'Problem' arises, Berg inquest adjourned

Judge tosses out charges, cites police misconduct

BC Government agency takes homeless to court over $100

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In a sudden development, the coroner's inquest into the death of Jeff Berg has been adjourned to 10:30 a.m. on Tuesday, June 29, 2004, when lawyers will convene to make submissions respecting a 'problem' that has arisen. Berg family lawyer Cameron Ward indicated at the inquest today that the problem related to a letter the jury delivered to the Sheriff, and asked that a copy of the letter be marked as an exhibit. Coroner Jeannine Robinson advised those in attendance that the letter will be marked as an exhibit when the inquest reconvenes on Tuesday to consider counsel's submissions on the matter.

The coroner's inquest is being held in Coroner's Court, MetroTower II, 20th floor (2035-4720 Kingsway, Burnaby, British Columbia)

Jeffrey Michael Berg, 37, died on October 24, 2000 of injuries inflicted by VPD Cst. David Bruce-Thomas during the course of an arrest on Sunday, October 22, 2000.

In a judgment released June 24, 2004, Provincial Court Judge D. I. Smyth has dismissed and stayed all charges against our client Murray Bush arising from an incident that occurred on October 3, 2002. Mr. Bush was photographing a public demonstration against Premier Gordon Campbell's visit to the Britannia Community Centre when he was handcuffed and taken into custody.

Mr. Bush was taken by a paddy wagon to a Canadian Tire store parking lot where, in a situation eerily similar to the Stanley Park police beatings a few months later, a group of up to 40 uniformed VPD police officers opened the doors and threatened Mr. Bush with violence. He was then driven to the Vancouver Jail and subjected to a humiliating strip-search. Mr. Bush made eight or more requests to call a lawyer, all of which were ignored. Despite the fact that he had no criminal record, that he had cooperated fully with the police, and that court officials were available to release him on conditions, Mr. Bush was held in the Vancouver Jail for over 26 hours.

After hearing the evidence in the 20 day trial, Judge Smyth concluded that the police conduct so seriously violated Mr. Bush's constitutional rights that two of the charges must be stayed. A third was dismissed as unproven.

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Lawyers representing a BC Liberal government social housing agency were in the Court of Appeal in Vancouver on Monday, June 7, 2004 to appeal a BC Supreme Court decision ordering them to pay $100 each in court costs to forty homeless people who occupied the abandoned Woodward's building in September 2002.

In a factum filed with the Court, the lawyers for the Provincial Rental Housing Corporation argued that the award "was unjust because it penalizes an innocent party who only sought to protect its property rights." Lawyers for the defendants countered by pointing out that the homeless were never convicted of anything and that "all citizens, even homeless ones, enjoy the presumption of innocence." They sought to uphold the award, made because the provincial government dropped civil proceedings at the last moment, thereby inconveniencing the defendants and their lawyers.

"I wonder how much BC taxpayers have paid government lawyers to pursue this case in the province's highest court for the last year and a half", mused defence lawyer Cameron Ward. "I'll bet it's substantially more than $4,000." After hearing oral submissions, the three Court of Appeal justices reserved decision. Arguments were later made in two separate appeals brought against the injunctions that resulted in the eviction of homeless squatters from the Woodwards building and adjacent sidewalks. Judgment was reserved in those cases also.