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Court orders Occupy Vancouver tents to come down

Just hours before civic election, courts grant injunction to end protest camp.

Protesters bearing signs mill around outside the courthouse this morning. Photo by Alexis Stoymenoff.

The Occupy Vancouver tent city must vacate Art Gallery grounds by 2 p.m. on Monday, according to a ruling announced this afternoon by BC Supreme Court Associate Chief Justice Anne MacKenzie.

While protesters will be allowed to continue peaceful demonstrations, officials have been authorized to clear all structures at the site.

In the third day of this week’s injunction hearings, the court heard final arguments from lawyers representing the City and Occupy Vancouver, as well as testimony from four other self-represented defendants – including well-known local activist, Betty Krawczyk.

Madame Justice MacKenzie granted the City an injunction to clear the protest site, stating that City officials had established a breach of the land use bylaw. The result came after substantial arguments from Occupy Vancouver over constitutional rights to free expression and assembly, as well as the potential impact on homeless occupants if forced to leave the site.

Occupy Vancouver lawyer Jason Gratl made sure to address the issue of housing homeless members of the camp, saying the issue is particularly important given the recent snowfall and harsh weather expected that could pose immediate danger to those left without shelter. 

In response, it was determined that an emergency shelter would be opened for those members of the camp with no other alternatives. The City had also notified Occupy Vancouver lawyers that 10 single-room occupancy units were currently available, as well as two beds in lower-barrier shelters.

While protesters attending the hearing remained silent during the initial ruling, the discussion that followed drew some more impassioned responses and even a couple offensive hand gestures. 

“Certainly the City does not want to do anything heavy-handed,” said City lawyer Ben Parkin, drawing questioning looks from the gallery. 

The judge agreed to Parkin’s request to extend the order to outside police forces, authorizing not only Vancouver Police but also the RCMP and other municipal forces to make arrests when it takes effect.

Madame Justice MacKenzie acknowledged the cooperation that had so far been upheld between the protesters and the City, adding that it would be “highly desirable for that cooperation to continue”. 

Tearful responses from Occupy Vancouver supporters

Protesters attending the hearings could not conceal their disappointment at the results, but many maintain that this decision does not spell the end of Occupy Vancouver.

“It’s not going anywhere. It’s like hitting Jell-o with a hammer,” said one supporter, suggesting that the protesters would take the blow, rally together and move on. 

 “This movement is too big,” said Cherise Clarke, a volunteer member of the camp’s Indigenous Solidarity committee.

She said the protesters plan to continue with events planned for the weekend, but the strategy for Monday was not yet clear. Wiping her tears, Clarke expressed her sadness that Vancouver officials would take such aggressive steps to obstruct a movement so devoted to peace and justice.

“I thought maybe we could be the one place where authorities could work with us and not against us,” she said.

One of the self-represented defendants added to the case, First Nations chief Telquaa Helen Mitchell, left the courtroom chanting and singing one of the songs of her elders. Earlier she had testified, objecting to the City’s violation of indigenous rights and recounting the positive experiences Occupy Vancouver had provided her for counseling youth and others at the site.

“People will die because of your ruling!” she shouted as Justice MacKenzie left the courtroom.

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