Saturday, November 12, 2011
Occupy NS eviction: Who OKed the cowardly and shameful act?
Mayor Peter Kelly says it was a unanimous council vote in an exclusive Coast interview.
Posted by Tim Bousquet on Sat, Nov 12, 2011 at 2:19 PM
Listen to the first part of my interview here.
Listen to the second part of my interview here.
The eviction was cowardly and shameful, for several reasons.
First, the Occupy group had demonstrated a spirit of cooperation and compromise. When concerns were raised that their Grand Parade encampment would take away from the Remembrance Day ceremony at the Grand Parade cenotaph, the Occupiers listened, consulted with veterans and reached a decision that won them great goodwill in the community---they would leave Grand Parade for a few days, then come back after.
What was city government's response to that spirit of compromise and mutual respect? To issue an eviction notice in the middle of a driving rain storm, without seeking further discussion or possible compromise, and siccing dozens of cops within two hours to enforce the order.
And the symbolism of evicting a political demonstration on Remembrance Day is not lost: Veterans did not fight for political dissent to be squashed.
The real cowardice of the eviction, however, is demonstrated by how the order was arrived at. Mayor Peter Kelly said that city council approved the eviction---sort of, I'll come back to that---at last Tuesday's meeting, specifically, during the in camera, secret part of the meeting.
But, I objected, items to be discussed in closed session have to be publicly agendized. Oh, it was agendized, said Kelly: during the secret meeting.
Step back and think about this: we have public disclosure laws so that council can't conduct business in secret without publicly agendizing it. But council can agendize a matter for secret discussion in secret. This is all honky-dory, said Kelly, because the secret discussion will eventually be retroactively placed on the public agenda, when council approves minutes for the meeting, maybe a month after the fact.
Secretly adding things to a secret agenda makes a mockery of the rules requiring public notification of secret discussions, and Kelly knows it. But, as Kelly himself said, that's "how it's [been] done," repeatedly, for years. Halifax city council is in near continuous contempt of its own rules of procedure, and of the city charter. There's no telling what else they're improperly discussing through these secretly agendized secret discussion.
Wait, there's more.
Typically, a council decision made in secret still has to be ratified in a public vote. But the Occupy eviction vote wasn't held in public because, said Kelly, it involved "operational matters" that somehow don't require a public vote.
Look, if councillors wanted to the evict the Occupiers, they certainly had the power to order it. It may not be a popular decision, but hey, stand up and own it. But no. Instead, councillors are now playing a game of linguistic cover-your-ass: we didn't approve the eviction, they're now saying, we reaffirmed the no camping in parks bylaw.
This is the logic of weasely dissemblers and craven cowards, and by that I mean each and every councillor, as Kelly said council approved the vote "unanimously." Each and every councillor voted in a manner that necessarily resulted in the eviction of the Occupiers, but is now trying to distance themselves from that vote. This is the textbook example of political cowardice.
Still, even worse than council's cowardly action is the shameful behaviour of Peter Kelly.
Let's be clear: violating the no-camping in parks bylaw is, well, violating a bylaw, legally akin to not salting your sidewalk or having an unsightly premises. They're real infractions, to be sure, but they're not, ya know, diverting millions of dollars of city funds to a favoured concert promoter or preventing old people from getting their legally entitled inheritance, both of which Peter Kelly has done.
The concert scandal is now old news, but understand what happened: Peter Kelly signed improper loan documents, the documents were not approved as required by the city's legal department, Kelly never notified city council as required and the loans violated the city charter. All told, some $5.4 million was transferred to concert promoter Harold MacKay in utter violation of the city's financial controls, and at one point the risk to the city was an astounding $6 million. As is, the city is still on the hook for $359,550.
Despite an auditor general's report that placed Kelly as a responsible and knowing participant in the concert loan improprieties, he has suffered no consequences.
Less well known, sadly, is Peter Kelly's disgraceful performance as the executor of Mary Thibeault's will. There are 18 heirs---mostly elderly people themselves---who have been waiting nearly seven years for resolution of the probate case that will split a half million dollars between them. Such probate cases usually take about 18 months for resolution, but Kelly has delayed, has ignored letters from the court, had to be prodded with court orders and through tearful letters from quite elderly relatives of Thibeault, and still he has not met his legally required responsibilities.
The Coast is the only media outlet to report on Kelly's disgraceful, dishonourable performance as executor, and so the story hasn't gotten the play it deserves. I don't know why other media aren't covering the story.
Maybe they agree with Kelly's objection that the Thibeault will is "a personal matter." But that's nonsense: as executor, Kelly is an officer of the court, a public officer of the court. Moreover, other media have no problem reporting on people's divorces, problems with alcohol, bankruptcies and so forth, which are clearly more "personal" than managing the distribution of half a million dollars through the courts.
To be honest, I'm having a hard time finding even a weak argument that the botched probate case shouldn't be a very public matter giving testimony to the rotten, debased character of a public official.
But that's how it goes in this city. Break the city charter and city financial controls, lose the city $360,000, put the taxpayer at risk for $6 million, screw a bunch of old people out of half a million dollars? Walk home free. Violate Bylaw P-600? Face immediate action by 40 cops.
At their heart, the Occupy protests are about how the rich and powerful cheat the system and face absolutely no consequences for their actions---whether that's destroying the global economy, improperly tapping the city treasury or kicking old people---while everyone else has to play by a different set of rules.
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Comments (74)
Showing 1-50 of 74
I was a middle aged, tax paying man
No opinion when it began
And it fin’ly hit the fan
When you would not comply
like
dislike
The HRM Council recently and frequently fought against public opinion in order use the Grand Square as their private parking lot.
How are we to square that mindset with the comments from the Mayor that Council is concerned with public spaces for the public ?
You probably could get a petition for Probate Pete to resign but he would pay about as much attention to it as he does wills.
Bye, Bye. Halifax Occupy
(with apologies to Don MacLean)
A few long weeks ago
I can still remember
How the morning news, it caused me a sad smile
I knew if I had a chance
If I gave them booze and held a dance
That maybe, they’d be happy for a while
But November’s rain it made me shiver
At the news the papers did deliver
Protests at Parade Square
Why’d they want to stay there?
I can remember that I laughed
And thought, “these kids must all be daft”
Until the smell did to me waft
I wasn’t on their side
Bye, Bye Halifax Occupy
The tents and tarps are gone now
Hear the protestors cry
Thank you, Peter Kelly
Thank you, too, Beazley’s pride
We saw Bylaw P600 applied
When the park began to smell like a sty
Did you need to be so crass?
Did you need to crap on the grass
Did the movement tell you to?
Are you allergic to clean clothes
Or do you simply ignore those
In your downtown funky smelling tent ghettos?
Well, I know that you were out to win
When Wall Street saw it all begin
But the citizens said “Booo!”
And apparently you lose…
I was a middle aged, tax paying man
No opinion when it began
And it fin’ly hit the fan
When you would not comply
Bye, Bye Halifax Occupy
The tents and tarps are gone now
Hear the protestors cry
Thank you, Peter Kelly
Thank you, too, Beazley’s pride
We saw Bylaw P600 applied
When the park began to smell like a sty
I just listened to the interview and I have to say I'm embarrassed to say I live in Halifax. These guys have no clue to the city charter or policies, they just do whatever they want willy-nilly, in secret because they know it wouldn't fly in public.
If PK and the same bunch at council are reelected, I'll have to question the voting public, assuming I stick around. Look at how well the city is doing...
What is pathetic for me tor read is it took concert scandals and police posers to get some of your attention when the mayor and police commit nefarious acts every day all day along against those who cannot afford lawyers.....sad that so many suffer because of YOUR ignorance and it took these protesters, ones that many of you degrade to the lowest to educate your stupid asses...how ironic....anyway
Finally some of you see Kyle B as the platfom pimp he is..years ago I was with the Health Coalition and resigned because NDP are a bunch of closet pimps, they took HC money and tried to make every project be about NDP which caused alot of in house fighting with me....they even pimped my community project to make NDP look good....they didnot care about sick people they wanted photo ops for NDP...
the NDP-HC took NPO money and gave Kyle special treatment to pad his NDP portfolio....Kyle B is one of HRM biggest pimps..and like the others, he is finally being outed as well.
When I first seen the pictures when I turned on the news I thought it was one of those other countries. I could'nt believe it was Halifax but with Peter Kelly anything is possible I guess. Glad I don't live there they seem to do whatever they want with no consequences.
*sarcasm warning*
keep slaving for your slave masters. you don't deserve real freedom, never did. financial hardship and lifelong indentured servitude is all you deserve, isn't that right? keep working for the bank's mortgage at 400% interest. keep working for multinational corporate profit margins. its not your world. you don't own it and you don't belong here. work for nothing till you die with nothing. be a good little sheep.
A comment from the CAJ site regarding the validity of the #OWS movement:
Personally, I assumed the Observer meant that since the "movement" is essentially a demand for accountability, transparence and equitable treatment for all, journalists should be listening to the people in it and fairly representing their position(s) as well as those of the authorities trying to stop the demonstrations and the pundits who try to paint the demonstrators as feckless kids out for a lark or dangerous anarchists.
Maybe it's naive for an old bat like me to think "journalism" means fairly representing both (or all) sides of a story, whereas "editorial comment" means you're allowed to approve of one side or another...even if your opinion is unwelcome or downright stupid and biased.
All comments (short of libel and incitement to violence?) are covered by the Charter right to freedom of expression, whether made by the editors of major newspapers or some "weirdo" with a homemade sign and an axe to grind.
There are no specific rights provided to journalists per se in the Charter. There is an Access to Information law (and we all know how well governments and corporations respect that!) which is predicated on the right of the citizen to know what's going on. It unfortunately falls to media companies and journalists to make the information requests on behalf of the public and carry the costs of the years-long lawsuits it takes to get those in power to comply.
Sadly, since the average citizen can't do it for him/herself, his/her surest means of publicly demanding accountability is to make a cardboard sign and camp out in a park. At least that sometimes leads to an open, public discussion of the issues.
Get an education and work from within' to make changes. But by that time you'll be alot closer to becoming a 1%er and you'll all quite down and suck it up. The problem isn't with the 1% at the top or the other 9% at the bottom its the middle class status quo that perpetuates the situation. And it will continue. They allow it to. The middle class loves to complain about the way our city officials handled this situation but only until they form a movement and take action nothing will change. Problem is all the middle class is working towards their 1% and will never be honest with themselves!
Commandante - the Bethany Horne article has just 3 'likes' yet many posters on facebook 'like' many other postings. That tells me that too many people are uncomfortable with the truth.
I have consistently pointed out that there are homeless people and people with mental health issues and drug addiction issues that need to be dealt with. I have never called any of them' freeloaders' or told them to get a job.
What I have said is that they have stolen power from outlets in Grand Parade and that they are being used by unionists for a seperate agenda.
Not once has Rick Clarke or Kyle Buott publicly offered to help those who need help to access services which are funded by the provincial government. Not once has Premier Dexter or any cabinet member or NDP MLA stood up in public to tell protesters that their protest has been noted and that action will be taken.
You write :
"Maybe regular and ongoing marches through the streets of Halifax, permitted or not, would have been a better way to exercise their right to free speech and express solidarity with the Occupy Wall Street movement in New York "
Two points in reply : 1) They can protest in Grand Parade and other public space as long as they comply with court rulings on the limitations of charter rights, the right to free speech is not absolute....as you well know.
2) Or they can ask Clarke and Buott to march them into the office of Premier Dexter and ask him what he is going to do about their concerns and why he has been silent for the past 30 days.
Is it unreasonable for me to expect your support for my second point ?
Joeblow,
In typical fashion, you cherry-picked Bethany Horne's article for material that would support your position.
While Ms. Horne described what she saw as problems at Victoria Park, she also made the following points about the Occupy camp:
"In effect, Utopia was already being saddled with the ‘problem people’ our general society has major challenges assimilating. They had to host the rejects we sweep under the rug into jails, homeless shelters and the foster system all over the country."
"The right wing calls these people—the homeless, the unemployed, the ill—freeloaders already, so Occupy is loath to do so. I think the fact that these camps exist is a valid critique of our general society, which gives bankers golden parachutes and homeless people a cot in a warehouse for the night. Canada is a rich country: it’s shameful that homelessness exists. Our system has problems."
"But Occupy is not a rich country. The fact that they do not have the resources or people power to adequately deal with the problems Canadian society has created and cannot solve should not come as a surprise."
It has been your position (the right wing position) throughout these pages for the last few weeks that members of the Occupy movement are "freeloaders" who should go out and "get a job", all the while discounting their central message that enormous inequities exist in our society and discounting the idea that they might have the support of many folks in the larger community.
Bethany Horne's article doesn't do much to support your sentiments.
Also from Ms. Horne's article:
"Halifax politicians failed to display tact, compassion, and public relations savvy when they cleared out the occupiers, but they accomplished what many wanted: to get rid of the camp."
I think she hit the nail on the head with that one.
Maybe regular and ongoing marches through the streets of Halifax, permitted or not, would have been a better way to exercise their right to free speech and express solidarity with the Occupy Wall Street movement in New York, but then people like you would have been screaming for the Mayor to "clear the rabble" from the streets and complaining about the traffic disruptions.
If you find these kinds of things upsetting, you had better prepare yourself. I believe things are going to get a lot worse in the next few years and the Occupation of the Grand Parade and Victoria Park will seem like a church picnic compared to what's to come.
The Harvard Crimson on the value of #OWS:
http://www.thecrimson.com/article/2011/11/…
I was taught from a very young age by my family that there are 2 sets of laws in this Country.
Laws #1- that we (my family &I ) the working poor, have to obey or we will be dealt with quickly & harshly by the political clowns , the Gestapo & their appointed kangaroo court system.
Laws #2 - nod nod wink wink, for those conected & or rich enough to have the sytem ignore their illegality.
If anyone needs more proof than what has been coming out about the HRM's fiasco of a Mayor. The theft of over a quarter million dollars The so called spending scandal of our Provincial MLA's...then I hope to god when I end up in a courtroom, these people requiring even more proof are my jurers.
Why can no criminal proceedings be started ?
They have violated key provision in the Charter they swore to uphold ! Is their absolutely NOT ONE DECENT LAW ABIDING OFFICIAL IN ALL OF OUR LAW ENFORCEMENT OFFICIALS OR THE IN PROSECUTOR'S OFFICE OR IN THE COURTS OF THIS PROVINCE ?!?!?!?!?!?!?
As a young man I thought my family may have been a bit jaded & were possibly wrong, but as I've gotten older the truth of those early lessons have been proven true again & again...& here yet again.
Premier Dexter with his Minister of Health Maureen MacDonald, and
his Minister of Community Services Denise Peterson Rafuse contemplating Occupynovascotia :
http://failedmessiah.typepad.com/.a/6a00d8…
Commandante writes : "The manner in which the police enforced the eviction order also raises questions. Police Chief Frank Beazley's decision to send police officers down to Victoria Park on Remembrance Day to tear down tents and haul people out of the park in 'Storm Trooper' fashion doesn't say much for his qualities as a leader."
The videos don't support your hyperbole.
Police offered assistance in removing the tents. Police offered co-operation. Some protesters packed up[ and left. Others declined the assistance and obstructed the removal of tents and belongings.
Gross exaggeration do nothing for the protest.
As for 'internal security threats' I think it is reasonable to say the disorganised rabble present no threat. They were however threatened by some of the disturbed and marginalised persons in metro. Bethany Horne covers the problem very well.
As for 'valid questions' about the legality of eviction I think it is important for all concerned that there was no eviction. The police acted to remove tents, not citizens. 14 people were arrested, no people were evicted as plainly shown on numerous videos.
If you think you or they believe there are 'valid questions' about the legality of the police operation I encourage you to state them.
I see Kyle Buott outside the courthouse today as he continues to pose for the press as a part of his unannounced 2012 municipal campaign. He is playing games with lives of people with less advantage than he when he would better serve them by taking them to meet with his party boss down at the legislature and gaining some measure of redress to the issue which are in the control of the province.
Why is Premier Dexter silent and hiding ?
In view of the concern over how much the Occupation of the Grand Parade was costing taxpayers, I'd like to see Peter Kelly's private financial arrangements with concert promoters revisited. I don't see how voting him out of office next year is a very satisfying solution to a "financial irregularity" which should have seen him driven out of office and perhaps landed him in court.
Councilor Steve Streach should just keep his big, fat mouth shut about the Occupation and the enforcement of municipal bylaws. The man went on the public record a few years back vowing to break the new provincial ATV law and encouraging others to do so because he didn't agree with it. How can he pretend to have any credibility in this discussion about people breaking the law?
Whatever the legality of the eviction from Victoria Park (and there are valid questions in that regard), the timing and manner in which it was carried out should raise some serious questions about the lack of judgment on the part of our municipal leaders, both on the Council and in the police department. It also raises questions about their ability to handle anything more serious than a broken traffic light in this city.
Peter Kelly's failings as a leader are writ large in his record as mayor, but he didn't act alone in this. He had the unanimous support of the HRM Council, the same Council which refused to hold him accountable when he played fast and loose with taxpayers' money in the concert cash scandal. The manner in which the police enforced the eviction order also raises questions. Police Chief Frank Beazley's decision to send police officers down to Victoria Park on Remembrance Day to tear down tents and haul people out of the park in 'Storm Trooper' fashion doesn't say much for his qualities as a leader.
Perhaps local officials were just trying to get rid of any ongoing protest presence in the city prior to the upcoming Halifax International Security Forum being held at the Westin Nova Scotian Hotel on November 18-20. Decision makers from around the world will once again be meeting in Halifax to discuss security issues, and 'internal security threats' will be among the agenda items. Maybe the Occupy tents represent the first stirrings of an 'internal security threat'.
I have to laugh at the anonymous poster that said 'it'll be nice to enjoy Victoria Park again'. I don't how long you've lived in Halifax, but it's common knowledge that Victoria Park is rough - it's inhabited by homeless alcoholics that seem to be able to spend the night without being evicted. It's a favourite hang-out for homeless kids as well. I walk by there every day, twice a day, while walking to work and there's always someone asking me for change - drug deals have been going down there since the 60's. I rarely see children playing there - I don't think I've ever seen kids playing there! I suspect Occupy ran into trouble because regulars took up residence with them!
JoeBlow, the article is excellent but I haven't heard anyone extol the virtues of the Victoria Park camp. No one. The issue is with the timing of the eviction, which Bethany describes, the way it was done, and the fact that Peter Kelly seems to have a problem with the truth. I hope there's a way to charge both council and Kelly with abusing the privilege of 'in camera' sessions. And, yes, I think Kyle would be well advised to keep his down but I think you're breeching the truth a little bit yourself when you say he and other labour people are trying to whitewash the Victoria Camp.
There seems to be a question about "why" the occupy movement is happening... If anyone is doubtful that corporations really control your life, I would encourage you to read a leaked Citibank memo from 2005 (i think) explaining how Canada, the United States, and a few other nations of the world are "plutonocracy" (Largely disproportionate control of Government by the wealthy, which in turn makes large corporations richer through legistlation). The link is here
- https://docs.google.com/viewer?a=v&pid=exp…
All the naysayers here: When was the last time you said "fuck, gas is expensive" or "NS power is skinning us alive", how about "Well, gotta put the groceries on the VISA again..."
$25000 in taxpayer money is nothing compared to how we get screwed, every fucking day. I for one (as a taxpayer) am happy my money went to a protest that shook things up a bit. Although I wish the message to the public at large was more clear, the protests more organized, and solutions put on the table, I can't say I am displeased with the spotlight that the protests have gotten.
It sucks that the majority of people seem to be brainwashed by society into thinking that 2 full time jobs and slavery to a mortgage for your lifetime is OK. How about a slavery to your VISA, when you put the 20 bucks you dont have every 2 weeks on it? 30 years ago, from what I hear, 1 working adult was enough to make a decent living for a family... I've never seen that in my lifetime, and here's the cause: Corporations take money from the average Canadian, American, whatever, and use it to fund a lavish lifestyle without giving back. And we fucking let them.
Open your eyes.
Every time you harp on the Occupy movement, you just give the rich a little more of yourself. Have fun getting fucked, and asking for more.
For those who claim Kelly is hypocritical regarding Seaview Park vs. Victoria Park:
Mr. Kelly told CBC news that Seaview Park is administered by the Africville Heritage Trust and not HRM, implying that HRM does not and cannot enforce park by-laws there.
I for one am looking forward to enjoying Victoria Park again, and I know others are too.
justmy02 - there is no exception for Mr Carvery.
However, the police and the authorities are free to exercise discretion in enforcing laws. In the case of Mr Carvery I doubt there were any complaints about his choice of abode and Councillor Blumenthal gives a good reason why no action was taken.
There is a million miles of difference between the action of Mr Carvery and the actions of the 'occupiers'
Read the article by Bethany Horne that I have referenced just before your post. She posted her work on the ONS Facebook page and she seems to have struck a nerve - after more than 1 hour it has only 2 likes.
Truth hurts.
is there an exception in the bylaw for Mr Carvery living in Seaview park??
http://metaviews.ca/occupy-utopia-trouble-…
Inside the mess of OccupyNS.
Very good article by Bethany Horne describing the shamble that Thibedeau and Buott want to keep quiet.
I hope somebody sends it to Premier Dexter because people with addictions and mental health problems need help.
Shame on Rick Clarke & Kyle Buott for using the disadvantaged for political advantage.
Forget a court challenge against HRM, this gives Kelly and the council even more reason for cleaning out the mess from Victoria Park and Grand Parade.
Izzy - No person was evicted. Tents were removed.
You are parsing a la Bill Clinton.
Read the two judgements referenced below.
They were camping at Grand Parade and at Victoria Park and they knew they were violating the bylaw.
No property was seized. Property was removed and tabbed after attempts to identify owners were unsuccessful. The police acted within the powers available to them in law.
Kyle Buott is sticking his face in front of every mic and camera to increase his visibility for his attempt at a a council seat next October after his failed attempt to gain a school board seat in 2008. Put simply, he has no intention of working and every intention of being a full time politician making money that he can only dream about. As for a committee 'looking at the legality of the notice' just ask Kyle to tell you who sits on the committee.
http://reports.fja.gc.ca/eng/1995/1995fca0…
http://www.cbc.ca/news/canada/british-colu…
The occupy movement is a joke. No body who has the ability to do anything about this is even thinking twice about a bunch of hippies twirling hoola hoops and smoking cigarettes. All I have seen thus far is a bunch of complainers.. I have yet to see a plan, proposed solution, or even a formal presentation of the actual wants of the occupy protesters. If I was Peter Kelly, I wouldn't worry for even a second about kicking out these protesters off of my front lawn because no body is really listening.
Kyle Buott said Sunday that a committee was checking the legality of the notice to see whether the mayor had the right to evict demonstrators from the park.
Read it on Global News: http://bit.ly/vRDfrB
I wish Kyle would keep a lower profile in these things.
As a follow up, does anyone know of anyone in Canada associated with the Occupy Movement that has actually been charged with bylaw infractions? All of the charges that I've heard about so far only been obstruction.
Did anyone actually read the bylaw? Because I just did. They are accused of violating three parts in the act (Sections 8(1), 8(2) and 13(3)), section 13(3) involves park hours and they were not in violation of that part until 10pm. Sections 8(1) and 8(2) deal with camping, the first being the no camping, and the second saying that you cant erect anything for the purpose of accommodation. Now depending on how "camping" and "accommodation" are defined they were not in violation of those sections either until 10pm. Furthermore, none of the sections they were accused of violating say that it is illegal to put up a tent, just that they cant use it for "accommodation".
Then when you scroll down and look at the penalty section, section 18(1) it states:
"Every person who violates or fails to comply with any of the provisions of this By-law or the conditions of any permit or order issued under this By-law is guilty of an offence and is liable on summary conviction to a penalty of not less than $100 and not exceeding $10,000.00, or in default of payment, to imprisonment for a term not exceeding one year. Each day that the offence continues shall constitute a fresh offence."
This says nothing about being able to seize property, all that they could do was arrest and then give a court date as to when they could be convicted.
So because actually putting up a tent in a park is not illegal, only using it is, the police had no authority to seize the tents, as they are private property.
I completely agree with Sean on this. The questing needs to be asked "does the city have the power to remove people from the parks?" Now I'm by no means a legal expert, so I maybe completely wrong, but I would say no. And even when I read the penalty section of the bylaw, it does not give the police or the city the authority to remove them, just to charge them. But its the opposite that's happened, they have removed them, and to my knowledge no one had been charged with any of the offenses laid out in the eviction notice.
Sean Gillis - The courts have ruled several times and bylaws have been upheld. You and I have the right to protest but have no right to erect structures.
However, if there is no space available at a shelter a person may claim a right to camp out, but not during daylight.
http://www.cbc.ca/news/canada/british-colu…
Bottom line : If you are homeless and the shelters are full you can erect a tent at the end of daylight and you must take it down upon the return of daylight.
If the Kyle Buott believed the people he funded had any chance of a constitutional challenge they would have had the lawyers lined up weeks ago.
Tim,
I appreciate your reporting on this issue, and you raise a lot of good points. I disagree, however, with this statement: "Look, if councillors wanted to the evict the Occupiers, they certainly had the power to order it." So far all the reporting on this eviction is missing the biggest question: does HRM have the authority to use a municipal by-law to limit a Charter right? Compared to this question, procedural problems at City Hall are small potatoes.
The Charter of Rights and Freedoms guarantees the freedom of peaceful association. Nowhere in that document is there a specific limitation on where, how and when. Freedoms may, however, be limited by law - whether the law is municipal, provincial, or federal - but only subject to such reasonable limits as can be justified in a free and democratic society. The question than becomes: is the eviction of Occupy protestors, which limits their Charter rights, justifiable?
Did Council discuss this issue in-camera? What advice did legal staff give? What other means might Council have used to address pressing issues at the encampement, such as cleanliness, safety, and nuissance? We simply don't know, because this was a secret meeting. Important discussions about when to limit a fundamental right should happen in public. This is more than a failure of procedure, this is potentially a failure to protect Charter rights.
If this case proceeds to court, and protestors argue their right to peaceful association was abritrarily and unjustifiably limited, how will HRM justify their actions? When Charter cases go to court the onus is on government to justify the limitations of fundamental freedoms.
The Canadian Civil Liberties Association is watching these evictions. They sum it up quite succinctly: "The enforcement of municipal by-laws or trespass notices may be unconstitutional as these actions may unjustifiably violate Charter rights."
http://ccla.org/our-work/fundamental-freed…
This particular issue has gotten no attention from the media. At the least it would be interesting to have opinions from the legal profesion, perhaps a Dal law prof, on the Charter implications of this eviction. Tim, keep up the good work, but there are bigger fish to fry than council procedure in this case.
Sorry to see so many nasty, mean comments. #OccupyNS, as in other cities, is based on the right of assembly. Yes, they camped. So what? Are you all that intolerant? It's not like it happens all the time with homeless people (or whoever) living in tents all over the city. Yes, it's illegal to live in a tent on municipal property. Maybe the occupation has lasted too long and maybe it hasn't. I don't know but you h8ters can at least be grateful that we are allowed to push the boundaries of the law in the name of peaceful protest. Or would you rather you were born in, oh I don't know,... Libya?? *You* are the ones who sound jealous.
Um where does it say that in the Canadian Constitution that you can set up tents in a public place? The time for playing camper is done. Now is the time to do the WORK (I know a four letter word), that is organize, lobby and advertise for change. Camoing in public spaces won't do that.
My husband and I have been involved with Occupy NS from the beginning and we are noticing a disturbing development: police are following activists even when they aren't occupying public spaces. They follow activists when they walk down the street, they sit outside private locations in which activists meet, they film activists not only in Parade Square, but other public areas. Yesterday we went to Africville to dry out tents, tarps and sleeping bags and police came and filmed everything that we did. We were just drying out wet items in a field! They are responsible for these items being soaking wet.....items that included Bibles, no less. That's right, these violent Anarchists actually take inspiration from the Bible! Do you know what it feels like to wipe away mud from a wet Bible while a police surveillance person films? It is appalling. This has become a police state.
I think that what is lost here is Mayor Kelly's name was not on the eviction notice but rather a City Manager. Council voted and there were no voters against. In Camera votes to me are at the heart of what is wrong not the eviction. If you were able to poll all councilors on the mood of their constituents expressed in regards to Occupy NS you would probably find that Occupy NS is the One Percent not the 99 percent of public option. What I see from a far with occupy NS is a bunch of people who don't work for a living who have Class envy. Capitalism certainly does not prevent you from getting a job , your stubborn immature mind does. Capitalism does not prevent anyone from buying shares in the very Banks you hate. Imagine for a second you are in the much vaulted socialist countries you aspire Canada to be. What would be your fate in Communist China for such a protest ? Sure you get your government owned apartment but potentially you get hard labor or even death under socialism. China, Brazil ,India and Russia are now the economies asked to bail out the failing social democratic governments of the European Union. Funny how capitalism adopted in the BRIC economies is Leftie Europes only hope for economic survival.
331 days now.
And Calvin, remember the first rule of the Internet: Do not feed the troll!
:-)
anonymouscritic1, since when do the people on news website comment sections reflect the opinion of the general public?
Those forums are made up of the most maladjusted, shut-in miserable frightened fucks known to man.
I was born in Flin Flon Manitoba and moved to Colorado in 1968 with my parents when I was nine. I am one of the United States "undocumented".
Not going to stop me from promoting and being involved in another protest!
Lest anyone think that Canadians support Occupy Halifax, or any other Occupy Canada movement, review the comments on The Globe's coverage of Friday's events:
Halifax does not support the Occupy movement, and neither do Canadians in general:
http://www.theglobeandmail.com/news/nation…
Only in Halifax can our 'c-u-next-tuesday' mayor Peter Kelly and his girlfriend Skank Beazley get away with gang raping the rights of vulnerable public members....at least other rapists wait until after dark or wear a mask...
Go Canada! My homeland.
This is what I have been posting in the States, I feel a lot of it is global..
I feel the occupy movement does have a basic underlying message; Stop letting money decide political elections; And regulate corporate lobbying (and all lobbying) making it a public forum. Right now lobbying is mostly two old white guys sitting across from each other in an office. "They" have probably worked with each other or went to the same school; And "they" have promised you a job when you get out of politics, -- tripling your present salary!. The "lobbyist" used to be a "politician", it worked for him!. Who owns who? - That's a "Person-hood".
I lived in the Glenn Hotel in downtown Seattle when the WTO protests happened. It happened at my front door. I was a part of it, promoting it, and involved in it. There is something going on, and I am going to be a part of it again. I have helped organize and promote protests in Bellevue, Olympia, and Seattle Washington; another big one is coming. I feel it will be a “WTO” sized protest in multiple cities.
"I" was at the WTO protests in Seattle Washington, (with thousands of "other" really awesome "people", and a few "freaks") when a bunch of "anarchists" started busting windows with crowbars. We surrounded them, and they got in a circle with their crowbars. I tried to get the "Seattle police" to come arrest "these anarchists”, that were only fifty feet away and threatening violence and breaking windows… The "Seattle police" would not budge from their “police line”, making all of "us" the "enemy".... (There were thousands of "union" and "other" people sitting and standing in the street, - it was a relatively peaceful protest until the windows started breaking…). " I" am not the "enemy".
I will be in Seattle at 700 Stewart street at the Federal courthouse January 20th, 2012!!! I know we can do this better than last time.
The Corporate Occupation of the United States
Our corporate controlled government (through corporate lobbying and election funding ) is out of the peoples control. People want government control back. Makes sense to me… I feel US corporate capitalism (corporatism) is a type of economic fascism: To have a corporate being where the chain of command eventually muddles all responsibility to any human being. These corporate beings are running your life, and controlling your government. (Enough to really make an individual mad and protest.) In reality, the corporate being does not exist, and when it comes to face it’s corporate responsibility, it is a piece of paper. (Or a CEO saying; “I do not recall that”, “I did not have that information”, “that was not my responsibility, I was running the company, and not just that department”,,, and on and on. It has bred a corporate culture of abuse, because they keep getting away with it..), Corporate person-hood is plain and simply wrong: A corporation is not a human being. Restore capitalism to individual responsible chains of command, or this struggle will be lost.
Please Sign the petition to amend the Constitution for revoking corporate personhood at:
movetoamend.org
(I feel January 20th, 2012: will be a bigger day in US history than WTO in Seattle. The battle continues, rage against the machine is real.)
January 20, 2012 – Move to Amend Occupies the Courts!
Move To Amend is planning bold action to mark this date — Occupy the Courts — a one day occupation on Friday January 20, 2012, of the Federal Courts, including the Supreme Court of the United States and as many of the 89 U.S. District Court Buildings as we can. (I am inspired by Doctor Martin Luther King who said; "a true revolution of values", ... "there comes a time when silence is betrayal"., "people are not gonna be silenced".). Move to Amend will lead the charge on the judiciary which created — and continues to expand — corporate personhood rights.
http://open.salon.com/blog/kennspace/2011/…
The Mayor made a comment a few days ago that the Occupy Nova Scotia protest had cost the city an estimated $25,000. I've noticed this figure being tossed around a lot since then with everyone assuming that Peter Kelly didn't pull the number out of his ass.
But as Tim reminds us, it was the same Peter Kelly who violated the city charter by loaning $5.4 million of taxpayers' dollars to a concert promoter without the approval of either the city's legal department or the council. Taxpayers are still out $359,550 of this money.
Maybe Peter Kelly (and his supporters here) shouldn't be lecturing folks on what a terrible financial burden the Occupy Nova Scotia protest has imposed on taxpayers until he finds some balls somewhere and accepts responsibility for the $359,550 he owes the taxpayers of HRM.
The man's a jackass.
Nice job, Tim. For those of us who don't go along, you're our only real voice in the MSM. *bows*
Right on the money Tim. We look up to you as a leading journalist in Halifax. Your willingness to spit out the truth no matter how it tastes is exactly what we need. More politicians like you Tim, and less journalists like Kelly. Thanks.
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