protestors would show up in response, and it was difficult to
predict how many people on either side would attend on any
given day. However, all parties appear to have agreed that the
level of confrontation and violence has diminished since 2006.
 Some months prior to May 24, 2009, the O.P.P. learned
that a flag-raising rally was being organized by members of the
Canadian Advocates for Charter Equality to protest the occupation of DCE, the Indigenous flags flying on Argyle Street, and
what was viewed by these protesters as “race-based policing” by
the O.P.P (the “flag rally”). The flag rally organizers intended to
meet at Lion’s Hall, proceed to Argyle Street, and then march
south to hang Canadian flags across from the front entrance of
DCE where DCE protesters are known to be present.
 On March 30, 2009, Inspector Skinner was tasked with
planning, organizing and executing the O.P.P.’s contingency
plan, regarding the flag rally, in accordance with the “
Framework for Police Preparedness for Aboriginal Critical Incidents”
(the “Aboriginal framework”) and other relevant O.P.P. policies.
To that end, he created the “Ontario Provincial Police Haldimand
County Detachment Operational Plan Flag Rally” (“operational
 In preparing the operational plan, Inspector Skinner
communicated directly and indirectly with various members of
the Indigenous community and the local city council, as contemplated by the Aboriginal framework and other applicable O.P.P.
policies. He also held organizational meetings with various
O.P.P. resources that he intended on utilizing. In these meetings,
he received information and gave directions in respect of obtaining more information regarding potential responses, resourcing
and logistics, which were then incorporated into the operational
plan. While the operational plan was generally finalized as of
May 22, Inspector Skinner said that there may have been “some
last minute changes” on May 24.
 Inspector Skinner understood that the flag rally would
“raise the tension of people who were on the [DCE] and within
the Six Nations”. He also understood that the local city council
was not in support of the planned flag rally. However, Inspector
Skinner also testified that the position of the Indigenous community varied. Some members, he said, were “more moderate”
 Based on his past experience in Caledonia, and information from the Aboriginal Relations Teams of the O.P.P. as to
what kinds of events would raise tensions on DCE, Inspector
Skinner was of the view that the two groups needed to be kept
apart in order to preserve the peace. He was also of the view