The respondent had a Canadian flag with him. It was his
intention to walk north on Argyle Street and watch a Canadian
flag being raised at the entrance of DCE. While at the Brown’s
residence, Mr. Fleming was informed that the march had
started. He began walking north on the west shoulder of Argyle
Street, with his Canadian flag. The flag was attached to a wooden
pole between 40 to 42 inches in length.
 At about this time, the Alpha Support Squad, one of the
six squads in the Alpha Unit, which was made up of the appellant officers, was proceeding north on Argyle Street in two vans
followed by officers driving an Offender Transport Unit. The
squad was being relocated to a church parking lot immediately
north of the front entrance of DCE on Argyle Street. They
passed the respondent as they proceeded north on Argyle Street.
 Sergeant Huntley advised Officer Lorch — the Alpha
Support leader — over the police radio that a “flag was coming
up the road” and directed the Alpha Support Squad to change
their destination and deploy between the Brown’s residence and
the entrance to DCE. The two Alpha Support Squad vehicles,
and the Offender Transport Unit, turned around and proceeded
south to approach the respondent.
 The respondent saw the approaching vehicles. As the
vehicles moved onto the shoulder of Argyle, he left the shoulder
because they were approaching him with speed. After he left the
shoulder of Argyle Street, he continued walking in a westward
direction a fair distance away from the shoulder — down into a
grassy ditch, through the grassy ditch and up the other side,
over a low fence (which appears to mark the boundary of DCE)
and then a few steps onto DCE. The respondent’s evidence was
that he did this voluntarily in order to get on level ground.
 Once the respondent left the shoulder of Argyle Street
and the vans stopped, the appellant officers began yelling various commands to him, including “return to the shoulder”, “stop”
and “stay away from DCE”. The respondent says that he glanced
behind, saw the officers, and heard them yell. His evidence was
that he did not comply with the officers’ commands because
he did not think they were talking to him as he knew that he
“wasn’t doing anything wrong”.
 The respondent’s entry onto DCE caused an immediate
reaction from the DCE protesters at the front entrance of DCE.
They became angry and upset. Approximately eight to ten DCE
protesters started moving towards the respondent. Some of them
were running. The appellant officers said that they were concerned for the respondent’s safety as a result.