It is clear that the respondent was also concerned. In his
evidence, he said:
A. My first, my initial thought was who do I take my chances with? That
was my initial thought. Do I, do I walk down to the entrance of the [DCE]
and meet the people coming out or do I turn around and, and walk back into
the police? Honest, that was my first thought.
A. Fairly quickly decided it would likely be better if I turned and went with
Q. Why was that?
A. Well, that would diffuse [sic] the situation. It was — I mean I wasn’t
there to prove a point or anything, I, I just — I was just disappointed when
I realized they were talking to me.
 Officer Miller followed the respondent over the fence and
told him that he was under arrest to prevent a breach of the peace
in accordance with O.P.P. policy. He then took the respondent’s
right arm and escorted him over the low fence and off DCE.
 Officer Miller and some of the other appellant officers
ordered Mr. Fleming to drop the flag as they viewed the flagpole
as a potential weapon. The respondent admitted that he had
no intention of allowing the officers to take his flag. Indeed,
The last person I would have ever handed my flag to that day would have
been a member of the OPP . . . I’m not sure I can properly convey the anger
that I felt but if I had to pick one group on the planet that would be the
absolute last that I would have handed my flag to that day it would have
been the very group asking for it.
 A struggle ensued. The respondent and some of the officers went to the ground. Eventually, the officers wrested the
Canadian flag from the respondent’s hands and handcuffed him.
Prior to the handcuffing, however, the respondent says that
one of the officers yanked his left arm up behind his back. This
action resulted in a serious injury to the respondent’s left elbow,
leaving him with what was later determined to be a permanent
chronic pain condition.
 Some, but not all, of these events were captured on a
video recording. The recording shows the respondent walking
along Argyle; it shows the O.P.P. vehicles go past the respondent
and then subsequently return; it shows the respondent leaving
the shoulder of Argyle and walking west where he eventually
walks onto DCE property; and it shows Officer Miller arresting
the respondent. Unfortunately, due to the presence of a large
bush, the recording does not show the respondent being taken
down, relinquishing his flag or being handcuffed.