FEMEN Activist Faces Criminal Charges for the First Time in Canada

Neda Topaloski, one of the FEMEN activists who disturbed the 2015 Montreal Grand Prix, had her second and final day in court today. As per FEMEN’s usual tactics, Topalski protested bare-chested during the high profile event, and in a national first, she is now facing criminal charges for it.

“We’re in Canada and there’s no precedent for such cases. Our bodies are our banners for our values and ideas. It’s the first time there is an attempt to criminalize them,” explained Topaloski in a phone interview with FTB on Thursday morning. According to her, it’s the state of democracy and freedom in Canada that is at stake in this trial.

Topaloski was arrested on June 4th 2015, after she appeared topless in front of one of the showcased cars on Crescent Street and yelled “Montreal is not a brothel!”

She was referring to the sexual tourism that doubles or triples every time the high profile Grand Prix is organised in Montreal. She was initially charged on four counts, but the charges of indecency and exhibitionism were dropped last week. The crown is thus going forward with charges of mischief and disturbing the peace.

Topaloski claims FEMEN’s actions are a non-violent form of political expression and should not be criminalized. “Seeing activism as disturbance of peace is absolutely perverse, because expression doesn’t trouble peace, violence troubles peace,” she argued.

She was also accused of mischief. The crown alleges she dented the hood of the car she was leaning on during the stunt. The activist says that this is “absolutely impossible.” She notes that the Grand Prix is always full of pictures of women sitting on cars for publicity purposes and that none of them faced such accusations.

The Grand Prix: “A powerful lobby”

This is the first time a FEMEN protest has resulted in criminal charges in Canada, despite several public actions of the same sort. Topaloski believes that she is only being prosecuted this time because She managed to “sully the image of the Grand Prix.”

“It bothers this powerful lobby and it is because of their pressure that we are charged this time, but not the time that we were in the Canadian parliament, nor the time we were at the National Assembly in Quebec.”

In April 2015, Neda Topaloski interrupted a press conference about Law 20 at the National Assembly. She irrupted topless on stage to protest against the new law’s failure to prioritize free and accessible abortion.  She had done a similar act on Parliament Hill in Ottawa to protest C-51 just a few weeks earlier.

Allegations of excessive use of force

On Wednesday, Topaloski’s lawyer immediately moved to have all the charges thrown on the grounds that the arrest was unlawful. She argued that the Grand Prix’s private security made an excessive use of force.

“It was more than an arrest; I was dragged on the floor, still topless, they pulled my hair out…” recalls Topaloski. She highlights that their behaviour was wildly different from what she has seen from police officers in similar situations.

“[The security guards] were trying to prove that they were the guys in control of the situation and of the value of women. They used that situation to abuse, physically and violently.”

A video of the arrest was submitted to the court as proof. Although she is not sure of this move’s potential success, Topaloski explained that it is important for her to “shed light on those who perpetuate violence rather than those who protest for equality and are repressed and targeted by violence because of it.”

The court will probably not reach a verdict today, but Topaloski says she trusts that “common sense” and “constitutional rights” will prevail: “I have the law and the constitution on my side. Therefore, I hope that the judge will be able to recognize this.”

 

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