that the potential for conflict would increase as their proximity
to each other increased. His views were not altered by any
information or intelligence he received up to and including the
day of the flag rally.
 On April 17, 2009, Inspector Skinner met with the flag
rally organizers and informed them that they had a right to protest in a peaceful manner but that the march would not be
permitted near the vicinity of DCE. At some point, he also conveyed to them that individuals, other than DCE occupiers, were
not permitted on DCE.
 Based on past experience policing protests in Caledonia,
Inspector Skinner determined that two public order units, each
containing about 30 officers in six squads, were required. The
Alpha Unit, in “soft tac”, was to be initially deployed on Argyle
Street while the Bravo Unit, in “hard tac”, was to be held back
at the Oneida public school a few kilometres away.
 The operational plan set out the following three-fold mis-
sion which was communicated to all O.P.P. officers in the Alpha
and Bravo Units at the morning briefing:
— Maintain order and ensure public safety to the residents, community
members and police.
— Allow [flag rally] protestors to exercise their lawful rights and cause
the least possible disruption to others.
— Maintain the safe and orderly flow of traffic on Argyle Street South in the
Town of Caledonia and Highway 6 By-Pass.
 At the briefing, Inspector Skinner also advised the
assigned officers that the flag rally protest would not be allowed
within the vicinity of DCE and that they should stop anyone
from going onto DCE. However, whether this would be done
through communication or physical restraint would depend
upon the circumstances and officer discretion.
 Inspector Skinner planned on keeping the flag rally protesters and DCE protesters apart initially through negotiation
and discussions with both sides but ultimately, if necessary, by
creating a buffer zone between them. Specifically, he planned to
keep the flag rally protestors on Argyle Street some distance
from the DCE entrance while DCE protestors would not be permitted to proceed north, from the entrance, to approach them.
 On May 24, 2009, the respondent was at the Brown’s residence attending a barbeque where t-shirts were being sold to
pay the court costs of protestors opposed to the occupation
of DCE and who were arrested in and around Caledonia. The
Brown’s residence was the first private residence south of the
entrance of DCE on Argyle Street.