The Corporation of the City of Victoria v. Thompson

The Corporation of the City of Victoria v. Thompson

Applying the RJR‑MacDonald framework the court found a serious issue to be tried on the Charter challenge but concluded the petitioner demonstrated irreparable harm and that the balance of convenience favoured the City given its statutory mandate to allocate public park space and the public interest; accordingly an interlocutory injunction was granted requiring the encampment to vacate Centennial Square by November 19, 2011 at 7:00 a.m., with no enforcement clause ordered at this time.

Citation
2011 BCSC 1810
Parties
Petitioner: The Corporation of the City of Victoria; Respondent: Jason Thompson; Respondent: Frederic Rousseau; Respondent: John Doe; Respondent: Jane Doe; Respondent: Anushka Nagji; Respondent: John Pettitt
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 November 2011
Procedural Posture
Bylaw Enforcement Application for Interlocutory Injunction / In Chambers Application for Interlocutory Injunction Pending Petition
Outcome
Interlocutory injunction granted in favour of the petitioner
Legal Topics
Charter S.2(b) Freedom of Expression, Statutorily Based Injunctions, Parks Regulation and Public Space Use, Balance of Convenience, Public Protest/occupy Encampment
Source Language
English
Constitutional Law Administrative Law Municipal Law Civil Procedure Charter S.2(b) Freedom of Expression Statutorily Based Injunctions Parks Regulation and Public Space Use Balance of Convenience +1 more

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Parties

The Corporation of the City of Victoria

Petitioner

Jason Thompson

Respondent

Frederic Rousseau

Respondent

John Doe

Respondent

Jane Doe

Respondent

Anushka Nagji

Respondent

John Pettitt

Respondent

Procedural Posture

Bylaw Enforcement Application for Interlocutory Injunction / In Chambers Application for Interlocutory Injunction Pending Petition

Legal Issues

  1. 1 Whether an interlocutory injunction should issue to enforce the City's Parks Regulation Bylaw
  2. 2 Whether the bylaw infringes respondents' s.2(b) Charter right to freedom of expression
  3. 3 Whether any infringement could be justified under s.1 of the Charter at the interlocutory stage

Ratio Decidendi

Applying the RJR‑MacDonald framework the court found a serious issue to be tried on the Charter challenge but concluded the petitioner demonstrated irreparable harm and that the balance of convenience favoured the City given its statutory mandate to allocate public park space and the public interest; accordingly an interlocutory injunction was granted requiring the encampment to vacate Centennial Square by November 19, 2011 at 7:00 a.m., with no enforcement clause ordered at this time.

Court Disposition

Interlocutory injunction granted in favour of the petitioner

Orders

  • Respondents are ordered to vacate Centennial Square by Saturday, November 19, 2011 at 7:00 a.m.
  • An interlocutory injunction restraining the erection, placing, maintaining or occupying of tents, structures or other objects in Centennial Square is granted pending the determination of the petition