006

Occupy Toronto activists won an emergency court injunction ruling yesterday, preventing Rob Ford from evicting the camp by the city-imposed deadline of between 12:05 a.m. – 5:00 a.m. today.

News of the successful injunction was announced at the camp at the evening General Assembly to cheers from the crowd of residents and supporters at the gazebo-main square of the Occupy Toronto community. And everyone collectively breathed out for the first time all day and started celebrating. The celebration continued throughout the night with singing, dancing, drumming and huggling (hug+cuddle).

Rules within the injunction bind activists to not erect another tent or related infrastructure at St. James Park and to not “flood the park” with people between now and Friday.

I. Motion for interim injunction by “Occupy Toronto” protesters

[1] For the past month protestors, including the applicants, have encamped overnight in St. James Park as part of the “Occupy Toronto” movement. Around 10:00 a.m. this morning the City of Toronto served many of the protesters with a Notice under the Trespass to Property Act. That Notice stated the protestors were prohibited from engaging in the following activities in St. James Park (the “Park”) and in any other City of Toronto park:

(i) installing, erecting or maintaining a tent, shelter or other structure; and,
(ii) using, entering or gathering in the park between the hours of 12:01 a.m. and 5:30 a.m.

Justice David Brown ruled that the city of Toronto must halt the eviction order handed down to Occupy Toronto until he can have a chance to review the case in court on Friday November 18, 2011. A final decision is expected by Saturday November 19, 2011 by 6:00 p.m.

At question is whether bylaw infractions can trump Canadian Charter of Rights and Freedoms. Section 2 of the Charter guarantees “freedom of conscience, freedom of religion, freedom of thought, freedom of belief, freedom of expression, freedom of the press and of other media of communication, freedom of peaceful assembly, and freedom of association.”

The city has sided with the right to enforce its bylaws. The activists instead charge that their right to freedom for expression and freedom of peaceful assembly hold precedence, since the ability to occupy a section of Toronto is essential to the nature of the Occupy movement.

There will be an 11:00 am support rally for Occupy Toronto at the park. An Evict Rob Ford rally has also been scheduled for Saturday, starting at 2:00 p.m. from St. James Park to city hall. Activists hope this will be a celebratory march.

Yesterday began with a rocky start.

At 8:30 a.m., a group of 20 demonstrators marched downtown to Brookfield Properties in solidarity with Occupy Wall Street which was raided earlier that morning. Three people were reported arrested by the Movement Defense Committee during the early morning action.

This action had just returned to St. James Park before activists on site were handed eviction letters from the city demanding they take down their tents and vacate the park by the deadline of between 12:01 a.m. and 5:30 a.m. on Wednesday, November 16, 2011, even though the official eviction notice warned activists to dismantle tents and related infrastructure (food tent, media tent, the three yurts) immediately.

The eviction cited charges under the City of Toronto Act and the Trespass to Property Act, with fines up to $2,000. Concerns from the city were around damage to the park grass and interference with the city’s winter maintenance to the park. The Trespass to Property Act lists the bylaws the city feels were violated by Occupy Toronto.

Ford had hinted last week that Occupy Toronto would be evicted “soon.” “It’s been a peaceful protest. I’m sure they’ll leave peacefully,” he said.

Bylaw officers, escorted by police officers (the city stated the police were escorting the bylaw officers for their own protection), started distributing the official eviction letters just after 11:00 am in the morning. The mood at the park was tense as the large police presence triggered fears that the eviction was imminent.

Occupy Toronto joined the October 15, 2011, Occupy Canada call-out. After a 2,000 person march on that Saturday through the financial district, activists then settled at St. James Park at King Street and James Street and pitched their tents. The park stands in the shadow of St. James Cathedral which has given occupiers sanctuary on their portion of the park’s land.

St. James Park contains rough 250 tents, three yurts (one medical, one library and one meeting space), and related infrastructure such as a logistics tent and a media tent. Discussion and consultations with elders are underway regarding the protection of the Sacred Fire burning on site.

As news of the impending eviction spread, supporters began to gather around the site. A direct Action training workshops and a legal rights workshop were scheduled and everyone at the camp was advised to write the legal number on their arm. The camp was buzzing with energy as people debated strategy. Residents moved their tents to St. James Cathedral property since the church had granted the occupiers sanctuary on their land.

During the day it was announced that thirteen dissenting councillors had challenged Rob Ford’s midnight eviction order and instead asked that the issue be debated at an already scheduled series of meetings on November 29 and November 30, 2011. Things raised the spirits of the camp.

News of the successful injunction was announced at the evening General Assembly and the celebrations began, although smaller as organizers had to retract the 11:00 p.m. dance party event to comply with the stipulation that they not flood the park with people.

A few hundred did attend the festivities and impromptu community feat, including a strong presence from many union and labour organization. Around the Sacred Fire, prayers were offered and Sacred Songs sung.

**

You can’t evict an idea.

Contact the city: 416 397 3673 or [email protected]

Contact: Chief of police Bill Blair 416-808-8000 or [email protected]

Krystalline Kraus

krystalline kraus is an intrepid explorer and reporter from Toronto, Canada. A veteran activist and journalist for rabble.ca, she needs no aviator goggles, gas mask or red cape but proceeds fearlessly...