Wolfe's words lead to arrest
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SFUO president charged for cursing following Student Appeal Centre incident
STUDENT FEDERATION OF the University of Ottawa (SFUO) President Seamus Wolfe was arrested on campus Feb. 2 for swearing at a police officer, following a trespassing-related incident at the SFUO Student Appeal Centre (SAC).
Deregistered student Marc Kelly was arrested in the afternoon of Feb. 2 after Ottawa Police arrived in response to a trespassing complaint. Police attempted to remove Kelly from the SAC office in the Unicentre, as he was allegedly in violation of a "no trespassing" notice related to the university.
"Today, Marc Kelly met me in my office to review his appeal," said SAC coordinator Mireille Gervais. Gervais argued that the police acted outside the regulations of the trespassing notice served to Kelly, on the grounds that the SAC isn't the university's property.
"According to the Trespass Act of Ontario, only the legal occupier of a space has the powers to trespass someone," said Gervais. "And, according to the definition by the Act, the occupier is the person who has responsibility for and control over the premises. So the Student Federation is the legal occupier of this space, [not the University].
"The police heard my argument, but then called the University of Ottawa legal counsel, which was a very one-sided move to pull—they didn't call our lawyer, they called the university's lawyer," said Gervais. "The university said that it was their property, and that that was the bottom line."
Shortly after police arrived on the scene, Wolfe came into the SAC office to investigate the issue.
"I [was] there because I need to ensure the safety of my employees, and the respect of our spaces," said Wolfe. "They questioned whether or not it was SFUO property, and then asked to see a lease."
However, during the time that Wolfe had gone to obtain a copy of the lease, the police went into Gervais' office and arrested Kelly. Wolfe then went outside to the parking lot, where, according to him, only one police officer remained. When Wolfe tried to show him the lease, and asked him why he arrested Kelly, the police officer did not acknowledge him.
"He wasn't responding to any questions," said Wolfe. "I was just trying to figure out if they had the right to [enter our building to make the arrest]. He didn't even give me a rationale, he just said, 'I don't need one.'"
This led to the second arrest of the day—Wolfe, aggravated with the circumstances, swore in front of the police officer while walking back to the Unicentre, and was placed under arrest for it. According to a YouTube video of the incident, uploaded Feb. 5 (http://www.youtube.com/watch?v=cbY1nBTtSUI) Wolfe called the officer a "fuckface."
"When leaving, I swore, saying, 'Well, fuck this,'" said Wolfe. "The official charge was 'causing a disturbance by swearing'. They arrested me, and then served me a criminal charge. They put me in the back of their car, and drove me about three blocks away."
In a statement to the Fulcrum, Ottawa Police Constable Jean-Paul Vincelette confirmed the two arrests and indicated that the police had been called in because of a complaint.
"The Ottawa Police attended the University of Ottawa at 12:15 [p.m.] today, as a result of a Trespass Property Act complaint," said Vincelette. "After the investigation was completed, a gentleman by the name of Kelly ... was charged under the Act. After that ... Seamus was also charged with causing a disturbance."
Wolfe said that he intends to pursue a complaint against Protection Services about the matter.
"For me, and for my position, this isn't about any one individual," stated Wolfe. "All I was trying to do today is to make sure that student space is respected."
According to a Feb. 4 Ottawa Citizen article, Wolfe indicated his court date is scheduled for March 4.
The University of Ottawa has declined to comment on the incidents.
Based on the definitions provided in the article, it seems that if Marc Kelly were airlifted into the SAC, he would not have trespassed. Given, however, that the SAC has a roof, I'm going to bet he walked in. Which means he walked over U of O property to get there. Which means he trespassed. The police were right to arrest him.
I will admit that arresting Seamus (based on the story presented here) seems over the top.
@ Matt:
There is the concept of right-of-way. If an employee needs to access her Union office, or in this case, a student needs to access his appeals office, it doesn't make any sense that a Trespass Notice to other lands could interfere with the person's access to the association (especially when the person is going to that office to dispute the Trespass Notice and accompanying circumstances in the first place!).
Why is it that Seamus can't be professional while representing students? Surely there would have been a more appropriate recourse than the president of the student federation swearing out loud (although, in most articles written he was given a warning and then he swore again).
He wasn't going to win that fight, but he succeeded in making sure that the rest of the city thinks that students leaders are immature. He is paid a salary, and should act with professionalism while on the job.
@Tom
that's amazing that you have the power to tap in to the conciousness of the whole of Ottawa.
Seamus did act professionally and humanly. He swore in outrage at the lack of professionalism shown by Protection Services, the Legal Counsel of the University of Ottawa and the Ottawa Police.
It is only democratic to criticize and question the law enforcement community. It is undemocratic to arrest public figures on bogus charges of swearing and then threatening to arrest students informing others of the situation. It is a display of aggression that will go untolerated.
I have now read both this article and the one in the Ottawa Citizen.
The Students Federation offices are located on the property of The University of Ottawa. They are leased, not owned. Though there is a responsibility for that space by the person(s) who lease the space, does not the building owner have a higher authority? The Fulcrum states the Ottawa Police spoke not just with security for the University but also people from the administration. If the University informs the police they have a right to be there then do they not? (I am looking for clarification on this not being dismissive or trying to make a point.)
On a continued note, if in fact the University Administration (lawyers) permitted the continued action of the Ottawa Police (which seemingly Mr. Wolfe was informed of by this article), then shouldn't his issue be with the University of Ottawa and the lack of their respect to their rental agreement. If this point is true then Mr. Wolfe should forward his anger at the University.
If the SFUO is solid on their case that they have full rights to this leased property then I can respect that.
But if an issue arises do they have the right to use Campus security? (Who in turn may ask for assistance from the Ottawa Police) It seems to be a double edged sword - if you do not work with the organization that is there to assist with problems, then the next time an issue arises (and if we are being honest, they occasionally do) then what is the responsibility of campus security. I personally think your lease grants you the privilege in using the campus security (who did ask for assistance from the Ottawa Police) so in turn they get access to your leased space.
- Finally, Mr. Wolfe does represent the University and more importantly the students. He does have an expectation and responsibility to students to hold a dignified opinion. I don’t care what you say; swearing at the cops is just not a smart idea. Sure you didn't murder anyone or steal a car, but you acted like a child. The thing is, when you are child you get spanked for acting up and when you are an adult you get arrested. Deal with it.
I respect any differing opinions, but before disagreeing me please allow me to extend my personal beliefs that yes, police should be held in a high regard and I also worry about over reactions by the police. The police are not immune to bad apples as are any organization. Also, I do have distrust towards politicians, at all levels. Mr. Wolfe may not be a member of parliament but I respect wishes of the students of the University who elected him to do a job. I do think Mr. Wolfe may have been genuine in his opinions but even he must understand (now a few days have passed) that maybe his reaction was a little over zealous.
LOLOLOL!!!1
Bahahahahaha! OWNED!
@Tom
Well said. This guy is getting paid by all of the students to represent them, and instead acts immature and foolish.
I bet many of the people who voted for him didn't know he was going to be going around calling police officers "fuckface"...
@Liam
The president of our student federation getting arrested obviously puts our school and student politics in a poor light - it doesn't take a psychic to figure that out.
My opinions of Marc Kelly aside (that's a topic for another day, including providing doctored evidence that was never widely addressed) I find that the fault lies on both sides of the fence. While I agree that Wolfe misrepresented the student body, I find that I am more outraged by the unprofessionalism of the Ottawa police. I would personally hope that particularly in cases of no immediate danger, the Ottawa police would take the time to hear and see the arguments provided, especially seeing as it was their request to see the lease. Coupled with that particular officer's unnecessary use of force and his remarks, I am losing faith in the Ottawa Police's abilities to serve and protect the public. Silence and refusal to deal with the parties involved in a professional manner continues to diminish the respect I have held in the past for them.
I love how the arrest was so "violent", yet he's able to gently place his coffee cup on the ground.
I'm amused at the outrage over Mr Wolfe's use of profane language. Are we really at such a point where people think that saying "fuck" is worthy of arrest? I don't care if he's saying it at a police officer, how is there any difference between saying "fuckface" and, say, "jerkface"? But the jerk is not profane, so had he chosen that he wouldn't get arrested? Weird.
However, I suspect he was arrested for the trivial reason of proving a point. The point being that the Police are Gods, and we mere mortals should bow in their presence, possibly licking their boots from time to time.
Personally, I respect people based on their actions, not their job. The simple fact is that Police are trained to be dogs, and so they are dogs. They display very limited intelligence, very little empathy, and a limited grasp of logic. Logically, they should have called the OSFU's lawyer. With a bit of empathy, they could have said "hey, would you mind getting off the property so we don't have to arrest you?". Perhaps, with a bit of intelligence, they might have given some kind of good reason for their actions. But I guess they can only do what they've been trained to do.
but I dunno...it seems really stupid to me. This Marc Kelly person was banned, I understand, but how is he supposed to appeal the ban without walking into the university?
On one hand I wonder about the motives behind this. Kelly must have known he would be arrested upon entering campus, but still did so (dressed in a suit no less) and happened to have someone there to film the whole ordeal. Any claims that he had to go on U of O property to make the appeal are ridiculous, he could easily have handled it over the phone or e-mail. This is an obvious provocation.
On the other hand, the police should have checked the lease and at least waited for Kelly to exit the SAC before arresting him rather than going only on the authority of the U of O admin.
Wolfe shouldn't have sworn or called the officer what he did, but turning around and arresting Wolfe when the altercation was clearly at an end was an unwise and unjustified move on the part of the officer.
It's clear that both the students and administration are acting like children in this situation, and no one can win when students and a university are at war against one another.
Has everyone seen the video at this point? His responses to questions by reporters have been proven to be lies. He didn't say 'fuck this' while walking away, but loudly called the office a 'fuckface'.
Can someone now dispute my claims about his professionalism? And to do it while walking away... It just seemed like an unnecessary and cowardly act.
Nobody deserves to be abused in the course of their duties, and if it fits into the definition of causing a disturbance by swearing loudly in a public place, then I say all the power to him for arresting that buffoon!
This is a disgusting show of unprofessionalism from your student leader. Anyone who attempts to justify his actions as not that bad clearly have a very jaded view towards proper public behaviour. Is it appropriate to yell "fuckface" where anyone could be walking by? In other words, would you want your children to be subjected to a world where swearing was condoned, especially towards a public official who has been designated with protecting the peace?
I know there are people who don't like police officers, they think it is "the man" attempting to exert his influence and authority. And some people may even try to place Seamus on a pedestal for standing up to the man. SHAME!! These men and women place their lives on the line everyday, not knowing what they might be facing when they answer a domestic abuse call, or a potential weapon on a drunk who is disturbing the peace. Show them a little respect, because I promise you that one day you will be thankful for the work they do. This officer did his duty not to answer questions while walking back to his car. If you have a complaint to make, or questions you want answered, you should be talking to your administration and the police headquarters.
And it should be noted that the take down of Seamus, though likely painful, was completely within the officer's perogative.
And my final note is to say that true leadership demands a higher standard of behaviour and Seamus' acts were juvenile. When you have issues and concerns you don't chase after someone shouting at them, especially not after sending someone with a camera to follow them.
Absolutely shameful.
UWSA 2, I feel the need to clarify my dislike of many (not all) police officers. It is nothing to do with "the man", or "the state" or whatever. It's entirely due to the actions of individual police officers. Too many of them let the position go to their head. They become arrogant hardasses. I am very willing to respect the difficulties they have, dealing with real criminals. However, they treat the student with a joint as badly as they treat the rapist or the murderer. Often they demand respect, as opposed to trying to earn it.
And Rob, if I was trying to appeal something, I'd like to do it face to face. First, talking to whoever about my rights, then talking to whoever is in charge. I might call to try and arrange a meeting time, but if they rejected such an idea, I would definitely be going in. I don't know the exact circumstances, but it seemed like Mr. Kelly was going to these offices to talk to the people who know his rights for appeal. Where is he supposed to meet them, if not their offices? Discussion over the phone or the web is just not the same. There's a reason why job interviews are in person, not over the phone.
This is just plain stupid. The officers acted with so much negligence it's almost funny, if for the fact I haven't seen this countless times before.
An officer has a duty to stay calm and patient and consider all issues at hand. Also, an officer cannot just barge into a property without a warrant. This property was under lease to the SFUO, unless there is some RANDOM clause in there separating it from a regular lease, this means property rights go towards the Leasee. Property rights that require a properly obtained warrant.
I'd also like to point out the blatant disregard for freedom of speech. I mean lets even assume that this one derogatory word was enough to be constituted verbal abuse (because honestly causing a disturbance is just ludacris), the officer should be patient and understanding enough to just keep walking. Instead he acts all macho and makes the arrest in front of the camera. Pff this is disgusting.
Simple fact, I am ashamed of having Seamus as our President. As students, we're expected to go out into the world and do some great things, we're supposed to be the voice of tomorrow, the future, aren't we? So what does our biggest rep, our very own SFUO president do to represent this voice of tomorrow? He acts immature, irresposible and shameful. The police did take things a bit too far, however, if Seamus was even CAPABLE of having a decent conversation and acting professional, maybe he wouldn't have gotten arrested. We expect our leaders, whether it be PM, MP, Mayors and so forth, to do what is best for us, it's what we pay them for. So why is it that something so minute as being SFUO president seems to be such a challenging task in professionalism? Seamus does not represent the student body well, and it is no wonder why students aren't taken seriously, when our "beloved leader" is a baffoon himself.
Rob, Tom, Will,... Why don't you use your full real names. Do you not want to stand for what you advance? Why hide in this way? Seamus Wolfe is not hiding. He's out there saying what he thinks to cops that just trampled on student rights. And the best critique you can offer is regarding form. What about content? Hello... It was a false arrest, an abuse of police power on a campus, following an another unlawful arrest in total disregard for the Trespass to Property Act (read the Act, it's only three pages long and very clear). The intent of the Act is not that it be used to bar students from their service providers. It does not take a rocket scientist to understand these points. It takes someone who aspires to kissing ass to not understand them.
Wolfe acted unprofessionally, end of story! If you are representing people by the position you hold (ie Wolfe= president of the SFUO) one would hope that they carry themselves with class and know how to handle their emotions in various situations! I'm sure Wolfe went on some sort of course in conflict management which was paid for by the SFUO, although we as students wouldn't know as a result of the lack of transparency in the current SFUO, but that is a whole other topic. On the topic of Marc Kelly, clearly the man had ulterior motives because he was removed from campus again on February 4th, 2010 from the Fauteux Building. This begs the question, is Marc Kelly gracing us all with his presence just to cause a disturbance and to make a cute little two-part video to put on youtube?
Rancourt:
"Why don't you use your full real names. Do you not want to stand for what you advance? Why hide in this way?"
"Hello..."
"It does not take a rocket scientist to understand these points. It takes someone who aspires to kissing ass to not understand them."
Mr. Rancourt, if you continue using ad hominem arguments you will go to jail.
The latest (February 9, 2010) post on the "Activist Teacher" blog is a? socio-political analysis of the comments to this video:
http://activistteacher.blogspot.com/2010/02/binary-structure-of-slave-mentality.html
WTF!? There is a law against swearing in the presence of an officer!?!? That is absolutely retarded!
I think that all the drama in this matter has been completely unnecessary.
Surely Kelly may have trespassed over U of O property in order to get into the SAC office. But, if there is a dispute on the legality of the arrest due justifiable reasons, shouldn't the officer at least investigate more? The situation wasn't critical or dangerous.
The police officer clearly has done a poor job at handling this situation. Shouldn't a police officer resolve these situations in a calm manner, and hopefully without incident?
Apart from that, wolfe's way of dealing with the situation wasn't better. I don't think he's wrong for protesting, I just think he could have handled the situation in a much better and more efficient way. And then arresting Wolfe for swearing? Surely that was a really humorous turn of events as I myself can't believe the officer, having already done a careless job till now would go even further and sprinkle some more drama up on top of the issue.
Seems like like neither Wolfe or the officer deserve any commendation or credit for what they did that day.
Seamus was defending student occupancy rights and protesting police infraction thereof. The SFUO controls the premises that its services operate on (by rental agreement) and the activities carried there on. The University has got to stop trespassing students and suppressing the protest thereto!
See the Ontario Trespass to Property Act:
http://www.canlii.org/en/on/laws/stat/rso-1990-c-t21/latest/rso-1990-c-t21.html
Does it seem correct to you that the SFUO Student Appeals Centre is the legal occupier of the Student Appeals Centre office (consider that you are the legal occupier of your apartment that you rent from your landlord)?
Why is it so hard for the Protection Services, the University of Ottawa, and the Ottawa Police to understand this?