Ontario Superior Court Judge David Brown ruled this morning that the city’s eviction notice was a reasonable infringement on Occupy Toronto activists’ Charter right to freedom of speech. Occupy Toronto activists had gone to the courts on Tuesday ,Nov. 15, 2011, to seek an injunction to stop the park’s eviction that same evening.
Judge Brown heard the case on Friday, Nov. 18, 2011, listening to arguments from activist, the Canadian Civil Liberties Association and the City of Toronto.
The City of Toronto argued that Occupy Toronto was breaching city bylaw and the Trespass to Property Act by remaining in the park between the hours of 12:01 a.m. and 5:30 a.m. daily.
Countering that argument, Occupy Toronto activists argued that city bylaws should not trump Canadian Charter of Rights and Freedoms Section 2 protection of freedom of expression, freedom of religion (in relation to the First Nation Sacred Fire) and freedom of association.
It was this Charter challenge that formed the basis of the injunction.
Another law evoked to protect the Occupy Toronto site was Canadian Criminal Code C46, Section 176: “Disturbing religious worship or certain meeting”
(2) Anyone who willfully disturbs or interrupts an assemblage of persons met for religious worship or for moral, social or benevolent purpose is guilty of an offense punishable on summary conviction.”
The Occupy site has been active at St. James Park since Oct. 15, 2011.
Despite a Sunday Toronto Sun article with a photo of supposed empty tents, in truth the tents here are mostly empty as most individuals — due to the cold — have been sleeping in the yurts to keep warm.
Upon news this morning at 9:00 a.m. that Judge Brown had lifted the injunction, returning Occupy Toronto to its pre-injunction status of facing imminent eviction, activists immediately began to prepare the camp.
Susan Ursel, council for Occupy Toronto, addressed the noon General Assembly but has yet to announce if she plans to appeal.
Some activists took down their tents and dropped off their belongings at home before returning. Other activists began fortifying their structures.
The mood has spiked between panic and a sense of strength.
Individuals needing housing assistance when they lose their homes when Occupy Toronto is evicted have been directed to (chronically underfunded) social services.
At issue here is that this ruling technically prevents anyone from sleeping or even being in a city park between 12:01 am to 5:30 am.
If the city wants to enforce such a bylaw then it should step up and provide adequate and health shelters and access to appropriate social housing, not sell off existing stock of social housing.
Five Toronto police officers and one bylaw officer returned to the site today at 2:14 p.m. to deliver the official eviction notices; just as they did last Tuesday when they delivered the first round of official eviction notices.
This is the first time the Sacred Fire on site received an eviction order.
The new eviction order from the Cathedral Church of St. James reads: “You are hereby given notice that you are prohibited from engaging in the following activists on St. James Cathedral property:
1: Installing erecting or maintaining a tent, shelter or other structure;
2: Using, entering or gathering on Cathedral property between the hours of 12:01 am and 5:30 am.
It was this same church that was originally supportive of Occupy Toronto.
Now Occupy Toronto has been technically received eviction notices from the City of Toronto and St. James Cathedral.
An emergency 5:00 pm rally has been called for tonight and activists are asking all supporters to gather at St. James Park.
There will also be a 6:00 pm General Assembly to discuss strategies for the evening.
Technically, Occupy Toronto faces eviction from the city at 12:01 am.
Throughout the evening, please follow my coverage on Twitter @krystalline_k or the Occupy Toronto livestream.
Update from Occupy Vancouver
Derrick O’Keefe reports at 3 p.m. Pacific time:
The majority of Occupy Vancouver protesters have now moved from the camp at the Vancouver Art Gallery in the downtown core after it was mostly dismantled and packed into moving trucks . After agreeing to a new secret location during the General Assembly on Sunday night, the march of several hundred people set off around 2:15 p.m.
The protesters came to a new home — a park just four minutes away above the provincial courthouse in Robson Square, on land apparently owned by the B.C. government. Police presence was minor, limited to motorcycle officers who kept watch from a distance.
A small number of homeless Vancouverites stayed at the original Occupy Vancouver site at the VAG, vowing to remain until the City of Vancouver addressed shortages of homeless facilities. A large number of city staff were present. It is unclear what is likely to happen at the gallery.
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