Mississauga Musings

Don Barber....

If I'd have been forced to bet everything on the outcome of Don Barber's trial --and I mean Everything, I'd have lost All yesterday.

(...I keep beginning a sentence and then backtracking and deleting and starting again. I don't quite know what happened or where to begin to report on this.)

The world really is that different to me today. I expected the Crown to win and Don Barber to have a Peace Bond slapped down on him. Put a fork in him, he's done.

After all, people just automatically believe what a security guard says --even the police. And if it's a security guard with a City of Mississauga shoulder patch, well-- And then it's if two City of Mississauga security guards' words, perhaps you can understand why I would've lost Everything yesterday had I been forced to bet.

And it's not just me. Even my husband fully expected the Court to rule in favour of the female Mississauga Corporate Security guard and slap down a Peace Bond on Don Barber.

As I've mentioned often, Don Barber *pops* into my life. He *popped* into Council this week and last night he *popped* in with a late night phone call. Ironically, Barber was interrupting our late-night analysis of the February 13th Rogers telecast of MIssissauga Council when he called me.

My husband listened to my end of the conversation and delivered his own verdict as to the reason why Don Barber isn't dragging a Peace Bond around with him as of today.

"It's simple. Don got a Judge who GETS it."

I relayed my husband's declaration to the other end of my phone line.

"It's simple. You got a Judge who GETS it."

That isn't to suggest that Donald Barber "won" yesterday --he didn't. He lucked out with a Judge who GETS it and therefore Barber didn't lose. Big Diff. Huge Diff.

Let me relay --transcribe, actually--the Judge's ruling from my courtroom notes. Phrases in italics within quotations are what I managed to scribble down. If I'm in error, I'd appreciate being corrected.

[Background: A female Mississauga Corporate Security guard (and supported by The Crown) wanted a Peace Bond placed on Mr. Barber because she feared for her safety.]

JUDGE'S STATEMENTS/CONSIDERATIONS

To determine whether a Peace Bond is necessary, the Court must determine "the degree of risk and the nature."

Issues that Judge Blacklock considered were did Mr. Barber, "commit an offence, assaultive to [name of guard], threat, bodily harm"?

Then the Judge said, that the "ultimate question" in dropping down a Peace Bond was "Is he satisfied" that there is "a meaningful risk --in any manner that will involve an offence..."

My notes say that Courts ruling for a Peace Bond "is not lightly undertaken". And then my notes show the Judge saying "harsh reality --what exactly motivated the Crown?"

The Judge found the security guard's testimony more credible. But he also said the statements of witnesses can vary widely based on their own perceptions and the passing of time.

Again, about credibility the Judge stated that the security guard was "generally credible". It came out that the Judge had examined Mr. Barber's website and especially his recount of the June 7, 2006 events leading to his arrest.

The Judge observed that Mr. Barber's text description --of being chased by the guards-- didn't match his own photographs of the event. The photos on Mr. Barber's website showed two guards who appeared to be simply following him to ensure that he left the building.

The Judge also believed that Mr. Barber did make some physical contact with the female security guard that day. He also believed that the guard might have "honestly perceived a 2-hand push". And "given the atmosphere" --the emotion, The Judge concluded that Mr. Barber "likely did utter those comments." (one of which was an alleged warning to guards not to be behind his car lest they find themselves under it.)

Bottomline though, The Judge found the security guard's testimony "generally truthful".

THE JUDGE --IN DONALD BARBER'S SHOES

Judge Blacklock said that he looked at "Barber's intention" that he had "some issue" that June 2006 day with Mississauga Council. The Judge pointed out that when dealing with city halls and city councils that "feelings run high" and that it can be "frustrating and disappointing" for citizens in their "efforts to engage Council".

And then The Judge said something extraordinary...

He said that citizens' frustrations at their "efforts to engage Council" "can cause behaviours" that are "not ordinarily typifying" and can affect citizens' ability "to control themselves".

Then The Judge laid down a string of "No evidence"s. The Crown itself had withdrawn the charge of Disturbance and later the two Assault Charges. The Judge observed that Mr. Barber had already been under ban since June 7, 2006 and only had it removed back in November. He even had his bail lifted. And throughout all that, Mr. Barber complied.

The Judge laid down one-strong message to Mr. Barber --I don't believe that I'd be over-stating it if I said The Judge read Barber The Riot Act. Essentially --that the NEXT TIME... there better not be a next time.

On the subject of Mr. Barber's website, The Judge stated that he understood how things could be written and posted at the heat of the moment, and that he found a good portion of the material objectionable --even offensive.

He also made it clear that the content of websites is not his domain and then he ruled, No Peace Bond. Don Barber didn't lose.

Pardon while I divert for a sec...

I READ THE TORONTO STAR --THAT'S MY PAPER

As it happened --just by chance, I read Joe Fiorito's column on affordable housing.
Issue leaves little room for decency
Feb 13, 2008 04:30 AM
Joe Fiorito

It was the very last sentence of the article that I didn't get.

"The good men and women of the PRA (Parkdale Residents' Association) say they are not against rooming houses; they just want a mix of housing in the neighbourhood. Parse that any way you will. Just remember that it is possible to be right and wrong at the same time."

"Just remember that it is possible to be right and wrong at the same time."

I can't tell you the number of times I rolled that through my head trying to figure out what it meant. "Just remember that it is possible to be right and wrong at the same time."

The next morning inside that Brampton Courtroom, I GOT IT.

The Judge helped me to figure it out.

It was clear to me that the Judge believed that Mr. Barber has the Right to post almost whatever he wants on his website. That's what Freedom of Speech is. The Judge even acknowledged the Internet as a place to vent when feelings run high.

But then as weeks and months pass, it may be time to revisit one's words --because words are such powerful constructs. The reality is that Mr. Barber has the Right to keep his heated words on his website, but he can be Wrong in keeping them up at the same time.

And that's how I got it. That Judge helped me understand "Just remember that it is possible to be right and wrong at the same time."

It's one hell of a message for citizen-activists frustrated with our Ontario municipal governments and their "Dead Last" in Canada Accountability and Oversight.

"Just remember that it is possible to be right and wrong at the same time."

To be clear that's the message I gave Don Barber on the phone last night. I told him that he's more of a target now than ever before. I told him that he has to make a decision about just how important it is for him to bear witness inside those Mississauga Council Chambers.

I told him that he can't "Be There" when he's given Mississauga Corporate Security even the teeniest of reason to turf him again.

I reminded Barber of the physical cost these court proceedings had on him. The hours and hours and hours defending himself sucked off his life. (My time too, supporting him. Researching the events leading up to June 7, 2006. Analyzing the security footage from Pelco One.)

And I reminded him if he gets turfed again, it'll be Just ME sitting on the benches inside Council Chambers. I reminded him of all those times inside Mississauga Council when it was Just Him.

I told him that either one of us forced to go back to "Just One" inside Mississauga Council Chambers is a hell of a vulnerable place to be.

For the record, I reminded Mr. Barber about what The Judge said about his website --and especially the section about his arrest. I suggested to him that once he rests up from yesterday's ordeal and clears his head of emotion, that he please go through the security guard section of his website and tone it down.

I told Donald Barber that if fighting for something resembling Democracy-in-Mississauga was important to him, that he needs to show Judge Blacklock that he appreciated this extraordinary Second Chance.

To the total surprise of his supporters, Donald Barber dodged one powerful legal bullet yesterday. There's a choice here. We can gloat or we can be humbled by The Judge's decision. I for one was humbled.

CANADA happened yesterday in a Brampton Courtroom and I'm not sure all that many people noticed. I know for certain that few people notice how little CANADA there is in Mississauga.

Toronto Star columnist, Joe Fiorito's message, "Just remember that it is possible to be right and wrong at the same time." piggy-backed itself onto what Edward R. Murrow said, "To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful." To the best of our abilities.

Here's a question to my friend, Donald Barber. Don, when I stepped out that Brampton Courtroom with you yesterday, I felt surprised, relieved, grateful and above all, humbled that CANADA happened.

Think back. How'd you feel, Don?

Signed,
The Mississauga Muse
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"Just remember that it is possible to be right and wrong at the same time." --Joe Fiorito (TORONTO STAR, Feb 13, 2008)

"We must employ every possible tactic to dissuade those who try to silence us with fear" ---The Mississauga News Editorial (2007-03-24)

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