680News:Occupy movement becomes legal battle over hierarchy of rights

Occupy movement becomes legal battle over hierarchy of rights

John Stall and 680News staff Nov 16, 2011 07:32:18 AM

TORONTO, Ont. - In a nutshell, Justice David Brown will rule by Saturday which set of rights should prevail, the right of municipalities to enforce bylaws, or the constitutional rights of occupiers to freely assemble and express themselves.

This right is considered a fundamental plank of the Charter of Rights and Freedoms, which grants and protects all Canadians a number of basic rights and freedoms.

Susan Ursel, acting council for the Occupy Toronto movement, was able to convince court yesterday that charter rights were being tested by the eviction notices.

The lawyer says she will provide further evidence to the judge on Friday.

"I'm going to argue what I argued today, but I'm going to give him a lot more cases and a lot more argument and a lot more evidence, so that I hope I can persuade him that the right thing to do will be to allow the encampment to stay," Ursel said.

City lawyers say they will also present their case for enforcing municipal bylaws, but no further action will be taken on the occupiers until the judge rules on Saturday.

Mayor Rob Ford said he'll follow the judges ruling.

"If that's what the judge said, then that's what the judge said." Ford said. "We'll see you Saturday morning and we'll take it from there."

Meanwhile, up to 13 city councillors have signed a letter directed at the mayor, requesting no further action be taken until the council meets on Nov. 29.

via m.680news.com