Why aren’t police charging more anti-lockdown protesters?

Hundreds of people are spilling onto Hamilton streets to participate in illegal anti-lockdown protests.

Just a handful are being fined.

The reason why, police say, is safety - theirs and the public's.

Given the sheer volume of individuals participating in the protest, Hamilton police were focused on keeping the peace and maintaining public safety," said Hamilton police spokesperson Jackie Penman, explaining why police laid just one charge against the organizer of an anti-lockdown protest attended by more than 150 people in Stoney Creek on Saturday.

After a similar protest in April - one attended by more than 400 people, but resulted in just five charges - police spokesperson Const. Krista-Lee Ernst cited officer safety" and the protest being last-minute when explaining why more charges weren't laid.

Generally, with protests, they are planned, we are aware of them, whether it's posting online ... we have an operational plan," Ernst said. There were 400-plus people there and we can't be stopping and issuing tickets while there are 400 people moving."

Hamilton's mayor says he understands police are in a tight spot - and he supports how they've handled things to date - but in an ideal world, he wants all protesters fined.

It's a slap in the face for all those that are doing it right," said Mayor Fred Eisenberger of anti-lockdown protests. It's upsetting and unsettling."

Eisenberger, who is also the chair of the Hamilton Police Services Board, noted that hundreds of protesters is not many people relative to Hamilton's population of more than half a million. The fact they're not attracting more followers is a good thing in light of their problematic messaging surrounding public health measures needed to combat COVID spread, he said.

They're obviously looking for attention," he said. It almost doesn't deserve attention."

The mayor noted at least some protesters seem to be coming in from outside Hamilton. It's a travelling road show in some respects," Eisenberger said.

At a city news conference Monday, Hamilton's director leading the pandemic response, Paul Johnson, raised the fact that even if police or city bylaw officers don't fine people at a protest, that doesn't mean fines won't come later.

We do often issue charges after the fact, particularly to those who are organizing these events," Johnson said.

Under the province's stay-at-home order, it is illegal to gather with anyone who is not a member of your household.

Eisenberger believes anyone breaking the law at these protests should face consequences. He worries, though, that crackdowns could come at the expense of public safety.

I would like to see many, many more charges but I also understand the limitations," Eisenberger said. When you've got a crowd of 300 or 400 people it can become very unruly if you try to ticket them all. Then it goes from a peaceful demonstration to a potentially aggressive and violent demonstration."

And while that might be cold comfort to those law-abiding Hamiltonians currently fearful of being fined for, say, playing tennis or jogging up the escarpment stairs - both banned activities - they should take solace knowing they're helping to stop COVID's spread, he said.

Furthermore, the mayor says he wants more teeth to charges laid under the province's Emergency Management and Civil Protection Act. If the fines aren't paid, he thinks there should be repercussions, such as not being able to renew your driver's licence.

Katrina Clarke is a Hamilton-based reporter at The Spectator. Reach her via email: katrinaclarke@thespec.com