Halifax Lawyer Representing Fined Demonstrators At Palestine Rally Pro-Bono

HALIFAX – A prominent Halifax defense attorney has decided to take on the first-ever pro-bono case of his career. The people who will be receiving his services, free of charge, are those who received a ticket by Halifax Regional Police for attending the Free Palestine Rally last weekend.

Peter Planetta, of the law firm Planetta Hughes LLP, says he is currently representing 12 people who were fined under the provinces Health Protections Act for gathering by the hundreds to show support of Palestinians on the Gaza Strip.

The term “pro-bono” is often misconstrued as meaning “for free”, but is actually a Latin phrase meaning “for the public good.” Planetta believes this case represents the public good because he says these demonstrators’ rights to assemble and freedom of expression were violated.

“What struck me, as I watched this unfold; I’ve always thought that the freedom to express ourselves, the freedom to stand up for the things that we believe in…is one of our most fundamental and important freedoms,” said Planetta.

“I realize that we’re in the middle of a pandemic, and some rights have to be limited in order to allow us to socially distance and limit the spread of Covid-19. But this instance, to me, went over the line…”

Some of his clients were also ticketed under the motor vehicle act for “operating a vehicle in a manner that causes excessive noise,” which Planetta says is ridiculous, given that this was a demonstration, and the “noise” that they caused by honking horns and such was a use of free expression.

In Canada, the government can put reasonable limits on Charter rights if it is for the good of a free and democratic society – meaning these rights are not absolute. Many legal minds have agreed that the new limits on freedom of assembly are just, given the nature of the Covid-19 pandemic.

Planetta points out, however, that the pro-Palestine demonstrators largely stayed in their vehicles during the rally, and people kept to a maximum of four per car. On top of that, attendees were instructed to only be in a vehicle with people already in the same bubble.

The defense lawyer claims these safety measures separate the Free Palestine rally from the anti-lockdown rally that occurred on Citadel Hill the same weekend.

“There is a stark difference between those two protests, but I don’t see it being the issue that they’re protesting,” said Planetta.

“When you’re doing so in a way that is scientifically not safe, then I think it is a reasonable limit…”

Halifax wasn’t alone in hosting rallies to support Palestine and condemn the acts of the Israeli government. Ever since the conflict began between Hamas and Israel, at least 248 Palestinians have been killed, including dozens of children, and 1900 wounded. Even more outrage occurred when a 12-storey building was hit housing Al Jazeera and the Associated Press journalists. Luckily, no one was killed when the building was destroyed.

In Israel, at least 13 people, including two children have been killed because of Hamas rocket attacks in the region. After 11 days of fighting, Hamas and Israel agreed to a ceasefire.

“There are a group of individuals here, in my home in Halifax, who are deeply concerned about this and passionate about it…and there was an attempt by the authorities to prevent them from doing that,” said Planetta.

“It doesn’t sit well with me. I think it is in violation of our Charter rights. I don’t think what was done constitutes a reasonable limit on Charter rights.”

Planetta believes it is crucial to protect people’s Charter rights during the pandemic. He notes that, throughout human history, rights that are taken away during times of crisis are often not returned when things go back to normal.

“There is, in history, ample president for, when rights are eroded …you don’t get them back,” he says.

“If this weren’t contested then the state here is free to, and will, prevent anybody from protesting any issue. Our right to assemble and protest is fundamental.”

The tickets are still very early in the legal process. Planetta says he doesn’t know how far this will go, but he is willing to go to trial if need be. In the meantime, he wrote a letter to HRP police chief Dan Kinsella asking that the tickets be reviewed, and an apology given to the demonstrators for their treatment by police officers. He says Kinsella has yet to respond.