Security Before Justice
Thursday, November 27th, 2008At long last the Pivot Legal Society has released its report on private security in Vancouver entitled Security Before Justice: A study of the impacts of private security on homelessness and under-housed Vancouver residents (.pdf). The report was authored by David Eby, Darice Bennet, John Richardson, and Kevin Tilley, who, along with everyone else involved, have to be commended for bringing this crucial issue to light.
Speaking with David on the phone this morning we somberly reminisced about the fact that it seems a lifetime ago since we first talked about this issue. At the time I was aware that Pivot was going to be writing the report and have waited with great anticipation for the results. The product of their labours is, by no means, a disappointment, striking at the heart of one of the most overlooked injustices in this city, one that should concern every resident of Vancouver if they believe in equality, the law, and the Charter.
A few very key points from the report’s Executive Summary include…
“Private security guards routinely overstep the bounds of their authority on public property. This includes guards asking or otherwise compelling people to move along when they have no legal authority to do so.
Private security guards are controlling access to space (on both public and mass private property) in ways that are not in keeping with principles of equality and fairness. This includes issuing informal bans from certain buildings, streets or neighbourhoods and the use of profiling, where people are treated differently depending upon their appearance. Profiling results in the continued harassment of homeless and visibly poor people, who are disproportionately Aboriginal and/or may suffer from a mental or physical disability including drug addiction.
Private security guards use force illegally. Both survey respondents and focus group participants claimed that guards are using force and threats of violence against homeless and other marginalized people on a routine basis.
There is little accountability when private security guards overstep their authority. People in the Downtown Eastside are not generally aware of their rights in relation to security guards, or how to complain about security guards’ actions. Only 39 of 154 survey respondents reported that they were
aware of the process for making a complaint against a security guard.”
My passion regarding this issue began a year and a half ago when I intervened in an incident involving an elderly women and two security guards that were trying to remove her from in front of a business on Water Street. One of the guards had the woman by the arm and was attempting to move her further down the sidewalk. Turning to the guard I told him that his action technically constituted assault and that he had absolutely no right to be touching the women, let alone asking her to leave the area. Both guards responded with aggressive language, telling me to go fuck myself and mind my own business. My response was to produce my phone, look at them, and ask them if they’d like me to call the police so that they could provide them the definition of assault, after which the one guard unhanded the women. She stood there for a moment unsure what to do, so I asked her to walk with me. The guards turned and went up Water Street in the other direction. While walking with her towards Carroll Street she told me that she had been harassed by guards in the past and even ushered into a back alley where they told her “people like her belonged”. There was no question that she suffered from mental illness, which only enraged me further, because in our society there is no excuse for a women in her 60’s that obviously needs long-term care to be on the streets. None.
Later that day I did a little digging and found out that the company was contracted by the Gastown Business Improvement Society.
From Pivot’s report…
“Andrew, a former Paladin Security licensed contract security guard, approached Pivot legal Society in the spring of 2007.
Andrew’s company was contracted to provide security patrols by the Gastown Business Improvement Society. He explained that he had recently quit his job because he felt that he was being asked to violate the rights of poor people.
In a sworn statement, the former security guard described being instructed to engage in “profiling” activities (monitoring the movements of people who looked homeless, poor or drug addicted). He also stated he was asked to remove profiled people from a busy tourist strip and relocate them to adjacent areas outside of the tourist zone. He recalled being asked to chase off one severely disabled panhandler because business owners considered the wheelchair-bound woman, who had lost an arm and a leg, too disruptive.
Andrew stated that his company routinely banned certain people from the Gastown Business Improvement Area, although, to his knowledge, there were no court orders in place restricting the movements of these citizens. He was asked to enforce these private bans and to use physical force in the course of his duties. Andrew also raised concerns about incident reports being altered and about information-sharing practices between his company
and the public police.”
Things down here are a world removed from Robson Street and Yaletown despite the fact that they’re only a five to ten minute car ride away. Like it or not, economic persecution is no different than any other form of persecution, and to think that it is tolerated in this city, even defended, disgusts me.
But you know, I’m a hypocrite, and I would be remiss not to claim myself one. Because no matter my views on the subject, I live in one of the ‘reclaimed’ buildings down here that represents the greed driven gentrification of the Lower Eastside. And that’s one of the main reasons that I’m moving, because I simply cannot live with that anymore.
I urge you to read the report, which is linked at the top of this entry, and to make your voice heard regarding this issue.
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