Protester charged in toppling of Sir John A. Macdonald statue ‘free of charges’

The case against an activist charged in the toppling of the Sir John A. Macdonald statue in Gore Park has been stayed, The Spectator has learned.

Miguel Avila-Velarde of Toronto was one of around 200 people who had gathered in the downtown Hamilton park for an Indigenous unity rally back in August 2021.

The demonstration began at city hall and ended with a march to the statue. Protesters then 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.

Macdonald, 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.

Avila-Velarde had been charged with mischief over $5,000 in connection to the incident after turning himself in to Toronto police after his picture was released by Hamilton police.

He was one of at least four suspects believed to be involved in the incident, which police were investigating as criminal mischief. No other arrests were made despite pictures of the three other suspects being widely circulated in the media, confirmed Hamilton police.

Hamilton lawyer Charles Spettigue told The Spectator on Tuesday that the Crown had determined it wasn't in the public interest to proceed" with the case against his client.

The decision was made official during a hearing on Monday. The Spectator reached out to the Crown on Tuesday but was directed to the Ministry of the Attorney General.

Spettigue could not provide any further details on what influenced the conclusion, but he described it as an appropriate decision" by the Crown, noting that Avila-Velarde was expressing a political view" in the incident.

Avila-Velarde also admitted to taking part in the toppling in a previous interview with The Spectator.

Macdonald is a controversial figure for a lot of people," he said. Some people see him as a founding father, others see him as a genocidal person who caused extraordinary grief and damage to Indigenous families."

In a video sent to The Spectator, Avila-Velarde expressed his gratitude for Spettigue's work on his case, while also noting he is proud to be Indigenous."

I'm free of the charges," said an elated Avila-Velarde. I'm happy I'm moving forward."

The toppling of the statue came weeks after Hamilton city council shot down a motion to temporarily remove the bronze and put it in storage pending an Indigenous-led review of city-owned landmarks and monuments.

The statue has since remained in storage and the damage to the bust was previously estimated to be in excess of $5,000.

Following his arrest, Avila-Velarde told The Spectator that the risk of repercussions was worthwhile if it led to change. He noted that his decision to take part in the toppling of the statue was fuelled by the decision made by the council.

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

It's unclear what the future holds for the effigy.

In an email to The Spectator, city spokesperson Michelle Shantz said the statue remains in city storage pending further consultation and a decision as to how to move forward."

The first phase of the city's landmarks and monuments review - which was approved by council last May - identified the statue, along with four other sites across Hamilton, as high priorities for further review and short-term action," said Shantz.

That action includes the installation of temporary interpretative signage at the sites that indicate that the city is aware these sites are problematic and about the need for further action, consultation and public education."

Shantz said that signage is slated to be installed for early spring and that city staff have worked closely with an Indigenous circle of experts to assist with the design, staging and messaging for signage."

A report authored by Indigenous advisory firm First Peoples Group last year recommended the city not relocate or reinstall the Macdonald statue.

Rather, its remaining pedestal and cannons should be removed to allow space for the re-imagination of the site," said the report, titled Honouring Our Roots."

A ceremony should be held to cleanse the site and the public should be invited to offer feedback on how that part of the downtown park could be used, recommended the report.

Fallon Hewitt is a reporter at The Spectator. fhewitt@thespec.com