Occupation Over


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Background information in the days leading up to the Ontario Supreme Court ruling.

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Occupation Over

  1. 1. City Hall vs. Occupy Toronto
  2. 2. November 15, 2011 10 a.m. This morning, City staff hand delivered a letter from City Manager Joe Pennachetti and a notice under the Trespass to Property Act to protesters at St. James Park, advising that they immediately leave the park. The City has worked to balance people's right to protest with public safety. Residents and businesses have been very reasonable and patient. Protesters have been very peaceful and the City is very appreciative of this. However, it's time this came to a peaceful end. Protesters are required to remove all tents and other structures, equipment and debris immediately. The City is willing to assist to ensure the safe and orderly removal of these materials. It is the City’s intent to facilitate this peacefully. The notice under the Trespass to Property Act cites a number of prohibited activities — such as gathering overnight in a park and erecting tents or structures. However, it does not set a deadline. We continue to monitor and assess the situation.
  3. 3. November 15, 2011 7:30 p.m. Solicitors representing the City of Toronto attended at the Superior Court of Justice - Ontario this afternoon to respond to an injunction application with respect to the notice under the Trespass to Property Act. Late this afternoon, the Court granted an interim injunction until it makes its decision. This is expected by 6 p.m. on Saturday. In the decision, the court ordered that no new structures can be erected in St. James Park, beyond those that were already in place as at 10 a.m. today. Occupy Toronto must post a copy of the Court's decision on its website.
  4. 4. November 17, 2011 3:45 p.m. update Mr. Justice D. M. Brown of the Superior Court of Justice - Ontario advised the City this afternoon that he will now be releasing a decision at 9 a.m., Monday, November 21. November 17, 2011 6:40 p.m. update City staff distributed flyers to people in St. James Park this afternoon announcing that starting immediately from 4 p.m. - 9 p.m. daily Shelter, Support & Housing Administration staff will be available at the Adelaide Resource Centre for Women at 67 Adelaide St E to discuss individual needs of any interested individual.
  5. 5. THE DECISION OF THE COURT (i) The City and its agencies shall refrain from enforcing the Notice, or taking any other steps to evict or remove the applicants and other protesters from the Park, until such time as the court release its reasons for judgment on the merits of the applicants’ proceeding. (ii) The court will hear full argument of this application on Friday, November 18, 2011, commencing at 10:00 a.m. at the Courthouse, 361 University Avenue, Toronto. No more than one day will be allocated for argument of the application.
  6. 6. City Hall vs. Occupy Toronto IN CITY HALL’S DEFENCE:
  7. 7. City Hall vs. IN THE PROTESTORS’ DEFENCE:
  8. 8. Is The Occupation Really Over? And do you agree or disagree? Read a summary of the Judge's final ruling, consider his supporting arguments, then answer the following questions in the forum titled: Week 4/5 - The Argument Essay . A Superior Court Judge outlined three supporting arguments in his ruling to explain why Occupy Toronto Protestors did not have the right to camp overnight in a downtown Toronto park. The first argument has been described for you. 1. Can you describe another one of the Judge's supporting arguments? Does he include a statement, example(s) and further explanation?   2. Can you find a third argument? Explain it in a second paragraph. 3. Do you agree with the Judge's decision? Explain why in a third and final paragraph.
  9. 9. Links to Online Resources <ul><li>The Canadian Charter of Rights and Freedoms http://laws.justice.gc.ca/eng/charter/index.html </li></ul><ul><li>The Ontario Trespass to Property Act http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90t21_e.htm </li></ul><ul><li>City Hall’s letter to protestors: November 15 http://www.toronto.ca/newsroom/OccupyLetter.pdf </li></ul><ul><li>The Court Injunction http://www.toronto.ca/newsroom/batty_v_city_toronto_interim_stay_nov1511.pdf </li></ul><ul><li>Occupy Toronto’s Website http://occupyto.org/ </li></ul><ul><li>City Hall’s Website http://www.toronto.ca/newsroom/occupy.htm </li></ul><ul><li>The Toronto Star http://www.thestar.com/ </li></ul><ul><li>CBC News http://www.cbc.ca/ </li></ul>