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In an incident captured on video, Stewart says he went to Allan Gardens on the Friday afternoon of the summit weekend in June 2010. He says several officers demanded to search his bag as a condition of entry into the park. When he refused and tried to get to the protest, he alleges the officers “assaulted and battered him,” illegally searched his bag, and confiscated his swimming goggles.

Photo by Jack Boland/Toronto Sun/QMI Agency

“The plaintiff was unlawfully detained for 12 minutes,” his claim asserts. “The officers acted with malice and bad faith.”

The statement of claim also alleges police, under orders from superiors, were planning to form a perimeter around the park with the aim of searching “every person with a bag” trying to enter the area. The plan and orders, the claim alleges, violated the charter.

“Senior police officers … gave orders they knew were unlawful,” the claim asserts.

In response, the police services board says officers were doing their best to preserve the peace and defend public property under provincial trespassing law. What they were doing at Allan Gardens was legal, the board says in its statement of defence.

By its account, the board says officers told Stewart, who was in his mid-20s, that he could enter the park if he allowed them to inspect his bag or could refuse and leave.

“Such examination was necessary to protect the safety of those persons within the park in the circumstances as they existed on that day,” the statement of defence asserts. “He loudly and rudely yelled at the police officers, expressing his displeasure.”