First, a recap:
- A week before his incarceration on Thursday, Marty made very clear his intention to continue peaceably challenging the university's demand that he stay off campus, Marty finding such a demand contrary to his rights.
- After several arrests resulting in tickets for trespassing (a summary offence), including one occasion on which he was held for six hours, and another that included rough handling by city police, Marty offered terms of engagement that would de-escalate the character of these encounters: upon being requested to leave the campus, he would do so, and would stay away for the remainder of that day; and, police could send him a ticket, thereby reducing time and expense incurred by all parties: his own, campus security, and city police.
- The university responded to this offer by threatening to charge him with the "Criminal Code offence of mischief instead of an offence under the Petty Trespass Act" if he returns. (That's a direct quote, and note the phrase instead of.)
- (Criminal) Mischief
- (Criminal) Forcible Entry
Now, I have to say that in regard to conventional non-criminal mischief, there's not a lot of people I've met that might reasonably be accused of it more -- in a court of public opinion, and on a thousand different occasions -- than Marty Green of Winnipeg, Manitoba.
But he was leafletting.
And Forcible Entry? Say, what? Did the university lawyers confer with the university physicists to establish that some minimal Newtons of force must have been applied to the campus door in pushing it open (at 10 a.m. on a normal class day)? But, wait! Aren't they electric doors? OK, well, then his actions resulted in a magnetic force.
It's still a force. And it was used for entry. Criminally.