No discrimination in Village mall case: Boland

RNC chief says police didn’t target homosexual men in 1993 raids

RNC Chief Joe Boland says the 1993 investigation into indecent acts in Village Shopping Centre bathrooms did not target homosexual men.

Boland responded Monday to calls from St. John’s Pride co-chair Noah Davis-power for an apology regarding the investigation. Thirty-four men were charged in the operation, many of whom pleaded guilty.

The RNC conducted a threemonth investigation after a parent told police her son was approached by a man, and a conversation of a sexual nature took place. From there, the police launched what was initially an investigation into pedophilia.

Hidden cameras were installed in the bathrooms, which captured 60 men engaging in indecent acts. Of those, 34 were charged. No evidence of pedophilia was found.

Boland says the investigation was not carried out with any prejudice in mind.

“I can assure you that this investigation was not carried out for the purpose of targeting homosexual men,” Boland said in a statement.

“The investigative techniques used by the RNC in these cases were not challenged or criticized by the court.”

While the investigative techniques weren’t criticized, one man had his conviction overturned.

While the judge maintained the act was indecent, the conviction was overturned because the person was alone in the washroom at the time that he was recorded. With no one else present, the act wasn’t public, the judge said, and therefore the conviction was overturned.

Davis-power and St. John’s Pride are still considering whether to allow the RNC to participate in the July Pride Parade.

“The RNC’S continued lack of acknowledgement of their role in oppressing the LGBTQ2S community, and in fact, defending their actions on the case of the Village mall does not help their case towards a welcomed participation,” Davis-power said in a statement.

Previously, an apology was being worked toward between Pride and the Department of Justice and RNC, based on allegations of discriminatory behaviour by the RNC throughout the investigation.

On Thursday, Davis-power says he was told the apology would not be happening and that the RNC would investigate the same complaints in the same way today.

When the apology was shut down, Pride floated the idea of a ban on RNC participation.

In light of the resulting controversy, one member of the St. John’s Pride board has resigned his position.

Doug Elliot, a human-rights lawyer who led the class-action lawsuit that led to the federal apology to the LGBTQ community, says there are “absolutely” grounds for an apology based on the case.

“If you have to set up a secret camera to prove they’re having sex, it’s not a public place anymore,” Elliot said.

“Today, it’s very clear that if the police used this kind of investigative technique, even an average lawyer would get this thrown out because they’re invading the privacy of those using the washrooms.”

None of the surviving men have made an appeal for the apology sought by St. John’s Pride. Elliot says in this case, they don’t have to publicly come forth.

“It shouldn’t make a difference. It shouldn’t be up to a victim to stick their head up and complain. The community is complaining on their behalf,” Elliot said.

“I don’t think it’s an appropriate case for monetary compensation. One of the great things about Canada is when we make mistakes, we are not afraid to apologize.”

Justice Minister Andrew Parsons says he was taken by surprise by the potential ban when he read it in The Telegram.

“I don’t mind saying I’m disappointed when we have the threat of cutting out a political party or a police force from a public gathering, from the Pride Parade.

This was literally never discussed in any conversation and I don’t think that’s productive,” he said.

Parsons says the media at the time had a role to play in negative consequences resulting from the investigation and resulting charges.

“I think a review would actually show the terminology came from the media at that time. I mean, if you look back at the reporting 25 years ago, I think the reporting would likely be handled differently now from what it was back then,” Parsons said.