(“DCE”) in Caledonia by Indigenous protestors. As part of the
occupation of DCE, certain Indigenous flags, including Mohawk
Warrior and Haudenosaunee flags, were hung at different times
on Argyle Street, which runs past the front entrance of DCE.
 In mid-June 2006, the Ontario government agreed to purchase DCE from its owner, Henco Industries Ltd. The Ontario
government then made the decision to allow the protestors to
continue to occupy DCE.
 In response to the occupation of DCE, other individuals
and groups began their own campaigns, rallies and marches protesting the occupation, the flying of Indigenous flags on Argyle
Street, and what was alleged to be the Ontario Provincial
Police’s (“O.P.P.”) “race-based policing” of the Caledonia conflict.
The Ontario government’s decision to allow the protesters to
remain on DCE and the O.P.P.’s policing policies in Caledonia has
been the subject of criticism, protest and litigation ever since.
 Many of the protests in Caledonia have been violent,
including protests on May 21, 2006, December 1, 2007 and September 1, 2008. All of the appellant officers were members of the
O.P.P.’s Emergency Response Team and most had been deployed
to Caledonia numerous times since the beginning of the conflict.
They all agreed that many of these protests have been “
opportunities for civil disobedience and a venue for criminal acts to
occur”. The appellant officers described how conflicts between
the protestors resulted in violence and injuries. The officers
explained that the potential for violence increased as the two
sides were allowed to come within proximity of each other.
 Inspector Skinner, the Aboriginal Critical Incident commander who had 30 years of policing experience with the O.P.P.,
was responsible for 30 O.P.P. operations in Caledonia prior to
retiring in 2012. He testified that the numbers and situation
could change rapidly from peaceful to violent. Thus, it was necessary to have O.P.P. resources on site so that they could be
quickly deployed. Officer Gibbons, one of the appellants, testified
that he has witnessed rapid escalation of small to large numbers
of individuals as a large volume of vehicles arrived on DCE from
Six Nations’ territory located immediately behind DCE. Officer
Cudney, another of the appellants, said that he has seen situations where a phone call is made and the numbers double or
triple in minutes.
 The respondent gave evidence that, before May 24, 2009,
he took part in rallies and marches protesting the occupation of
DCE, amongst other things. He agreed that rallies in the past
“were inundated with violence”. He also agreed that, if many
protesters attended an event, often similar numbers of DCE