Court orders protesters to take down UofT encampment
Global News
It also gives police the authority to arrest and remove anyone who knows about the order and contravenes it.
The injunction issued late Tuesday afternoon orders the protesters to take down tents and structures by 6 p.m. Wednesday and bars them from impeding access to university property, putting up new tents or structures, or using the site without permission between the hours of 11 p.m. and 7 a.m.
It also gives police the authority to arrest and remove anyone who knows about the order and contravenes it.
In his ruling, Ontario Superior Court Justice Markus Koehnen said that while there is no evidence the encampment participants have been violent or antisemitic, the demonstration has taken away the university’s ability to control what happens on the area known as King’s College Circle.
The case law is clear that this amounts to irreparable harm, the judge wrote.
“In our society, we have decided that the owner of property generally gets to decide what happens on the property,” Koehnen said.
“If the protesters can take that power for themselves by seizing front campus, there is nothing to stop a stronger group from coming and taking the space over from the current protesters. That leads to chaos.”
The protesters have controlled access to the area in a way that excludes those who disagree with it, as well as those who “simply want to use front campus as an attractive recreational space,” he added.
The judge said the harm to the university if the encampment is allowed to remain would be greater than the harm to the protesters if it is taken down, noting protesters will still be allowed to demonstrate in ways that don’t involve camping or staying overnight.