Independent review calls police response to Hamilton Pride ‘inadequate’

An independent review into homophobic violence at last year's Pride celebrations in Gage Park concludes the Hamilton police response was an inadequate" effort that left attendees and the public unprotected.

On June 15, 2019, homophobic preachers and white supremacists crashed the annual festivities, leading to a clash with counterprotesters.

It took police several minutes to arrive to quell the violence, a delay that critics say allowed the mayhem to rage on unnecessarily.

Their activities could reasonably have been anticipated by police, but they weren't. As a result, the police response was inadequate - before, during and after the event," lawyer Scott Bergman wrote in the report released Monday.

This added to the distrust of police in some circles," Bergman, of Cooper, Sandler, Shime & Bergman LLP, continues in the executive summary of the 125-page document.

With every crisis comes opportunity. There has been a legacy of distrust of police among many, not all, members of the Two-Spirit and LGBTQIA+ communities in Hamilton."

But Bergman calls the review a blueprint for renewal."

Hamilton police declined to immediately comment on the independent review's findings.

Bergman is expected to present the results to the police services board June 11, police said in a news release Monday. Chief Eric Girt will speak to the media after the public meeting, the release said.

At the event, extremist Christian preachers - accompanied by white nationalists - showed up at Pride celebrations in Gage Park toting anti-LGBTQ signs.

A formation of masked counterprotesters responded by positioning a large fabric screen in front of them to block the homophobic display from celebrants deeper in the park.

Violence - kicking, shoving and punching - ensued.

The arrests of Pride defenders," including a transgender anarchist parolee for a speech during an LGBTQ advisory committee meeting at city hall, sparked further outrage.

Girt was then assailed for his commentary on a local radio program about the policing response and remarks about the LGBTQ community. He issued public apologies more than once.

In his review, Bergman said the police fell short in its planning and preparation" for the Pride celebration.

Police didn't prepare an operational plan until two days before the event, and failed to properly and effectively consult" with its organizers, he found, calling it wholly inadequate."

The police lacked important details," including a map of the park, event permit areas and where the agitators" would likely show up.

The operational plan also failed to specify legal mechanisms such as relevant Criminal Code provisions and municipal bylaws that could be used to protect the event and its attendees from being disrupted and intimidated by agitators."

Four officers assigned to Pride responded appropriately to a chaotic and volatile situation," the report says, but it was not safe to break up the confrontation without more resources" and they had to wait for backup."

Bergman's report also addresses comments Girt made about the police's response on a local radio program. These remarks demonstrated a lack of concern for the LGBTQIA+ communities."

The HPS is committed to and has taken steps to improve the relationship, but more must be done. The HPS has committed to do this difficult work. There are many Two-Spirit and LGBTQIA+ community members who want to work with the HPS to improve the relationship. But there are also many who do not."

Bergman writes that mending frayed relationships will undoubtedly take time" and require a concerted effort" by all, but as a public institution, the onus rests first and foremost with the HPS."

The report offers several recommendations to do this:

• Police should unequivocally" apologize to the community for inadequate planning, the absence of communication with Pride organizers, and for creating the impression that the police response to agitators would have been different had the HPS been formally invited to the event;

• For 2021, officers, including the LGBTQ liaison officer, should meet with Pride organizers to discuss public safety issues after the OP is drafted and before the event takes place;

• The operational plan must include far more information than it has in previous years, including the numerous legal tools available to prevent agitators from disrupting the event;

• On the day of the event, supervising officers should arrive at the park and contact organizers before the event starts - they should be in constant communication with organizers throughout the event;

• The HPS and the Hamilton Police Services Board should publicly acknowledge that building a relationship of mutual trust will take years and should publicly commit to the hard work necessary for that to happen;

• The HPS must develop and mandate more in-depth seminars and hands-on training for officers with respect to Two-Spirit and LGBTQIA+ issues;

• HPS officers of all ranks should be required to work within the Two-Spirit and LGBTQIA+ communities on a regular basis in order to receive experiential training in conjunction with more traditional, lecture-oriented sessions;

• All senior command officers should receive enhanced media training to ensure any media appearances are conducted with professionalism and appropriate messaging;

• The HPS should carefully consider undertaking a diversity audit or organizational culture review;

• The HPS should issue a statement such as The Hamilton Police Service is committed to protecting the public safety and ensuring that Pride 2021 is a success for everyone that attends to celebrate the diversity of Hamilton. HPS will work with Pride organizers to ensure a safe event where everyone is respected regardless of whether the HPS is asked to participate in Pride";

• The police services board and/or the HPS should institute a mechanism for external review and audit of these recommendations and grading of compliance, and the HPS should be prepared to address how and in what manner it has responded to these recommendations 12 months and 24 months after the release of this report.

The city was also criticized for what complainants have characterized as a tepid response to the bigoted violence.

To articulate their discontent, protesters showed up at the mayor's home to plant signs on his lawn. Vocal attendees also registered their disapproval during council and police board meetings at city hall.

To help restore trust, police appointed a new LGBTQ liaison officer, Det. Const. Rebecca Moran - a first for the police service. They have also held feedback sessions with community members.

At city hall, Mayor Fred Eisenberger has received council support for pursuing the creation of a multi-purpose hub for Hamilton's diverse and marginalized communities amid rising concerns over discrimination. He also struck a task force against hate.

The backdrop for the Pride violence was a regular gathering of anti-immigration rallies outside city hall, which pro-diversity advocates flagged as blatant signs that hate groups were flourishing in Hamilton.

Teviah Moro is a Hamilton-based city hall reporter at The Spectator. Reach him via email: tmoro@thespec.com