The case of Joshua Boyle and his wife Caitlan Coleman is one where the questions are more important than the answers.

Just over five years ago, Boyle and Coleman were backpacking in Afghanistan when they were taken captive by the Haqqani, one of many Islamic extremist groups in the region. They were held for five years, during which Coleman was raped and forced to miscarry, Boyle was beaten, and one of their three children – all of whom were born in captivity – was beaten with sticks.

When they got back to Canada, Boyle and his wife were hailed as heroes. Their picture appeared in all the major news sources as the couple that survived being prisoners of Islamic militants. They got to visit with Prime Minister Trudeau and even now the photo of our leader bouncing Boyle’s youngest on his knee circulates online.

Unfortunately, the Boyle case is a perfect demonstration of how quick society is to make heroes of people without knowing all the facts. On January 3, 2018 Joshua Boyle, the same guy we all saw as a heroic survivor of militants was arrested on fifteen charges including assault, sexual assault, illegal confinement, uttering death threats, misleading police, and forcing someone to take a noxious substance. Boyle will be facing serious jail time if convicted of any one of these crimes.

Court orders prevent details like the identity and gender of his accusers for their own safety, which means it is difficult to form a hypothesis of what happened. However, with speculation based on what we do know about Boyle’s story, it is possible to construct an alternate narrative to the one the public has been fed entirely through Boyle’s own account of events in Afganistan and when the family returned home.

It’s one that posits that maybe Boyle wasn’t such a hero after all.

For your consideration…

What do we know about Joshua Boyle and Caitlan Coleman?

Joshua Boyle is thirty-four years old and he is Canadian from New Brunswick. Caitlan Coleman is American from Pennsylvania. The rest of what we know is mostly what Boyle has been telling the press on the couple’s behalf. That said, there are a lot of questions Boyle and Coleman need to answer.

Why were they backpacking in the most dangerous parts of Afghanistan so soon after the war?

Boyle claims that their goal was purely humanitarian. They wanted to help those villagers in areas of Afghanistan where no aid worker would dare to go.

However, the circumstances under which they attempted to help people make their alleged goal questionable at best. Though they were aware that the area they were traveling in was dangerous, they made no secret of their destination, making them easy pickings for anyone with malicious intent.

This is not to suggest that they intended to be taken captive by militants, but they certainly did nothing to prevent it.

Why did Coleman agree to accompany her husband on this trip?

Caitlin Coleman was five months pregnant when captured and the area of Afghanistan they were traveling in is not known for its enlightened attitudes towards women. Though one would think her safety and that of her unborn child would be top priorities, she put herself and her baby at risk by accompanying her husband into hell.

Why has no one spoken directly to Caitlin Coleman about what happened to her and her husband in Afghanistan?

Most of what we have heard about their family’s ordeal has come from the lips of Joshua Boyle. Though Caitlin Coleman endured the worst torments during their captivity – forced miscarriage, sexual assault, and being forced to witness the abuse of her child – her husband is still speaking for her.

Coleman’s story is just as important as that of Boyle’s and her experience is unique as the only adult woman in this saga. When she was speaking to Maclean’s a few weeks before her husband’s arrest, Joshua Boyle refused to leave the room, as though he were controlling Coleman with his presence.

Why no one has speculated if she has been victimized by her husband is odd given how little she has been allowed to say publicly. Her behavior goes beyond that of a demure religious woman and is more indicative of someone living in fear and possibly suffering from mental health issues.

Why did Joshua Boyle provoke his captors?

According to Boyle, he was regularly pressured to join his captors in their cause. Instead, he, a practicing Muslim, woke up early and prayed loudly, waking his captors up and effectively accusing them of being bad Muslims. He regularly called them “munafiq” or hypocrites and annoyed his captors so much they raped his wife to punish him.

Anyone with a lick of sense knows you do not provoke your kidnappers, and that Islamic militants are notorious for mistreating female captives. Boyle’s actions indicate either extreme stupidity, insanity, or a selfish disregard for the safety of himself and his wife.

Though Joshua Boyle’s behavior did not merit the brutality with which he and his family were treated, anyone held captive by people known for their brutality would tread VERY carefully in their presence.

The case of Joshua Boyle and Caitlin Coleman is an ongoing one. As more facts come to light, public sympathy for Boyle wanes. He seems increasingly like a manipulative attention-seeker who would do society good in an environment where he could no longer hurt people.

As his star falls, we begin to see the real victims: Caitlin Coleman and her children.

* Featured image: CTV video screengrab

Protests, like potholes, are a year-round occurance in Montreal. The economy is in the toilet, tuition costs are on the rise, and Prime Minister Trudeau has turned his back on the young people whose coattails he rode into office.

Young people voted for Trudeau hoping that he would help stabilize employment in Canada only to be told to get used to temporary, low paying jobs without benefits. Quebeckers voted for Philippe Couillard hoping to do away with the Parti Québecois’ message of aggressive xenophobic secularism and language issues only to find the provincial government raising the language and signage disputes people are sick of. Municipal austerity measures are coming at the expense of the pensions our blue collar workers worked so hard for.

Votes don’t seem to count anymore and the cynicism pushed by bitter columnists is proving true. With the government ignoring the reason they were voted into office, people are forcing the government to listen by taking to the streets.

Everyone from students to cops to healthcare workers to Native leaders are taking to the streets with pickets, hoping to have their voices heard. Like the potholes, the City of Montreal has a pathetic track record of dealing with protests, reverting to persecution rather than reasonable negotiation. To our elected officials, protesters are not frustrated human beings with legitimate concerns but noisemakers and disruptors.

Laws Used Against Protesters

With the cops using their authority to assault people desperate to be heard, it’s time to look at the laws the government uses and overuses to suppress dissenters.

Let’s start with the Canadian Criminal Code.

Protesters are commonly charged with assault, harassment, mischief, unlawful assembly, and obstructing police officers. Since I addressed mischief in my piece on Devil’s Night, let’s look at the rest.

Assault is defined as applying force directly or indirectly to another person without their consent. The penalty is up to five years in prison unless the person is tried on summary conviction, which carries a lesser penalty. If a weapon is used in the assault, the penalty increases to a maximum of ten years, or if tried on summary conviction, a minimum of eighteen months. Since the definition of assault is so vague, it can range from hitting or kicking, to simply pushing and shoving.

Harassment is the act of engaging in conduct that would make a person feel harassed, which includes following them, repeatedly communicating with them, and watching their workplace. As protests often occur in front of government buildings where elected officials work, and repeated communication is the only way they feel they can be heard, it is far too easy for those ignoring them to call it harassment. Harassment is a serious charge, with a maximum penalty of ten years in prison, and its broad definition bears the risk of overuse.

Unlawful Assembly is when three or more people get together for a common purpose and their group causes the surrounding neighborhood to fear a disturbance of the peace. Unfortunately many protests, even peaceful, are noisy. An unlawful assembly charge, which fortunately only runs the risk of a summary conviction, is applied willy nilly by authorities to punish protesters.

Obstructing a police officer is a charge that became popular against protesters this past summer when people stormed the National Energy Board (NEB) hearings to voice their dissent against the proposed Energy East pipeline. To be convicted of this charge, the prosecution has to prove beyond a reasonable doubt that a person resisted, willfully obstructed, or did not assist a public or peace officer in the execution of his or her duties. The penalty is up to two years in prison unless there is a summary conviction.

Protesters are also punished with municipal bylaws.

The municipal bylaw used to punish protesters is bylaw P-6, formally called the “By-law concerning the prevention of breaches of the peace, public order and safety, and the use of public property”.

The bylaw was added to by former Mayor Gerald Tremblay in 2012 following the massive student protests against tuition hikes. Article 2.1 of the bylaw requires assemblies, parades, or gatherings in public places to disclose their itineraries to authorities prior to the event. Article 3.2 of the bylaw makes it illegal for protesters to cover their faces with a scarf or hood without a reasonable motive.

Both of these articles were ruled unconstitutional by Judge Chantal Masse of the Superior Court on June 22, 2016, following a successful challenge by Julien Villeneuve, a CEGEP professor who attended the protests in a panda costume.

Laws that Protect Protesters

We know about the laws used to punish protesters. Now let’s talk briefly about the laws meant to protect them and all of us.

The Canadian Charter of Rights and Freedoms entrenched in our constitution guarantees freedom of thought, opinion, and expression. It guarantees freedom of peaceful assembly, and freedom of association. It also guarantees the right against arbitrary detention. In spite of this, protesters are arrested left and right and their protests, no matter how peaceful, are punished as being unlawful.

Then there’s the Quebec Charter, a quasi-constitutional law entrenched in Quebec legislation. Like the Canadian Charter, it guarantees freedom of assembly and association.

Our criminal laws are also in place to protect, yet they are used to suppress protesters not keep them safe. Police officers who act prematurely by shooting rubber bullets and smashing people with batons rarely see any consequences for their actions, confirming the protesters’ belief that they are there to persecute, not protect.

Protests may be a public nuisance but they are a necessary one. As long as the government refuses to listen to the people who elected them, the protests will continue. As long as people feel voiceless, they will take to the streets to make sure they are heard.

For every time the government betrays the ones who voted for them, hundreds pickets will spring up. The act of listening and communication is the key to most conflict resolution. If politicians want the protesting to stop, they have to start listening.

* Featured image by Cem Ertekin