Charges against two men for a conversation they had on Calgary transit whilst en route to the 1 Million March 4 Children in October have been dropped. They had allegedly “interfered with the comfort of an unknown transit user,” the men’s defence lawyer Alan Honner of The Democracy Fund (TDF) said at the time. When they got off the train, police officers were waiting for them. One was handcuffed and they were both detained. The two individuals who were charged said they were having “a private conversation” with another “like-minded passenger” in a nearly empty car. The City of Calgary has now dropped the charges against the men, who were scheduled to appear in court in late November. Honner received an email late last week from the city “advising that the charges have been withdrawn and there will be no court appearance.”The notice advised the by-law the men were charged under prohibits passengers from “interfering with the comfort, convenience or quiet use and enjoyment of the transit system of any reasonable person.”However, the men were still not told what they said or did “to contravene the by-law,” TDF wrote. Further, Honner did not receive disclosure, despite having requested it twice.“Now that the charges have been withdrawn, there is no requirement for Calgary to provide disclosure as there is no case to answer or defend,” Honner wrote.He will meet with his clients “to discuss whether they intend to pursue information about their withdrawn charges through another legal avenue.”
Charges against two men for a conversation they had on Calgary transit whilst en route to the 1 Million March 4 Children in October have been dropped. They had allegedly “interfered with the comfort of an unknown transit user,” the men’s defence lawyer Alan Honner of The Democracy Fund (TDF) said at the time. When they got off the train, police officers were waiting for them. One was handcuffed and they were both detained. The two individuals who were charged said they were having “a private conversation” with another “like-minded passenger” in a nearly empty car. The City of Calgary has now dropped the charges against the men, who were scheduled to appear in court in late November. Honner received an email late last week from the city “advising that the charges have been withdrawn and there will be no court appearance.”The notice advised the by-law the men were charged under prohibits passengers from “interfering with the comfort, convenience or quiet use and enjoyment of the transit system of any reasonable person.”However, the men were still not told what they said or did “to contravene the by-law,” TDF wrote. Further, Honner did not receive disclosure, despite having requested it twice.“Now that the charges have been withdrawn, there is no requirement for Calgary to provide disclosure as there is no case to answer or defend,” Honner wrote.He will meet with his clients “to discuss whether they intend to pursue information about their withdrawn charges through another legal avenue.”
