Unclassified

May 23, 2024

Chair Shawn Cornett Via Email

Calgary Police Commission
Bow Valley Square Tower One
1150, 202-6th Avenue SW
Calgary, Alberta T2P 2R9

Dear Chair Cornett,

Re: Post-Event Debriefing

On Monday, May 13, 2024, the Calgary Police Commission (CPC) passed a motion requesting that
CPS provide, “in compliance with the Major Events Policy, a post-event debriefing both in public
and in camera on the efforts to police recent protests over the war in Gaza”.
I’m providing this letter in response to the motion and to ensure the discussion at the Wednesday,
May 29, 2024 CPC meeting is well informed. A presentation will also be provided at the meeting.
The purpose of these briefings is to assist the CPC in effectively exercising its governance role as it
relates to policing priorities and objectives, policy, and resourcing. As recognized in the CPC’s
Major Events Policy, the CPC does not provide direction on police tactics or operational decisions.
Background
On Saturday, October 7, 2023, Hamas attacked Israel. Subsequently, the war in Gaza began.
Since then, these events have had a profound impact on our community, with the CPS attending 96
demonstrations related to the conflict in the Middle East. Until recently, protests were generally
located throughout the downtown core. While these protests have been challenging for police,
Calgarians, and protestors alike, the overwhelming majority have been peaceful and have occurred
without incident. Throughout these protests CPS has clearly communicated with protestors about
their rights and responsibilities.
In mid-April, pro-Palestinian protestors began establishing camps on university campuses in
Canada and the United States. These camps are generally focused on putting pressure on
universities to disclose and end financial ties to companies with links to Israel. Most camps have
remained entrenched for many weeks.
The CPS recognizes the deep pain that Calgarians are experiencing over the war in Gaza, and
their desire to speak out. Many of our community members, including CPS members themselves,
have family in the region or are otherwise directly impacted by the war. The CPS also recognizes
the important role that universities play as institutions of learning and debate, and in advancing
social change. The CPS respects the rights of students to peacefully protest. The Service’s
presence at protest events is as much motivated by the need to protect those who are exercising
these rights, as it is about enforcing other applicable laws.
No right, however, is without limit, particularly when it infringes on the right of others to their private
property and to their safety. Any unlawful or unsafe activity is addressed by CPS in a necessary,
reasonable, and proportionate manner. Although the Service spends considerable time gathering
information and intelligence, and planning for known protests, the effectiveness of planning is
impacted by established relationships and communication with community members and protest
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leaders. When protestors communicate with police about their plans, it helps everyone ensure that
an event is lawful and safe.
Once a protest is underway, managing it means striking a dynamic balance. Incident Commanders
must respond to changing circumstances and protest/counter-protest behaviour, in real time. The
Incident Command team is often privy to information the public does not have. The CPS makes its
own, independent decisions about its response in a risk-based manner and dictated by protestor
behaviour.
Just as incident response is heavily context-specific, so is the applicability of the Charter of Rights
and Freedoms. What constitutes a reasonable limit on the rights to expression and assembly
depends on the circumstances of a given case. It is important to remember that, as complex as the
legal landscape can be, the Charter does not remove the ability (and obligation) of the police to act
rationally to resolve incidents safely.
It is with these objectives and principles in mind that CPS attended and ultimately removed the
camp at the University of Calgary on Thursday, May 9, 2024.
Event at the University of Calgary
The CPS began dialogue with the University of Calgary and other post-secondary institution several
weeks prior to the May 9 event. The University of Calgary provided its student community with
notice that, as per university policy, they would allow peaceful demonstrations but not camping
overnight or establishment of structures. The CPS remained in regular contact with post-secondary
institutions to ensure open lines of communication.
On May 9 at approximately 5:30am, a small group of people (estimated at 20) began to set up tents
near MacEwan Hall at the University of Calgary. Although it was anticipated that protests would
take place at post-secondary institutions in Calgary, the timing of this event was spontaneous.
Engagement with protestors started right away. Protestors were advised by university staff that
they were permitted to protest but not to camp. They were also verbally advised that the camp was
a trespass on university property.
A CPS call for service from campus security was generated at 6:37am. The CPS’ initial response
was limited to patrol officers, who also started dialogue with protestors early in the day. Under the
oversight of the Real Time Operations Centre, an Incident Command Structure was established,
including an Incident Commander, Critical Incident Commander, and Public Safety Unit (PSU)
Commander. Incident Command had access to legal counsel for advice as needed. A Mobile
Command was established near McMahon Stadium and resourcing was addressed during the day.
At 10:30am, there were over 25 tents erected. Protestors were not agreeable to leaving and put
out calls on social media for more attendees and supplies (zip ties, rope, generators, food, shields,
etc.) to be brought to the encampment. At 1:00pm, the crowd size had doubled to approximately
40 people. At 2:15pm, a U-Haul van arrived, and supplies were unloaded into the camp. Wooden
pallets were used to build a fence around the camp. It was eminently clear that, following
precedent from other jurisdictions, the protesters intended to establish a camp on university
property for the long term.
During the subsequent hours, negotiations with the protestors continued with the aim of voluntary
compliance and de-escalation. Protest leaders encouraged participants to ignore police. The
primary protest leader was a known activist who has led numerous pro-Palestine protests
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throughout the City of Calgary since October 2023, and is not a University of Calgary student. CPS
intelligence indicated that the protest overall was significantly influenced by individuals not affiliated
with the University of Calgary.
At 8:00pm, the number of protestors was estimated at 150, and CPS negotiators made repeated
calls on a loud hailer advising the protestors that their safety was a priority, that they were
trespassing on private property, and that they must leave the camp. Protestors were chanting that
they would not leave. Shortly after, PSU members arrived at the protest. At 8:30pm, protestors
reinforced the barricades around the camp with extra rope and zip ties.
Further negotiations occurred, including with a community Elder who advised that some people
wanted to leave; they were given time to leave the camp. Shortly after 9:00pm, the crowd was
reduced by half through voluntary departures (estimated at 60 people remaining).
At approximately 9:20pm, there was a meeting of protestors in the middle of the camp, and it was
clear that they were not going to voluntarily leave. Projectiles (bottles) were thrown at PSU
members.
The crowd settled for a period and, between 9:30pm and almost 11:00pm, negotiations continued
with the aim of voluntary compliance. Negotiators broadcasted that protestors were still being
given the opportunity to leave. It initially appeared around 9:40pm that protestors were packing up,
but very few people left and tents remained up. Some tents were taken down by protestors around
10:20pm.
At 11:00pm, communication was still ongoing. There were approximately 25-30 protestors
remaining at the camp. The CPS made it clear that if protestors did not leave, arrests would be
made. The CPS confirmed no children were present. Having been told clearly and on numerous
occasions, the people remaining understood the rules, and they understood the consequences of
being arrested for trespassing.
As PSU members moved forward to clear the camp, more bottles were thrown by protestors.
Protestors continued to link arms, pushed towards police, and refused to leave. Protestors grabbed
officers’ shields and attempted to aggressively push them to the ground. It appeared to the CPS
that a group of protestors were deliberately attempting to make physical contact with police.
At 11:08pm, arrests began. Attempts to arrest individuals were extremely difficult; the protest group
prevented PSU members from physically controlling the arrested subjects. They continued to throw
projectiles and attempted to pull the arrested subjects back into the crowd. Those who were
arrested did not comply with arrest.
At 11:15pm, due to the lack of cooperation and increasingly volatile situation, PSU members were
approved to use pepper balls (15 were used) and OC (oleoresin capsicum) grenades (four were
used). The objective of using these tools was to disperse the crowd and avoid the need for any
escalation of use of force against those resisting. Protestors were warned before these tools were
used.
A pepper ball is the size of a marble, launched from an air supplied launcher, and contains a
powdered compound that is a synthetic version of OC spray. Direct impact by a pepper ball
equates to 8-12 foot/pounds of energy (as a comparator, an ARWEN has over 150 foot/pounds of
energy upon impact). An OC grenade is a hand deployed device that delivers light, sound, and the
synthetic version of OC spray. There are no projectiles inside this device, nor is there “tear gas”,
nor does the device make physical contact with protestors. The OC disperses quickly with little
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residual effects. Both devices are used specifically to disperse crowds. No flash bangs or rubber
bullets were used during the May 9th event, and the CPS is not aware of any batons being used.
Some have expressed concern that PSU members were wearing “riot gear”. PSU members were
wearing approved personal protective equipment for their safety. This includes protective armour,
helmets, and round shields. It also includes body worn cameras. The PPE worn by PSU members
has been used since approximately 2011 and has been deployed consistently in all manner of large
protests since then. More traditional “heavy armour” or “Hard Tac” has not been deployed by CPS
for many years.
The intervention was effective as intended in deescalating the situation, with the protest group
dispersing almost immediately. PSU members continued to move forward towards the LRT station
to prevent the re-grouping of the crowd. By 11:35 pm, small groups of people remained but did not
regroup and PSU demobilized. The camp was secured so that the university could arrange for
clean-up. All CPS members left the campus by 6:00am when the clean up was complete.
Four people were arrested for Trespass to Premise and subsequently released with a summons.
None of the individuals arrested are current university students or faculty.
Following the removal of the camp on May 9, and as of the date of this letter, CPS has received five
concerns (zero formal complaints) via the Professional Standards Section. None of the people who
submitted a concern reported suffering an injury, and it is unclear whether any of those who
submitted a concern were present at the event. PSS is following our standard procedure by
conducting investigative backgrounding on the event. PSS also received 47 compliments from
citizens, thanking CPS for removing the camp.
The Government of Alberta has requested that the Alberta Serious Incident Response Team
(ASIRT) review the May 9 event to ensure there was no inappropriate use of force. The CPS
understands that ASIRT is working to determine whether social media accounts of serious injury
(as that term is used in the Police Act) are in fact accurate. If so, ASIRT would investigate the
circumstances leading to that injury. The Service welcomes ASIRT’s review and is cooperating
fully. As noted, the CPS has not received any reports of serious injury.
The CPS has engaged with community following the May 9 event, including conversations I have
had personally with community leaders. This event unfolded relatively quickly, and we do
recognize that there is an opportunity for more proactive engagement with CPS community
advisors in future. This includes the Service’s Anti-Racism Action Committee, Middle Eastern
Police Advisory Committee, and our other Advisory Boards and Circle.
Subsequent Protest Events
Pro-Palestinian protests have occurred peacefully since the event on May 9, the most notable
protest being held at the University of Calgary on Sunday, May 12, 2024.
Around noon, a gathering began in front of MacEwan Hall, at its peak reaching approximately 400-
500 attendees. For several hours, multiple individuals addressed the crowd, including a United
States-based activist. At approximately 3:30pm, the remaining crowd (approximately 250 people)
marched to the Administration Building where they briefly paused before continuing marching a
loop around the campus. At approximately 4:00pm the group returned to MacEwan Hall for closing
speeches. By 4:30pm, most of the crowd had dissipated. The CPS patrol members who were
present at the event were demobilized at that time.
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Conclusion
The CPS will continue to police protest events in an adaptive manner, dictated by the
circumstances of each event. We know that our actions (or lack thereof) will often be polarizing –
some people will be very angry, while others will enthusiastically welcome it. Being the police
means not taking sides, and not being influenced by beliefs, ideas, or political viewpoints. Being
the police means serving all Calgarians equitably. Calgarians need to have confidence that we will
do our job to maintain public safety and order, regardless of the degree of polarization or pressure
that exists.
Moving forward, we will not hesitate to act definitively, as we did on May 9, to enforce the law in a
manner respectful of protestors’ rights to freedom of expression and peaceful assembly. We also
remain committed to ongoing dialogue with the CPC, protestors, community partners, and citizens.
Guided by our values, our actions are always with the aim of safety, and balance.

Respectfully,

Mark Neufeld, O.O.M.

CHIEF CONSTABLE

c.c. Heather Spicer, Executive Director and Legal Counsel

Calgary Police Commission