Halifax shelter removal protester cleared of kicking police, found guilty on lesser charges

It could have been worse.

Natasha Angelique Danais was facing charges of assaulting three police officers during an ugly housing protest in Halifax two summers ago. Fast forward to Tuesday: she was found not guilty of two of the three counts in Halifax provincial court.

Danais had testified that when she went through a police line and ended up on her back, she was afraid of two Halifax Regional Police officers. She said she started to kick in a bicycle motion to avoid getting hurt and that she didn’t meant to injure anyone.

Judge Kelly Serbu was swayed by her story, saying he wasn’t convinced that the Crown proved Danais had intentionally kicked the two officers.

In the end, Danais wasn’t so lucky on the other charges. She was found guilty of obstruction and another less serious charge of assaulting a police officer. She had pulled off the medical mask of another officer.

Danais, who’s now living in British Columbia, took part in the sentencing by video link. Her lawyer, Asaf Rashid, said he was disappointed that the case even went to trial.

“I just never believed that it was in the public interest for any of the charges to go ahead, considering the housing and homelessness crisis,” Rashid said.

The context is important, he said.

“(It’s) understandable — the public outpouring of concern and even outrage of people getting evicted from encampments when there was no place else to go.”

Rashid said he did his best and the judge made the decision he thought was appropriate.

The lawyer had argued that Danais’ charter rights had been violated before and after her arrest because, in part, the officers had used excessive force in the arrest and that she was held too long before being able to contact a lawyer. The judge did not accept the argument given that the protest had gotten out of hand and there were many arrests.

Rashid said his client needs time to study the ruling before deciding whether to appeal.

Sentencing is scheduled for Jan. 10.

The protest made national news. At the time, municipal workers were trying to remove a shelter for homeless people in front of the former Halifax public library on Spring Garden Road. Danais was among hundreds of demonstrators that police were pushing out of the way.

Officers were accused of using excessive force and pepper spray to disperse the crowds.

The Halifax board of police commissioners announced in May that it hired a Toronto law firm to examine “the role and involvement of Halifax Regional Police in the eviction of unhoused and under-housed individuals and in its handling of the related protests.”

The review was scheduled to begin June 1 and a public report with findings and recommendations is set to be completed May 31, 2024.

On Tuesday, HRP spokesman Const. John MacLeod said the municipality has taken steps “to improve supports for those experiencing homelessness, and we have considerably evolved the police response related to events of this nature to de-emphasize the enforcement piece.

“We respond only to situations that may involve a public safety concern and when criminal activity is reported.”

He deferred to the city for any comments on policy and would not speak to the ongoing external review.