Ontario Justice Rules That Occupy Toronto Must Leave Public Space

Ontario Justice David Brown has ruled that the City of Toronto is within its right to end an Occupy Toronto demonstration of James Park.  In his ruling the Justice said that the Canadian Charter of Rights and Freedoms does not permit protesters to take over public space and exclude the the public from enjoying the use of that space.

The City of Toronto wants to enforce its by-laws,  which was challenged by the Occupy Toronto movement.  Mayor Ford of Toronto did not reveal what his intentions were at this point or whether he would deploy police to remove the occupiers.   He reiterated that the wants the protesters to leave peacefully.

“The Charter does not permit the protesters to take over public space without asking, exclude the rest of the public from enjoying their traditional use of that space, and then contend that they are under no obligation to leave. By taking that position and by occupying the Park the protesters are breaking the law. Such civil disobedience attracts consequences. In this case the civic authority which represents the Toronto community now seeks to enforce the law. It wishes to re-open the park to the rest of the city to enjoy as was done before. That is what the City sought to do by serving the Trespass Notice last week. … I conclude that the Trespass Notice is constitutionally valid. The City may enforce it. I dismiss the application.” — Justice David Brown’s ruling

Canada’s National Post reported that city manager Joe Panchetti said the the municipality wanted to move quickly and act in daylight before the deadline.  Link of Mayor Fords reply when he was pressed to state his intentions

Communities across Canada are asking the occupiers to leave.  In most cases occupiers have dug in and refused to leave.  In most cases concerns for safety have  been quoted.  On woman in Vancouver has died from a drug overdose.  In Edmonton temperatures have dipped well below freezing and the city was concerned for the safety of occupiers in tents, including the dangers of starting a fire.  The occupation in Edmonton is also on private property and the company owning the property has been more than patient.  Patience however eventually runs out.  To that end the company has said that they will ask for police action, if protesters don’t leave on their own.

Occupy protestors are meeting with Melcor officials Monday. This comes after they defied another request to leave Melcor’s park.

Melcor says it has issued a final warning to Occupy Edmonton. And officials are looking to find out by Tuesday morning what the group decides to do.

The company says it is no longer open to mediation and if protestors don’t produce a plan to vacate, it will ask for police to take action.  http://edmonton.ctv.ca/servlet/an/local/CTVNews/20111121/edm_melcor_111121/20111121/?hub=EdmontonHome

The protesters have made their point and no one is stopping them from protesting, it is the camping that is the concern.  The ruling in Ontario today should give other Canadian cities the determination to end the occupations.

About the Author

Karl Gotthardt - Politisite Managing Editor Maj. Gotthardt is a Retired Military Officer with 35 years service in the Canadian Armed Forces. He spent most of his time in the Military in Infantry Battalions. Karl took part in training for Afghanistan as an Operator Analyst with the Canadian Maneouvre Training Centre. Karl is a qualified military parachutist and military free fall parachutist. He earned his U.S. Master Jump Wings in Fort Benning, Georgia. Karl enjoys working with horses for the last 24 year. He owns six. He has experience in breeding, training and of course riding.Karl was born in Germany and is fluent in both English and German and he speaks enough French to "get in trouble". Karl has written or writes at NowPublic, All Voices, Tek Journalism and many others.

Author Archive Page

Post a Comment