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Squirrel And Surveillance Case: Montreal-Area Man Fought The Law And The Law Won

The Canadian Press, 25 Sep, 2015 12:13 PM
    MONTREAL — A Montreal-area man who went all the way to the Supreme Court in a battle that originated with his feeding squirrels and birds in public spaces says he was fighting for all Canadians.
     
    Lawrence Klepper, 73, received nine violations between 2006 and 2011 from the City of Westmount, a community located just west of downtown Montreal.
     
    The city took exception, for health reasons, to his animal-friendly practice of feeding wildlife with nuts and birdseed and had him followed by a public security official in an unmarked car.
     
    Westmount filed injunctions against Klepper but withdrew them when he stopped feeding the animals and birds.
     
    But Klepper proceeded to the Supreme Court with a cross demand to seek punitive and moral damages, alleging his right to privacy and dignity had been violated because of the surveillance.
     
    The high court said Thursday it would not hear his case.
     
    Klepper expressed disappointment and sadness with the decision.
     
    ''This was not a file of Klepper versus the City of Westmount,'' he said in an interview Friday. ''This file was really for citizens across Canada.''
     
    Klepper said he loves all animals and donates money to animal charities, hospitals and other organizations.
     
    ''I don't have any particular more love for squirrels or birds than I have for all animals and all humanity,'' he said.
     
    ''I don't have any unusual behaviour. I've never been in court in my life prior to the city taking an injunction against me.''
     
    His lawyer, Dominique Pion, called Thursday a ''sad day for the right of privacy in Canada.''
     
    ''We're both greatly disappointed that the Supreme Court didn't grant the leave in this case,'' Pion said in the same interview.
     
    ''Our main goal in making such an application was that the Supreme Court would set limits to the power of surveillance exercised by public security officers.''
     
    Westmount Mayor Peter Trent expressed satisfaction at seeing the case end and pointed to a Quebec Superior Court ruling from 2013 that said the city had the right to enforce its laws and that Klepper's case was without merit.
     
    Trent said Westmount received a letter in April 2010 from Montreal public health officials that talked about a large colony of rats having established itself near a very popular park because of peanuts being tossed on the ground.
     
    ''It's a matter of public health,'' Trent argued. ''We've had a rat-population problem for some years and feeding animals just exacerbates it, especially when you do it in industrial quantities. It's that simple.''
     
    On the surveillance front, the mayor referred to the following passage in the Superior Court ruling: ''If the enforcement of bylaws means the exercise of adequate surveillance, let there be adequate and reasonable surveillance.''
     
    As for Klepper, he doesn't believe he's still under surveillance.
     
    ''I'm very comfortable right now,'' he said. ''Hopefully, it will stay that way.''

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