have a strong relationship with the Crown and meet with them weekly.”

Whatever lawyer it is, Chow said: “I thought exactly the same thing. Why can’t you arrest more, charge more?”

Why keep doing it?

The mayor said it was explained to her by the chief that “there is the human rights, Charter rights concern,” and as a result, “some” of it gets “thrown out, so why keep doing it if it doesn’t work?”

Could this explain why police try to appear neutral at the hundreds of protests which feature people screaming antisemitic chants. Does this mean they have no legal recourse for a man filming videos at a Jewish schul, and later a school, or to deal with politicians being harassed by people dressed like terrorists?

If they had been playing O Canada at a Palestinian flag raising at City Hall, the City of Toronto would have its security and police shut that down.

“The signs and slogans on Toronto’s streets saying ‘Globalize the Intifada’ have been going on for two years. This is a call for mass murder. Yet, elected officials and law enforcement do and say little,” said Pasternak. “The events in Australia are a stark warning to Toronto.”

Maybe somebody should tell that lawyer handcuffing Toronto’s police chief.