‘Keeping up statues of hate is wrong’: Indigenous activist charged in Gore Park statue toppling

Earlier this week, Miguel Avila-Velarde picked up the phone and called Toronto Police's 51 Division - but he wasn't reporting a crime or tipping off officers.

Instead, he was turning himself in.

Avila-Velarde was one of about 200 people who had gathered in Gore Park for an Indigenous unity rally last weekend when the statue of Sir John A. Macdonald was toppled.

Canada's first prime minister had a pivotal role in the creation of the residential school system that has since been labelled by the Truth and Reconciliation Commission as an act of cultural genocide" against First Nations, Inuit and Metis.

Saturday's rally began at Hamilton city hall and ended with a march to the statue. Protesters used rope, tied around the statue's neck, to pull it down. The statue was painted red, damaged with an angle grinder and hammer, and left face up with pieces of cedar scattered over it.

Speaking to The Spectator on Thursday, Avila-Velarde said he was just one of many attendees that helped to pull" the statue down that day.

I'm not going to hide," he said, in a Zoom call. The picture is public."

Avila-Velarde, 56, said he was arrested by Hamilton police Wednesday afternoon and charged with mischief over $5,000. He was released later that day and is set to appear in court in October.

The toppling was met by cheers from the crowd, with many remarking that the community took action where elected leaders would not.

Last month, Hamilton city council shot down a motion to temporarily remove the 128-year-old statue and put it in storage pending a review of city-owned landmarks and monuments. The motion was rejected in a 12-3 vote.

The statue has since been moved into storage and the damage to the statue is estimated to be in excess of $5,000.

Avila-Velarde, a longtime Indigenous activist in Toronto, said he was invited to the Hamilton event just days after council's vote - which he said led to the pulling down of the statue, which he joined in solidarity.

It was a day where people were tired," he said. I have to support them. They are my people."

The 56-year-old is just one of four suspects believed to be involved in the incident, which police are investigating as criminal mischief. No other arrests had been made as of Thursday afternoon.

Avila-Velarde said the risk of arrest and detention is worthwhile if it leads to change.

Sometimes reform requires a little bit of action and a gentle push to our politicians," he said. I'm not afraid to call out leaders when they make mistakes."

Avila-Velarde said he was outraged" and appalled" with council's decision to keep the statue up, as he is an Indigenous man with three children of his own.

He's hopeful that the action taken by the group leads city officials to step back, and take a deep breath and make a second sober opinion." He also pointed to cities such as Kingston, Ont., and Charlottetown, who have already removed their effigies of Macdonald.

Avila-Velarde said the statues as they were standing reminded Indigenous communities of decades of trauma" and pain" suffered amid colonialism.

Keeping up statues of hate is wrong," he said. We have to do something so people start to think."

Avila-Velarde said he plans to fight the charge in court but hopes it is dropped, noting there is no honour in prosecuting" those involved.

In an email to The Spectator, Hamilton police spokesperson Jackie Penman said the force must balance the right to freedom of expression and peaceful assembly, while also upholding the law."

There is a distinction between activism and criminality," said Penman, in an email. In this case, the toppling of the Sir John A Macdonald statue was a criminal act and charges were laid accordingly."

The investigation into the incident is ongoing, she said. Police expect to lay further charges as they review footage and appeal for witnesses.

Fallon Hewitt is a Hamilton-based reporter at The Spectator. Reach her via email: fhewitt@thespec.com