After a month and a week at St. James Park, eviction notices were handed tent to tent by Toronto bylaw officers escorted by the police on Tuesday, November 15, 2011, notifying all that they had to remove all tents and related infrastructure by the city imposed deadline of between 12:01 a.m. and 5:30 a.m. Wednesday, November 16, 2011.
Occupy Toronto activists rushed to the courts and won an emergency court injunction ruling that same Tuesday preventing the city from evicting the camp by the city-imposed deadline of between 12:05 a.m. – 5:00 a.m. the next day. The camp erupted in jubilant singing, drumming and dancing; as the famous song hints to the spirit of staying power: “The cat came back the very next day!”
The court case was heard by Judge Brown the same week on Friday, November 18, 2011. During the day, Judge Brown heard arguments from activists in the morning, followed by statements by the Canadian Civil Liberties Association (CCLA) which had petitions and won intervener status, and then arguments by the city.
The city presented its case that it should be allowed to evict the Occupy Toronto demonstrators and tents due to bylaw infractions. In turn, the CCLA and the activists argued that the enforcement of bylaws should not trump the Canadian Charter of Rights and Freedoms Section 2 protection of the right to peaceful assembly, freedom of religion and freedom of expression.
They argued that the ability to occupy a section of Toronto is essential to the nature of the Occupy movement itself so therefore, the tents must remain on site. Also, they argued that freedom of religion allows for the First Nation’s Sacred Fire burning on site to remain lit.
Occupy Toronto has existed at the corner of King Street and Jarvis Street — behind St. James Cathedral — since October 15, 2011. Supported by generous donations and hard-work volunteerism, there are 180 tents (before the eviction there were roughly 254 tents) on site, three yurts and and a fully operational media and medic centre. The community kitchen works hard to provide activists and those without homes or access to healthy food with meals made through donations. The logistics tent provides supplies, sleeping bags and warm clothes. In one of the smaller yurts, there is a fully functional public library (honour system).
Also at question regarding the eviction is the right for activists to ask for sanctuary from St. James Cathedral, which stands on the North-West edge of St. James Park.
While Dean Stoute had stated in the press conference earlier this week that the church could not provide sanctuary for Occupy demonstrators because of conflicting opinion regarding where church land ends and city land begins, at a 4:00 p.m. press conference today, activists provided evidence — city land documents and Crown statutes — that clearly show that a significant portion of the park rests on Church-owned property.
If all or a portion of Occupy Toronto does rest on church owned land, under the Trespassing Act, the church would have to request that the activists be removed by the police from their privately held land.
In support of Occupy Toronto, a 4,000 person Evict Rally was held yesterday — with the majority of the crowd not entering into Occupy Toronto proper with vigilent-caution to avoid breaking the injunction stipulation that stipulated the park should not be flooded with people. Spirits remained high throughout the afternoon regarding the Judge Brown’s rejection of the city eviction notice. Union and First Nation territory flags fluttered in the strong wind. That same day, the Occupy Toronto public library had its Grand Opening.
Occupy Toronto organizers were quick to point out that they are working their hardest to comply with the law and the spirit of the injunction, including dismantling a shelter that was moved from the ground into a tree which could be seen by some as erecting a new tent or shelter.
The greatest concern today on site is regarding the housing situation for the many Occupy Toronto residents who have nowhere else to sleep, along with concerns about their safety and welfare if the eviction occurs, as well as strategies to deal with an eviction notice or a compromise ruling handed down by the judge (for example, Occupy Toronto can stay, but must remove the tents and related infrastructure).
The Judge will announce his verdict at 9:00 a.m. on Monday, November 21, 2011, after staying his original verdict announcement date of Saturday, November 19, 2011 at 6:00 p.m.
Occupy Toronto and residents expect a long night ahead tonight as they flesh out plans for tomorrow. Allies have pledged to stay the night as well, to hold down the Occu-fort.
I will continue reporting for rabble.ca and acting as the Town Crier. You can follow my coverage on Twitter @krystalline_k. FYI: I may not have access to updating this blog but will definitely be tweeting the news out as I’ll be staying up all night by the Sacred Fire. Come by and say hello!
I also encourage everyone to read this article for a more detailed explanation of what Occupy Toronto is fighting for: Activist Communique: Breaking a law is not the same as breaking a law that breaks you
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In other news, Occupy Edmonton received an eviction notice from Melcor Developments Ltd., for tonight at 11:00 p.m.
Occupy Vancouver has been asked to vacate the Vancouver Art Gallery site by tomorrow’s 2 p.m. court-ordered eviction deadline.
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