Scanned, recopied or Internet copy, if there are errors, please e-mail me with corrections:
Opening comments: More at the end.
Why did they use such an old picture? From, maybe the first time I ran for the office of Mayor of Mississauga. Good picture though, oh the way we were.
This article was retitled and rewritten between its online version and print a few days later.
Mississauga News - Nov. 5, 2007 - By John Stewart jstewart@mississauga.net
Assault charges withdrawn
Donald Barber
Two assault charges laid against four-time Mississauga mayoralty candidate Donald Barber -- which he charged were politically motivated -- were withdrawn in Peel court today after the Crown said there was no reasonable prospect of conviction.
"In my opinion, this is a significant political victory for Mr. Barber," said Barber's lawyer, James Girvin.
"It was a legal fraud from day one," a visibly angry Barber told The News after the charges were withdrawn.
He claims there was never any evidence against him.
Barber attended and spoke at a City Council meeting on June 7, 2006, challenging Mayor Hazel McCallion and City councillors over a new interpretation of the City's procedural bylaws, which had the effect of restricting questions from the public from the floor.
Barber was followed out of Council Chamber by two security guards.
He was alleged to have assaulted a guard in a staircase at City Hall.
Barber said he bumped into one of the guards when he realized he was going in the wrong direction and suddenly turned around.
The charges were not withdrawn earlier because, "the City wanted the bail conditions to be there," claimed Barber. Those restrictions -- which prevented him from attending City Hall or having direct contact with councillors without their permission -- meant he could not attend Council meetings and ask questions during the municipal election campaign. He finished a distant second in the mayoralty race to McCallion.
"Those conditions clearly had an impact on Mr. Barber's democratic rights," said Girvin, a two-time candidate for Ward 5 councillor who has also run against McCallion in the past.
Barber finished second to McCallion with 2.99 per cent of the vote in 1997, while Girvin finished third with 1.53 per cent.
"I think it's clear that there is a challenging relationship between Mr. Barber and City Council," said Girvin.
The lawyer was retained by Barber a short time before today's scheduled trial.
Barber had earlier fired his legal-aid lawyer and had great difficulty finding anyone else to defend him.
Girvin said he took the case because, "Mr. Barber has been a longtime advocate for the community in a completely selfless manner."
Barber said there was "no physical evidence against me" and said the two security guards contradicted themselves in their statements.
The Crown acted "irresponsibly and in a politically motivated way," said Barber, "all for the benefit of City Hall."
Crown Attorney Darylinn Allison declined to comment on Barber's statement, which she said was obviously his personal opinion.
Allison withdrew the charges after Mr. Justice J.D. Wake suggested that, before he ruled on the Crown's request that Barber be the subject of a peace bond, he was entitled to know whether the criminal charges would be proceeded with.
Allison withdrew the charges and then said there would be two conditions requested for the peace bond: that Barber keep the peace and that he not have any contact with one female security guard at City Hall, the original complainant in the assault case.
The peace bond hearing is to take place Dec. 11 in Brampton court.
Although the criminal charges have been withdrawn, Barber still cannot attend City Hall. There is currently a two-year ban on his attendance based on violations of the Trespass to Property Act.
Barber says he was never given notice of several of the trespass "tickets" he received and had no opportunity to fight the ban.
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