Taylor Freeman stands for a photograph before participating in an anti-fur protest outside a clothing store in Vancouver on Thursday January 7, 2016. British Columbia's police watchdog has dismissed a complaint from an anti-fur activist who claimed Vancouver Police violated his rights by banning him from visiting a store he regularly protests.DARRYL DYCK/The Canadian Press
British Columbia's police watchdog has dismissed a complaint from an anti-fur activist who claimed Vancouver police violated his rights by banning him from visiting, or even walking past, a store where he regularly protests.
The Office of the Police Complaint Commissioner said in a letter to Taylor Freeman that a police report revealed a number of documented calls for service outlining his behaviour that caused a female employee discomfort, sickness and fear.
"The issue at hand involves a clash of rights: the right to protest versus the right to feel safe," wrote investigative analyst Anthony Parker. "While the charter guarantees the right of freedom of expression, that right does not allow for the contravention of criminal law."
It is important to note that Freeman's behaviours were alleged by the female employee to have been targeted at her, not the business, Parker added.
The letter concluded that the commissioner is satisfied that officers' behaviour would not constitute misconduct as defined by the Police Act, noting that police are given considerable discretion to conduct investigations as they see fit.
Advocacy group Animal Justice had filed a complaint on Freeman's behalf, arguing that a warning letter from police infringed on his charter right to protest and unfairly restricted his travel through downtown Vancouver.
The letter advised that if he had any contact with a female employee at Snowflake Trading Corp. Ltd., he would be arrested for criminal harassment. Freeman said an officer told him the restriction includes walking past the downtown store, blocks from where he works and lives.
He has said that he does not know the identity of the female employee and he never entered the store or spoke with staff. He denied being physically or verbally threatening, and his complaint suggested he was targeted as the only African-Canadian protester to frequent the store.
On Tuesday, Freeman said he's concerned that the commissioner's decision will give police further latitude to issue criminal harassment warning letters to protesters.
"I think that gives the police more leeway to be more heavy-handed with these kinds of complaints in the future, taking away protesters' rights to peacefully assemble," he said.
But Rokie Bernstein, CEO of Snowflake, applauded the decision.
"I'm very pleased to not have someone feel that they can take the right to free speech further into an attitude of violence, bullying and harassment, and that eventually, the plea for help will be recognized by someone who can do something about it."
Bernstein has said Freeman is extremely aggressive and threatening, frequently hurling obscenities at customers and staff and once following a frightened employee to a nearby coffee shop. Another Vancouver store owner, Jason Overbo of Brooklyn Clothing, also said Freeman had harassed and threatened staff and neighbourhood residents.
The police complaint commissioner's office noted that a criminal harassment warning letter is a preventative measure — a foundational element in an investigation, which could, if the behaviour continues, lead to a criminal charge.
"If Mr. Freeman chooses not to comply with the warning letter, he may have the opportunity to present his case to a judge for a determination on whether his conduct amounts to criminal harassment," Parker wrote.