Hamilton activist to remain in custody following speech at LGBTQ2 community meeting

The Ontario parole board has ruled that a Hamilton activist will remain in custody for allegedly violating parole.

Cedar Hopperton was arrested on June 22 for “parole violations for participating in a public demonstration where peace was disrupted”, according to a media release from Hamilton Police.

Asaf Rashid, Hopperton’s lawyer, said the board’s decision did not actually determine that his client was involved in the violence that occurred at Hamilton Pride in Gage Park on June 15. Instead, the decision was focused on Hopperton’s speech at an LGBTQ2 community meeting in council chambers at Hamilton city hall on June 18.

During that meeting, Hopperton — who uses ‘they/them’ pronouns — said they aren’t part of any community that includes police, encouraged other LGBTQ2 residents not to turn to police for protection, and told a Hamilton Police officer attending the meeting that he was not welcome.

Rashid said, although he had argued that Hopperton’s remarks were covered under the constitutional right to freedom of expression, the board determined that the comments were “inflammatory in nature” and created an “undue risk of a breach of the peace”.

He expressed disappointment with the outcome, saying that Hopperton’s speech was made in the context of an event where members of the LGBTQ2 community were urged to have an open discussion following a “traumatic” attack at Hamilton Pride.

“The context of the event — it being an event that happened a few days after a very traumatic event for a particular community that was speaking at this town hall,” said Rashid. “Considering this context, considering the need for people to be able to express themselves in that moment, any of Cedar’s comments should have been considered entirely fitting within that context.”

Several Hamilton residents, academics and institutions have been calling for Hopperton’s freedom on social media with the hashtag #FreeCedar.

As of Monday afternoon, Rashid said he had not spoken with Hopperton about what their next steps would be following the parole board’s decision.

“This is an important issue for a number of reasons,” said Rashid. “It speaks loudly about what someone’s rights to freedom of expression are when on parole in this kind of situation.

“The decision reflects a very low threshold for what somebody can say in that position at a town hall meeting, or at any community meeting, where you’re called upon to express what you think. Well, if you’re on parole, you might want to think twice about that.”

Hopperton is on parole after being convicted in last year’s vandalism on Locke Street.

There have been four other arrests made in relation to the disturbance at Hamilton Pride, including Christopher Vanderweide, 27, of Kitchener, who is facing two counts of assault with a weapon.

Vanderweide is alleged to have been among the group of far-right protesters who engaged in violence at the Pride event.