CHARLOTTETOWN, P.E.I. — Demonstrators outside of the provincial courthouse Thursday argued that the jailing of Javan Mizero Nsangira, a 22-year-old black man detained since July, constitutes a case of systemic racism.
About 70 people gathered in Charlottetown, calling for the release of Nsangira. The Congolese international student is facing a total of six charges, some of which allegedly involve a violation of the Public Health Act.
Nsangira is also charged with one count of assault, two counts of uttering threats, one count of mischief and two counts of committing a common nuisance by endangering the lives, safety or health of the public.
None of the allegations have been proven.
Attendees at the picket included members of the Black Cultural Society of P.E.I., Black Lives Matter P.E.I. and the group Black, Indigenous, People of Colour United for Strength Home Relationship.
"Why is Javan still in jail after this long?" Tamara Steele of the Black Cultural Society asked in a speech. "For anyone who believes that systemic racism doesn't exist here in P.E.I., take note that this is what it looks like."
Steele and other speakers decried the six-week time period of Nsangira’s detainment. Some argued Nsangira was charged and later detained while in the midst of a mental health crisis. Several accused local media, including The Guardian, of conscious or unconscious racism for naming Nsangira in news stories.
I have a lot of thoughts on this but most importantly, why publish his name? Everyone he would have been in contact with and at risk of infecting would have already been contacted. As if people on this island needed something to fuel their xenophobia https://t.co/3VHo2GbJ8X
— claire (@notclairebyrne) July 22, 2020
"Out of any of those cases that we have heard of this year, how many of them have had their names publicized and released to the public by any media? How many of them have landed in jail? None but Javan," Steele said.
“Where was the threat? Was it the vulnerable unarmed man, in this case, or the colour of said unarmed man's skin? Does he deserve to be left in jail for this long?”
A publication ban prevents the release of specific details related to the charges faced by Nsangira or the circumstances related to them. This publication ban was requested by legal counsel representing Nsangira during a show cause hearing earlier this summer.
Steele and others are urging the Crown to drop the charges against Nsangira and to release him from the Provincial Correctional Centre.
Online interest in the case has been growing steadily in recent weeks.
A Change.org petition demanding Nsangira’s release has garnered over 2,000 signatures as of Thursday afternoon. The hashtag #freejavan has been shared locally on social media sites like Twitter and Instagram.
But Crown prosecutor John Diamond said Nsangira has been treated fairly.
"He has had counsel from the very beginning of his encounters. He has been treated fairly. There's a lot more going on than simply him having a mental health crisis," Diamond said in an interview.
Diamond stated he could not get into specific details beyond what has been publicly released before the publication ban. He confirmed, however, that the charge of assault related to an alleged domestic dispute.
"There's no question. There was a 911 call from his girlfriend. And he was charged with assault, uttering threats and mischief. And that's why he was arrested," Diamond said.
As demonstrators gathered outside, Diamond and Derek Bondt, counsel representing Nsangira, briefly attended a court proceeding. Nsangira did not attend, either remotely or in person.
Bondt had previously elected to have the charge of uttering a threat and the nuisance charge heard in P.E.I. Supreme Court by judge alone. On Thursday, Bondt also elected to have a second nuisance charge heard in Supreme Court.
Those matters will be heard Sept. 8. The other matters were adjourned until Sept. 10 in provincial court in Charlottetown.
Reached by phone, Bondt declined to comment publicly on any matters related to Nsangira’s case.
