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Occupy Toronto granted interim injunction

Posted by Derek Flack / November 15, 2011

Occupy Toronto InjunctionThe Occupy Toronto movement has been granted an interim injunction against eviction. A judge will consider the constitutional issues posed by the protesters at St. James Park and deliver a decision by Saturday. In the meantime, the interim ruling states that no new tents be set up at the park. A hearing has been scheduled for Friday morning at 10 a.m. at which time both sides — the occupiers and the City of Toronto — will be able to present arguments. Until the judge rules on the matter, the City in not permitted to enforce the eviction notices that were distributed earlier today.

A rally is planned at St. James Park at 11 p.m. tonight.

Update (7:45 p.m.):

Here's a copy of Justice David Brown's decision regarding the interim injunction (PDF). Wading through the legalese, the crucial issue appears to be the "balance of inconvenience," which takes into account "the damage each party alleges it will suffer" as well as the general public interest. Here's a glimpse at the arguments that were presented today (for context, follow the link to the full report).

Occupy Toronto injunctionPhoto by Tom Ryaboi

Discussion

46 Comments

Mark / November 15, 2011 at 06:07 pm
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Hopefully the judge rules according to law, not according to feelings. We the people make the law through our elected representatives, not individual judges who are accountable to no one.
steve replying to a comment from Mark / November 15, 2011 at 06:14 pm
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as it has always been, judges in this country have never made a law. They are bound by the constitution. You should try and figure that one out.
Dear hippies / November 15, 2011 at 06:21 pm
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Get the f*uck out of my park.
Dear Hobo replying to a comment from Dear hippies / November 15, 2011 at 06:28 pm
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How the f*uck did you get access to a computer?
Dear hippies replying to a comment from Dear Hobo / November 15, 2011 at 06:33 pm
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I'm not a hobo. I live across road and I want these assh0les out so my dog has somewhere to take a sh1t, which by the way, is a much more productive use of the land then these unsuccessfully aborted sacks of human waste are using it for.
Mark / November 15, 2011 at 06:39 pm
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No where in the constitution does it say you have a right to squat and pitch a tent anywhere you want.
Tent Pitcher replying to a comment from Mark / November 15, 2011 at 06:41 pm
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I'm pitching a tent right now.
steve replying to a comment from Mark / November 15, 2011 at 06:46 pm
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Stop flapping your lips and read what was written.
Dear Hobo Princess replying to a comment from Dear Hobo / November 15, 2011 at 06:46 pm
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These dirty hippies are going to camp somewhere regardless. Bitching and moaning isn't going to do anything. Walk your ass to Moss park till it's all over. I'm sure your dog wouldn't mind the exercise.
Truth replying to a comment from Dear hippies / November 15, 2011 at 06:48 pm
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Pop Quiz: Whose park is it?

Its every ones park.

Not any more yours than anyone's.

Deal with it. ;)
Dear hippies replying to a comment from Dear Hobo Princess / November 15, 2011 at 06:51 pm
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Sitting in a park bitching and moaning isn't going to do anything either.
v79 / November 15, 2011 at 06:54 pm
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How can a judge order an injunction permitting illegal activities? Why is an eviction notice even necessary? That's like a robber breaking into your house, sitting in your living room, and then asking you for two months notice to leave your couch. These activist judges, who purposefully misinterpret our laws to advance their socialist agendas simply have to go. And can an "Occupier" please explain to me why the squatting/camping is necessary? How is sleeping in a park protesting? What does that achieve that can't be done during daylight hours at an organized, purposeful rally at Queen's Park, that doesn't negatively interfere with the everyday lives of fellow citizens (you know, your precious 99%)?
Dear hippies replying to a comment from Truth / November 15, 2011 at 06:54 pm
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I bet none of those bums has paid a dime in income taxes in their lives, so damn right it's more my park than there's.
Dear Hobo Princess replying to a comment from Dear hippies / November 15, 2011 at 06:54 pm
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I never claimed they would do anything, all I said was they are going to camp out somewhere regardless.
Gravy Train replying to a comment from Dear Hobo Princess / November 15, 2011 at 07:02 pm
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I will walk my dog and hope it shits on some hippie.
Dear hippies replying to a comment from Dear Hobo Princess / November 15, 2011 at 07:03 pm
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I'm an advocate of NIMBYism, I don't give a sh1t where these anti-bathing degenerates camp, as long as it's not where I go to let my dog defecate, and bang the odd hooker.
Dear hippies replying to a comment from Gravy Train / November 15, 2011 at 07:04 pm
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Thanks, aim for the "9/11 was an inside job!" tent, if possible.
stopitman replying to a comment from v79 / November 15, 2011 at 07:09 pm
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Judges rule according to the Constitution and then according to the criminal and civil laws of Canada/Ontario, as well as taking in the importance of past rulings (the beauty of Common Law is that we can go back hundreds of years for precedents).

@Dear hippies - if you want to get into the argument that these people "leeching" off of tax payers, why not turn the argument around? At least these people had/have/will have jobs at some point in their lives and have paid taxes all their life (HST, income, etc.) while your dog can be seen as the leeching off of past, present, and future citizen's money in all of this since it will never contribute anything to society, it will never hold down any job, it will never pay taxes, an it can never become a real citizen and participate in our democracy.
steve replying to a comment from stopitman / November 15, 2011 at 07:24 pm
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Kudos, I tip my hat to you. A person who can put together a reasoned argument gets my attention and praise every time. Whether I agree with their opinion or not.
For the most part the other comments here are shrill senseless and unreasoned. Of no value what so ever.
steve replying to a comment from Dear hippies / November 15, 2011 at 07:30 pm
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Nothing you say is trustworthy or believable,
Dear hippies replying to a comment from steve / November 15, 2011 at 07:38 pm
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Go back to reading your New Yorker please.
Dear hippies replying to a comment from Cheena Eagle Graham / November 15, 2011 at 07:44 pm
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I thank you for the laugh. I needed it.
James Hamilton / November 15, 2011 at 07:46 pm
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While it easy to dismiss many of the current Occupy Toronto protesters as hippies, the professional homeless, the helpless homeless, substance abusers, anarchists and communists there are many average citizens that drop by to support the movement. There are many more that probably support the overall effort and would never go to St James Park. If the city doesn't like the park location hopefully the protesters and the city can come up with some compromise actions/locations.

I hate the thought of violence in response to a message that tends to promote fairness, both economic and political.
v79 replying to a comment from stopitman / November 15, 2011 at 07:47 pm
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Our reliance on archaic precedents is a huge gaping flaw in our system, not "the beauty" of it. Judges rule based on their interpretation of our Constitution and laws, not the letter of them, hence why so many of their decision are outright wrong and overturned on appeal. This is another decision that will quickly turn out to be without merit.
Neil / November 15, 2011 at 07:53 pm
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Is the meeting open to the public?
Truth replying to a comment from v79 / November 15, 2011 at 08:15 pm
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The question here is whether a Canadians right to free speech is of higher value than the cities bylaw forbidding camping in a public park. Pretty easy call on face value....without free speech we might as well be North Korea.
belvedere replying to a comment from Truth / November 15, 2011 at 08:21 pm
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free speech is great. squatting isn't. two different things.
Cheena Eagle Graham replying to a comment from Dear hippies / November 15, 2011 at 08:21 pm
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It's way more than a laugh you need DH!!
Cheena Eagle Graham replying to a comment from Truth / November 15, 2011 at 08:25 pm
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You bet!! Our Charter trumps any bylaw any city, town, or municipality may choose to dream up!!
steve replying to a comment from Dear hippies / November 15, 2011 at 08:26 pm
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Hope that means you got my point. When I made assumptions you did not like it
Cheena Eagle Graham replying to a comment from Truth / November 15, 2011 at 08:39 pm
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Absolutely right! And this too, is part of why the Occupy'ers are there! This country is heading very quickly to become a dictatorship, led by big corps. $$ and their collective ownership of politicians and main stream media!!
belvedere / November 15, 2011 at 08:44 pm
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derek, why do u make it so difficult to post msgs w profane language? do u really think it makes a difference whether i write the f word as it shd be or with some sort of diacritic? really, it is f&cking moronic. ppl read it the same way. or r u taking lessons from the cbc web masters?

now, dear hippies tells the truth. these sacks of sh^t shd have no right to squat in public places. protest, sure, but set up home, no. dear ronnie shd surround them with firetrucks and hose the jezuz out of them. good for their hygiene, good for the park's hygiene.
belvedere replying to a comment from Cheena Eagle Graham / November 15, 2011 at 08:48 pm
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dear cheezie, tell me how ur protests r going to change all that. r u really that naive?? this ain't paris in the 1700's.
v79 replying to a comment from Truth / November 15, 2011 at 08:54 pm
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Setting up a tent and sleeping in a park isn't exercising free speech, it's simply camping in a prohibited zone. Not a single protest or rally has occurred between 12:01 and 5:30. It's no different than if I wanted the exercise my right to free speech by punching a protester in the face. Is that my right? Does that not triumph over the law that says I can't hit someone? Because according to you your logic, it does. And you're wrong. If we allow this squatting to continue, where then do we draw the line? Cannot then anyone accused of trespassing simply say they're using their right of assembly and get off with it?
Chomsky / November 15, 2011 at 09:14 pm
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"If we do not believe in freedom of expression for those we despise, we do not believe in it at all"
anonymous / November 15, 2011 at 09:33 pm
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There is not a single productive comment in this entire stream. I can't believe I read this whole thing.
louis / November 16, 2011 at 02:04 am
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in general I agree with the (i)legal occupation of the park; what bothers me is that while we're all talking about them, the occupiers, and debating whether or not a protest against an entire system that is broken is worthy of breaking a few laws - we're not hearing enough about the why or how to fix it.

everything is being washed out in broad 'we're the 99%' and 'you're a disgusting hippie' strokes.

for shame.
1 of the 99% / November 16, 2011 at 03:17 am
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I live right by the park too and I'd be impressed if I saw any "protest" action pre 10AM.

All is a see is a lot of sawing logs while I grin and bear what passes for public transportation on King.

They can assemble all they want - but a tent city - notsomuch.
JC / November 16, 2011 at 08:11 am
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Why do we keep giving these people attention in the media.. NOBODY CARES!!! more people camped out for iPhones then are part of the Occupy Toronto "movement" if you can even call it that!! this whole thing is a waste of time and money and this "movement" is costing us tax payers money!! go home!!
tnt / November 16, 2011 at 09:59 am
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Why was Gordon Lightfoot's kid so bitchy when he went to talk?
Alex replying to a comment from JC / November 16, 2011 at 01:40 pm
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That says it all. Why work so hard to help people so obsessed with rampant consumerism and brainwashed by advertising that they would rather wait in line for the next piece of trash Apple shoves down their throats than work to change society for the better?

I'm not sure if the last part of your post was a joke or being sarcastic, but if you were actually serious, how exactly is the Occupy movement costing anyone time and money? It's just the occupiers using their own time and money, unless you decided to donate to them. In that case, why did you donate to them if you don't support them?

Good luck occupiers. If you do get kicked out then I would recommend holding daily assemblies in Queens Park or City Hall (both public spaces) to continue your discussions for as long as you need.
idiots / November 16, 2011 at 03:39 pm
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seriously??? prohibited zone. just who the #$%^ prohibited the zones. you people make me sick, and i hope you die rotting in agony in a jail cell, because thats what you deserve for giving up your basic human rights for a sense of security.
Wuzupdoc / November 17, 2011 at 06:43 am
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Protesters? Message? I have seen neither...
What is the message exactly ? That you'd rather punish the independent business owners in the area of St. James Park by reducing their income by at least 30%...and therefore reducing the hours/income of their employees ?!
If you want to protest, why not do it after you finish your days work/schooling and go and vote. I think that is our hard-fought and cherished right in this great country.
Go back to your welfare cheques and taxpayer-sponsored housing units!
Mark / November 17, 2011 at 02:38 pm
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I respect those people and their efforts and I fully support their right to protest all the way because that is the only way how to show their dissatisfaction with <a href="http://ilovetoronto.com/events/2011/10/toronto-vital-signs-report";>unequal opportunities in Toronto</a> that are becoming more and more visual
to society than in the past...
Kevin / November 17, 2011 at 07:10 pm
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I can guarantee that all of these 'protestors' in one way or another all support these corporations in which they are protesting against. I am pretty sure that the majority of these 'protestors' all own a Blackberry or iPhone and probably all have a bank account at one of the 5 big banks.

Also I am pretty sure the only reason they are sleeping in the park is because they are too cheap to commute to Queen's park to protest each day. Honestly is $6 too much to spend each day to commute.

Oh wait none of these ppl have jobs.....
Joe Tackspaier / November 21, 2011 at 08:03 pm
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I can't wait untill the police come in and lay some g20 beat downs on these hippies.

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