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The Guilty Plea

UPDATE, Nov 24: Attached below is a copy of the “Agreed Statement of Facts” that the Crown presented at court as their case against me. This is all I pleaded guilty to.

and very briefly on sentencing… while I am scheduled to be in court on Jan. 13–the same day as Amanda Hiscock’s sentencing–i intend to delay my own sentencing hearing, likely until the spring.

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Today I pled guilty to one count of counsel to commit mischief and one count of counsel to obstruct police. This guilty plea was part of a collective deal that secured the withdrawal of charges from 11 allies. My original charges were four counts of conspiracy, six counts of counsel, two counts of intimidation, and two breaches of probation.

One of the specific things that I pled to is in relation to the “target list” that was made for the Toronto Community Mobilisation Network. It was a list of banks, political offices, police stations, corporate outlets, and other places where people might have wanted to protest during the G20. I never considered that it might be a crime to compile such a list, even though I did indeed know that some of the places on this list would be subject to property destruction. That was going to happen whether we made the list or not.

The other specific thing I did that is being understood as “criminal,” is a direct action workshop that I facilitated where a component of the workshop entailed discussions about “de-arresting” people, and strategies and tactics for doing so. De-arresting is defending our friends and allies from the clutches of the police. I believe that people have an inherent right to protect themselves and an obligation to protect each other. People can decide for themselves whether or not the bulk of the arrests during the G20 were lawful or not, and whether or not that matters.

Nothing about this deal changes any of my analysis of the meaning of the state’s prosecution and their efforts to criminalise organising and dissent. I have posted (on my blog) the un-redacted version of my piece from October 11. Over the next few weeks I will be posting some of my reflections on the collective deal we have taken, some of the pieces I wrote when first in jail right after our initial arrests, updates on my sentencing (which is being delayed), and also maybe some other things that I have been waiting to say, and perhaps even some writing that has nothing at all to do with the G20 Conspiracy charges.

https://alexhundert.wordpress.com/2011/10/11/g20-conspiracy-prosecution-and-the-criminalisation-of-mass-organising/

https://alexhundert.wordpress.com/2011/09/12/conspiracy-to-riot-in-the-age-of-austerity/

https://alexhundert.wordpress.com/2011/02/02/out-of-jail/

https://alexhundert.wordpress.com/2011/01/04/capitalism-criminalization-and-resistance/

Solidarity, love and respect to Ryan Rainville, Kelly Pflug-Back, Byron Sonne and every single other person still facing charges or sentences arising from the G20, from Occupy, and anyone else arrested while standing up for themselves, others, or the land.

Thank you to everyone who has supported us.

Fight Back.

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see conspiretoresist.wordpress.com for collective and individual statements by the 17 former co-defendants

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AGREED STATEMENT OF FACTS: Alex HUNDERT

 This is an agreed statement of facts jointly submitted in support of a guilty to plea to one count of counseling to commit mischief over, and one count of counseling to obstruct a peace officer, as follows:

1.         The G20 Summitwas held in the City ofToronto,ProvinceofOntario, between the dates of June 25, 2010 and June 27, 2010.

2.         During the months leading up to the G20 Summit, police from a number of forces made massive expenditures of resources  to prepare for any threats there might be to public order and security during the Summit.  These police forces included the Royal Canadian Mounted Police, Ontario Provincial Police and the Toronto Police Service.

3.         The police managed to infiltrate a number of activist groups that were meeting to plan protests and actions against the G20 Summit. These groups can be described as anarchist groups or groups that had an anti-capitalist and anti-colonial agenda.  Some of these groups were involved in working for indigenous sovereignty, land and treaty rights, for migrant justice and on environmental issues, advocated for and provided services for poor and homeless people, were involved in widespread public education campaigns, and also were independent media providers. Undercover police officers attended and participated in meetings over the course of this investigation. These meetings became increasingly focused on the G20 Summit as the date approached.

4.         It was during these meetings that two embedded undercover OPP officers came to be familiar with Alexander Hundert. Mr. Hundert was ideologically opposed to the existence, role and policies of the G20.  Mr. Hundert expected the primary focus of the Toronto G20 meetings to be an “austerity” agenda, which he opposed.  Mr. Hundert also opposed the security being put in place for theSummit.  Based on his perception of past Summits’ histories of protests and policing, Mr. Hundert believed that the security plans for this summit were meant to stifle dissent, contain protests, create distance between the protestors and the delegates, establish police control of the city and would likely entail mass arrests.

5.         One or both of the undercover OPP officers were present at meetings of activist groups and organizations inTorontoand other locations inSouthern Ontariowhere discussions and planning for protests at the G20 Summit occurred. It was apparent to both of the undercover officers that Mr. Hundert stood out as being well-known and well-respected in the groups, and appeared to be listened to by other attendees at the meetings.  Mr. Hundert was aware from these meetings and his knowledge of what had happened at previous G20 Summits, that some of the people who would be in attendance at this Summit would be intent on committing many different acts in protest of the G20, some of which would be criminal, including marches, rallies, and property damage; and that confrontations with the police would result from some of these actions.

6.         It was in these meetings, whose attendance ranged from around 5 people to well over 100 people, that Mr. Hundert counseled and encouraged those in attendance to commit acts involving property damage and to obstruct the police.

7.         Mr. Hundert, working with others, compiled and disseminated a “target list” in which he provided the names and locations of places deemed appropriate for direct action by protestors.  This list included major banks, police divisions, consulates, corporate outlets and other locations. Mr. Hundert encouraged people to use the “target list” to determine which specific locations should be targeted for protests and a wide range of direct action tactics.  He was aware this could involve property damage.

8.         Mr. Hundert also taught methods of “de-arresting” any protesters observed being taken into custody.   “De-arresting” refers to the act of assisting a person being arrested by interfering with the arrest using a variety of tactics. While advising protesters on how to defend one another, Mr. Hundert did not specify to those he trained that de-arresting should only be undertaken if people were certain that an arrest was unlawful.

9.         On June 26, 2010, after a week of protests, a large riot broke out in downtownToronto. During the course of the riot, protesters, some dressed in black clothing and masks, moved through the downtown streets and smashed the windows of banks, and stores using sticks, newspaper boxes and other items. These were not isolated incidents; widespread property damage was caused.  This occurred onYonge St.,Queen St. West, andBay St. In addition, several police cars were set on fire downtown, on Queen St. Westand onBay St. This riot went on for several hours on the afternoon of Saturday June 26.

10.       The majority of the large scale property damage was done on June 26th and it mostly targeted businesses that would be classically deemed to be “capitalist” in nature, for example, major banks and corporate businesses.

11.       In addition, on June 26 and 27, 2010, there were many confrontations between protesters and police.  Some of these confrontations included the successful or attempted de-arresting of individuals.

12.       Mr. Hundert was arrested at his home, early on the morning of June 26th and was not in attendance at the riot that began later that day. It cannot be proven that the individuals counseled by Mr. Hundert contributed to the property damage or obstruction of the police that occurred on June 26th or 27th.

13.       At the time of the time of these offences, Mr. Hundert was on a probation order entered into on March 8, 2010 (as a result of blocking garbage trucks from attending a garbage dump on what he and other supporters perceived to be indigenous lands, in violation of a Court injunction) which required that he Keep the Peace and Be of Good Behaviour.

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Categories: Uncategorized
  1. Jesse
    November 25, 2011 at 7:50 pm

    “Some of these groups were involved in working for indigenous sovereignty, land and treaty rights, for migrant justice and on environmental issues, advocated for and provided services for poor and homeless people, were involved in widespread public education campaigns, and also were independent media providers.”

    Glad we have police to deter people from carrying out any of these nefarious plans.

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