Tension mounts as hundreds convene at St. James Park

Occupy Toronto protesters in St. James Park, Oct. 28, 2011. The Canadian Press/Michael Hudson

Hundreds of members of the Ontario Federation of Labour, led by OFL president Sid Ryan, have marched to the Occupy Toronto site at St. James Park, showing solidarity with protesters as they face eviction.

Earlier Monday, an Ontario Superior Court judge ruled the City of Toronto can evict the protesters at 12:01 a.m Tuesday, saying the trespass notice is constitutionally valid.

In a 54-page decision, Justice David Brown dismissed the protesters' request for an injunction preventing the city from removing protesters and their tents from the makeshift camp at the downtown park and imposing an evening curfew.

"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," the judge stated. "By taking that position and by occupying the park the protesters are breaking the law."

"I conclude that the Trespass Notice is constitutionally valid," he wrote. "The city may enforce it. I dismiss the application."

Immediately following the decision, Occupy Toronto posted on Twitter that "WE NEED PEOPLE AT ST. JAMES." A general assembly took place, with protesters weighing their options, including a possible appeal of the decision.  A second meeting will take place at 6 p.m.

Some protesters in the park said they would defy any attempt to remove them.  Two protesters built a crude barricade in the park and chained themselves to it, while others burned eviction notices.

Others stressed they did not want to risk a police confrontation and were willing to concede.

Some told CityNews they'd occupy Queen's Park.

Sakura Saunders, a volunteer with Occupy Toronto, said those who choose to stay will be "non-violently resisting" attempts to tear down their mini-village of tents and other shelters.

"That's simply us standing our ground," Saunders said.

"We do have Charter rights to be here and it is the opinion of everyone here that our Charter rights should ... be greater than the right of someone to walk their dog through this park."

At a news conference, Mayor Rob Ford said the city has worked to balance people's rights to protest with public safety. He said that the "unauthorized use" of St. James Park has interfered with the rights of local residents and businesses, and that "it's time this protest come to an end."

He asked for the protesters' co-operation, repeatedly saying, "I'd like them to leave as soon as possible."

Ford declined to say what would happen if protesters were still there when curfew begins at 12:01 a.m.

Earlier, Deputy Mayor Doug Holyday told CityNews, "The fact that the judge has sided with us is certainly good news. ... Our intention of course is to have the people leave as peacefully as we can get them to leave."

He expected that city bylaw enforcers would go to the park where protesters have been since Oct. 15 to inform those there of the judge's decision and ask them to leave because of the city bylaw infraction.

The city issued the eviction notice last Tuesday ordering occupiers to remove their tents from the park and observe a curfew between midnight and 5:30 a.m.

But protesters got a reprieve when the judge allowed a temporary injunction while they challenged it in court. A hearing was held Friday, and the judge issued his decision Monday morning.

Over the weekend, protesters said a 1959 land transfer document indicates the west side of the park is the sole property of St. James Cathedral and that church leaders could offer them sanctuary. But the Very Rev. Douglas Stoute reiterated at a Monday press conference that the church wouldn't interfere with the court's orders.

"We will respect and follow the decision of the court," he said. "Our hope and prayer is this can be resolved smoothly, and I actually think it can."

"We are going to follow what the courts rule and we are going to ask and expect them (protesters) to do the same."

Elsewhere, a B.C. Supreme Court ruling from last week gave Vancouver demonstrators until 2 p.m. PT on Monday to clear their encampment, which has covered the lawn of the city's downtown art gallery for more than a month. Some campers have already packed up and left, while others have vowed to stay.

Protesters in Halifax, London, Ont., and Saskatoon have already packed up and left their encampments. But others in Calgary, Edmonton, Montreal, Quebec City and Winnipeg remain at their makeshift camps.
Below is a Twitter feed following the hashtag #OccupyToronto