Indictment quashed against G20 activist
Blogger allegedly revealed name of undercover police officer during publication ban
An anti-poverty activist who has pleaded not guilty to violating a publication ban will not face a possible penalty of two years in jail, an Ontario Superior Court judge ruled Tuesday.
However, the Crown can still proceed by summary conviction, which could mean up to six months in jail for Julian Ichim, Justice Michael Quigley ruled in his decision to quash the indictment.
Ichim pleaded not guilty on Monday to two charges of violating a publication ban by revealing the pseudonym of an undercover officer on his blog.
The publication ban was set in September 2011 during the preliminary hearing for 17 alleged G20 conspirators to protect the identity of two undercover officers who testified. In two blog posts posted soon after, Ichim named “Khalid Mohammed,” the alias used by OPP Const. Bindo Showan to infiltrate activist groups.
Violating a publication ban is a summary offence under Sec. 486 of the Criminal Code. The maximum penalty is six months in jail.
But the Crown chose to charge Ichim under a different section of the Criminal Code that allows violating a court order to be prosecuted as an indictable offence — carrying a maximum punishment of two years in jail.
Based on the “ancient interpretive rule that the specific overrides the general,” Quigley ruled the Crown could not proceed by indictment.
The judge stressed to Ichim that his decision is based solely on legal principles and has nothing to do with political reasons or arguments.
“Underlying the legal arguments is Mr. Ichim’s contention that he is being prose- cuted for essentially political reasons as a person affiliated with the G20 protest,” said Quigley.
Ichim was one of the first people to be arrested during the G20 weekend for allegedly masterminding the riots. The charges against him were dropped in 2010.
“It is important Mr. Ichim specifically understand that there is absolutely no finding being made here of improper motive or improper conduct by the Crown,” said Quigley. “Neither is there any finding of any abuse of process whatsoever.”
Despite the judge’s words, Ichim, a longtime activist with dozens of arrests under his belt, said the decision is an important victory in fighting charges he claims are politically motivated.
He said he believes the Crown pursued the route with a harsher penalty to intimidate protesters.
Ichim is also pursuing a $4-million lawsuit against the undercover officer, the province and the Toronto police force.