Protestors begin to baracade the library yurt at St. James Park before Toronto City bylaw officers escorted by Toronto Police came through St. James Park.Deborah Baic/The Globe and Mail
Emotions ran high at the Occupy Toronto encampment at St. James Park as some protesters vowed on Monday to remain at the scene and braced for police intervention in the hours after a court decision said the city had the right to evict them.
While some packed their tents and left, others erected a makeshift barricade of boards and wood pallets outside the yurt that served as the movement's library. Two masked protesters chained themselves to the yurt.
"Protect the books," said one of the chained men, who was wearing a riot helmet. "In New York they took all the books."
The man, who said "anarchist" when asked his name, said he would be there indefinitely and was willing to be arrested.
Hundreds of people descended on the park Monday night. Police and bylaw officers, however, made no attempt to clear the park and enforce the midnight to 5.30 a.m. curfew.
Protesters banged drums, danced and chatted in small groups as they vowed to hold the park against any eviction attempt. The only visible police presence was a single cruiser parked across the street.
Shortly after midnight, organizers called a short general assembly to exhort people to stay all night. They reasoned that the city would move in to evict if the numbers dwindled.
"If we stay here tonight, we're going to get really tired, but this is a movement," said one woman. "Let's show the police and show the city that we're serious."
Earlier Monday, the crowd was angered by the arrival of a group of a dozen or so police and bylaw officers, who moved into the park at about 2:10 p.m. with new eviction notices printed on church letterhead.
Josephine Grey was packing up her tent on Monday afternoon before the second eviction notice was handed out.
"We were going to wait until later but we just can't risk it, we're not rich," she said, pointing to what she said were essential belongings including the family tent.
She and her partner, who have been camping out since the beginning, said they will be back during the days but not at night any more. They need to be around for their children, she said.
Another protester, Phoenix Laforest, said he was leaving because he couldn't afford to lose his valuables including computer equipment that he had at the park.
He started packing up before city pickup trucks arrived to help people move.
"I have valuable things that I'd like to keep," he said.
The group's assembly was interrupted when eviction strategies were being discussed. One strategy involved sorting protesters into three groups: red, orange and green. The colours refer to people who are willing to be arrested, those who will put themselves at risk of being arrested and those who will not.
As the officers passed through the park, dozens of protesters followed them, shouting "Shame!"
"This is our land!" some native protesters yelled. "This is violence against a vibrant community," another occupier said.
In the morning, while municipal officials urged the protesters to end their month-long occupation, some pondered whether to appeal a judgment that upheld the city's right to evict them.
Ontario Superior Court Judge David Brown ruled Monday morning that the city's eviction notice was a reasonable infringement on the protesters' Charter right to freedom of speech.
"Right now we have the lawyers reviewing the decision. It's 54 pages, which is a lot. We're looking at what the next steps will be," said Anna Crooke, one of the five protesters who had unsuccessfully challenged the city's eviction notice.
At City Hall, Mayor Rob Ford refused to give a firm deadline.
"I'd like the protesters to leave peacefully and as soon as possible," he said, declining to give more details about the city's plans.
Inspector Gary Meissner from 51 Division said there will be a continued police presence nearby. He didn't specify if anything would happen at 12:01 a.m.
The city eviction notice ordered the protesters to remove their tents and shelters and be out of the park between midnight and 5:30 a.m.
"We're not in a situation of deadlines at 12:01," city manager Joe Pennachetti told reporters, suggesting the authorities will take a deliberate approach.
Moments after the decision was released, protesters began drumming and dancing in the park, with some vowing to resist any police attempts to evict them. Another general assembly is to be held at 6 p.m. Monday.
Councillor Norm Kelly, chair of the city's parks committee, said the city does not yet have a timetable for clearing the park of the makeshift camp.
He said he does not believe it is in the protesters' best interests to put up what he described as a "final, physical resistance," because they may lose what public support they have.
"The city has treated them very fairly and generously over the past four weeks and we are hoping that they will reciprocate," he said.
After city bylaw officers handed out eviction notices last week, many protesters practised non-violent blocking techniques, like linking arms, forming human chains or laying down in key areas of the encampment, such the medical and media areas.
Councillor Pam McConnell, who has been in talks for two weeks with protesters aimed at reaching a negotiated settlement, said she is hopeful the end of the occupation can come with "talking not pushing" and without "brute force."
Meanwhile, a Ford ally, Councillor Giorgio Mammoliti, said that if he had his way, the protesters would have been cleared from the park long ago.
"We have Robin Hoods and makeshift Jesuses walking around pretending that the park is theirs when in reality they have made a disaster of that park and turned it into a situation where it is going to cost the taxpayers a lot of money to bring it back."
The protesters had argued that the encampment was a key part of the movement.
They said their continuing presence was part of an exercise in community-building, providing a lasting area where marginalized or like-minded people could gather and share their concerns. They argued that other people could still enjoy the park.
"I do not accept that statement," Judge Brown wrote, however. "The amount of space available for public use in a tent-free park necessarily would be much greater than the amount available in a park populated with 300 tents, three yurts and approximately 10 larger tent structures."
Judge Brown said their freedom of speech could be conveyed without the use of tents or overnight stays.
"Protesters have ample means left to express their message, including continued use of the park (but no structures or "midnight hours"), and other Torontonians can resume their use of the park," he wrote.
The protesters are simply breaking the law, the judge said in his decision.
"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 city had filed 11 affidavits from residents who complained of noise, smells, drug use and being intimidated by aggressive protesters at the park. Four of the affidavits came from residents who complained of being verbally harassed while walking their dogs.
"We saw a large group of protesters giggling and defacing the cement by the fountain in the park. One of the dog owners told the vandals to stop writing on the cement ... The vandals screamed at us, 'You were all raised by Nazis'," said Hilda Whincup.
There was little sympathy from protesters however, who felt their cause was more elevated.
"They're basically saying that dogs should be able to poop in the park without seeing any protesters," protester Sakura Saunders told reporters after the court decision was released.
Deputy mayor Doug Holyday said the judge's ruling does not change the city's strategy.
"Our strategy all along has been to bring this to a peaceful conclusion and we still will be attempting that," he said. He expects that city officials and perhaps the police will speak to protesters and ask them to leave.
"I don't think anyone is going to get arrested on the spot or thrown out," he said.
Hundreds of protesters have gathered at the park since mid-October, many camping out in tents. Toronto's occupation began about a month after the original Occupy protest began in New York City, near Wall Street. Protesters there were told to leave last Tuesday, as were many campers worldwide last week.