(Please forgive the lengthy and not quite so focused rundown, the author is running on one hour sleep)
Victory in court?!? This morning we were entering the state of mind that the police tactical unit could raid us immediately upon the granting of an injunction. And indeed they were ready and waiting in the court building, but they did not get their wish. The courtroom was packed with 70-80 people, many of whom were new to the 7 defendants. An enormous thank you to everyone who came out to support!
Instead of granting an injunction, the judge decided to adjourn until Monday, August 10. Some of us didn’t sleep at all last night as we worked from 12 noon right through to 9am, preparing our legal defence in the form of affidavits. Despite our tiredness, our spirits remain strong among the company of so many amazing people, both with us in person and in spirit.
Continue reading…
We have retained Eric Gillespie as our lawyer, who is the best possible lawyer for us. In 2006 he represented the Kortright Hills Neighbourhood Association in their fight against the Hanlon Creek Business Park, when they took the City to the Ontario Municipal Board. So he knows more than any other lawyer about this issue, and believes in our cause. He is also very well known as the lawyer who fought Wal-Mart in Guelph for 9 years, which was an epic battle which ultimately resulted in Wal-Mart coming to Guelph.
Here’s the rundown:
The City was pushing for an ‘all or nothing’ package where they wanted us to:
leave the construction site and move to their designated ‘protest pen’
remove all structures
allow the filling in of all trenches, the repair of the silt fencing (which was improperly installed in the first place), and allow the re-staking of survey stakes which unknown individuals removed,
and allow all contractors to continue work, except for heavy machinery.
Our lawyer argued that that would be essentially the same as the injunction. So instead, we got the judge to agree to let us stay right where we are, and keep all our structures! There are a few concessions however: we cannot have more than 30 people on site (as well as 5 from the media), and that can only include people who have already been at the site for at least 24 hours. We must allow the re-staking of survey stakes and the repair of the silt fencing, and we cannot build any new structures. We also must put a string around the main area where are occupying (the judge laughingly suggested some green hemp rope – she was in a good mood).
Despite those concessions, we are extremely excited that the occupiers are allowed to stay in place and keep all the structures, when the City wanted to move everyone to their ‘protest pen,’ which very few people felt would be a dignified move.
So in short, this is a huge victory, and nearly unprecedented in Canada for the Defendants of an injunction to be allowed to stay in place while the case is adjourned. The plus to that is that this case law is now available to support other such land defence actions!
A very important thing is that we have 6 more days to prepare our legal defence. In effect the judge has nearly doubled the length of the occupation.
Another thing is that at first the judge was concerned for our ‘health and safety.’ But we feel we impressed her with descriptions of the facilities on site, namely our composting toilet, handwashing station, first aid tent with medics and herbalists, our kitchen complete with a double kitchen sink, our quite large shade structure that helps prevent sun stroke, and our well-established cooking area made of bricks and a grill.
Bizarrely, the judge appeared to favour our occupation and respect us for standing up for our beliefs. We left jubilant and focused on the tasks ahead.
On a closing note… We need to do some serious fundraising. We hope we can count on some of our supporters for help. Basically Eric is cutting us a big deal, but we will still need to raise about $6000. We feel this is not only achievable, but worth it. Essentially, for the costs so far of $1500, we have temporarily beat an injunction – that is relatively unheard of and is a very good sign!
If you are able to donate any money at all, we would greatly appreciate it. Cheques can be mailed directly to:
Eric K. Gillespie Professional Corporation
10 King St. East, Suite 600, Toronto Ontario, Canada, M5C 1C3.
Cheques can be written out to ‘Eric K. Gillespie Professional Corporation’. If you can also email us at hcbpoccupation@gmail.com to let us know the amount you’re sending, that’ll help us determine things on our end.
A great big thank you to everyone who came out! We really cannot thank you enough. Let’s keep this going! Thank you also to the blue heron, the near-full moon, the Hanlon Creek, the ancient Black Cherry trees, and the land that supports us. Our lives would be impoverished without you.
Great news!
We’re stoked to hear the good news! We’ve all been thinking of you, and checking this site often. We’re so happy you’re not letting the city’s intimidation tactics scare you. give em hell!
ps. we’ll try to call soon…
What a victory. Great job guys. Keep up the good work.
Well done everyone! Best of luck in the coming week:)
Way to go! I’m so proud of all of you for sticking this out and keeping the fight!
Please keep helping to protect our natural resources!
Much love and peace to you all and hoping for more positive court results!
This is amazing!!! Congrats on this tactical victory. I was wondering should folks still be writing letters to submit to the judge? Keep on keeping on, I feel like the momentum is with you all.
Wow!
congrats guys! i wish i had another way out to guelph. keep going keep growing
Hi Land Defenders,
I was at the court house yesterday and listened with amazement as the judge allow you to continue occupation with little restrictions. I also heard her say twice that she would not be the presiding judge for the next court date. Gather all the support you can from around from the country, indeed the world…the next round will be more challenging. I wish you well, and recognize the value of what you are doing.
June
To all of the supporters, have you thought about the costs associated with the so called victory. Because the City will have to continue to pay for the construction that isn’t occuring, and the court costs caused from this occupation, and when I say the ‘City’ will have to pay, I mean it’s citizens, maybe not directly, but definitely in the form of reduced services, programs and infrastructure. So when you can’t take your kids to the park because it’s filled with garbage because they had to cut back on maintenance, remember that at least you temporarily helped save a salamander.
Well, guelph tax payer, may be you should think about what life would be like with no natural spaces. A small amount of taxes cannot replace a necessary ecosystem and healthy water table. Perhaps also the city should think about its spending practices, and its outright support for ecological destruction. Perhaps citizens would be better to manage our own afairs. Perhaps we don’t need a “city” anymore at all. Without landbases we are doomed, so it is about time to stand up for them.
Merveilleux!.
<3 Much Love and Supoort <3
:D
Well, Guelph Taxpayer,
I do respect your concerns, but have you thought about how expensive this project will be do develop? Tons and tons of fill required, completely new infrastructure installed, roads, etc.
This seems a waste of our money, when existing brownfields could be used, which are already serviced by roads, sewers, electricity, etc. As well, they are closer to our homes which would reduce pollution from driving. In case you haven’t noticed, gas is getting more expensive all the time; you could save a lot of driving if you lived nearer work.
Empty brownfields, Southgate with no tenants – who do they think will locate here? You will not like paying taxes to pay for land that no-one will use for ten years.
Worst of all, the proposed development does not protect our drinking water, in spite of the Mayor’s babble; one truck spills on that road and our water is poisoned.
You won’t be able to buy water either – our bottled water comes from here – Nestle takes our water out of the ground, puts in in a bottle, and sells it back to us for very high profit.
So what are you going to tell your kid when she can’t drink from the tap? Or you can’t afford to drive to work?
The City has not once offered to alter the plan in any way, or to think about relocating it, in spite of loud public outcry. Not very democratic. I don’t think the protestors are against development; just stupid development.
Yes!
Great job!
I must admit, you guys had me fooled.
You were calling yourselves ‘The Defenders of the Land’ and I was really starting to think that you meant what you were saying. Until I looked a little deeper and found this: http://www.digitaljournal.com/img/3/6/0/2/1/4/i/5/4/7/o/protester_manning_roadside_blockade_july_31.jpg
That’s ‘Land Defender’ sitting beside his case of BOTTLED WATER!
‘Defenders of the Land’ my butt… ‘Hypocrites with no Shame’ is more like it.
goodness gracious, such a big deal made of bottled water… supporters drop by from all over guelph and beyond, and yes, some drop off bottled water. would we refuse the gift?
it’s not worth making such a huge deal out of such a little thing. these people have shut down construction for almost two weeks now, a reprieve that beautiful creek would not have known if it were not for brave souls.
Cool site, love the info.