Media Reports on Arrests

Four arrested after camping in downtown square
Election candidates, homeless activist refused to leave after 7 a.m. deadline

Joanne Hatherly, and Bill Cleverley
Times Colonist

Saturday, November 01, 2008

Three municipal-election candidates and a noted right-to-sleep activist were arrested at Victoria City Hall's Centennial Square yesterday morning after camping overnight and refusing to remove their belongings.

Victoria mayoral candidate Kristen Woodruff, of no fixed address, and council candidates Jonathan Le Drew, of Saltspring Island, and Tavis Dodds, of no fixed address were arrested, along with homeless activist David Johnston.

Sgt. Grant Hamilton of Victoria police said night duty officers reported a tent had been erected by campers in the square.

Police gave the campers several warnings to remove their belongings from the site, but the campers ignored them, Hamilton said. At about 9 a.m., 13 officers arrested the four for contravening the city's new bylaw enforcement policy that states overnight campers can only erect shelters between 9 p.m. and 7 a.m.

The city hastily drafted the new policy after the B.C. Supreme Court ruled that it is unconstitutional to prohibit the homeless from protecting themselves from the elements by erecting an overhead shelter as long as there are an insufficient number of shelter beds available to them.

Hamilton says the group co-operated with the arrest.

Woodruff said she had no choice but to be arrested.

"I was inspired to set up camp on the lawn in front of city hall because I felt I had explored all the other avenues to try to encourage the city to conform to the spirit of the judge's ruling," Woodruff said.

Johnston was arrested for breaching a court order that states he must obey the direction of any police officer enforcing any city bylaw. That court order stems from Johnston's Oct. 17 arrest, along with five others, for camping at Beacon Hill Park.

Woodruff was surprised at the size of the police presence.

"It was almost like a surreal number of officers. There were really just five people there. One of them left and the rest of us decided to get arrested," she said.

All were also issued $100 tickets for erecting a temporary structure without a permit and Woodruff, Dodds and Le Drew were charged with obstructing a police officer, Woodruff said.

"I endeavour to obey the law whenever my conscience permits. It's become a life-and-death scenario for a lot of people and I don't feel I had any choice but to take this stand," she said.

Woodruff was released with a promise to appear in court, while Dodds, Le Drew and Johnston are scheduled for a tele-bail hearing this morning.

Police have arrested Johnston repeatedly for overnight camping, notably on the grounds at St. Ann's Academy since 2004.

Although his sentences were initially light, he refused to abide by court-imposed conditions, such as to stay away from St. Ann's.

He then found himself drawing stiffer and stiffer jail sentences, ranging all the way up to 120 days for disobeying court orders. In custody Johnston always refused to eat, coming close on at least one occasion to threatening his own health.

This spring Johnston was found guilty of trespassing at the public library -- charges that arose because Johnston spent nights in the courtyard of the central downtown library in April and June last year.

In April of this year provincial court Judge Brian MacKenzie suspended the passing of sentence on Johnston, but issued a 90-day court order compelling him to stay away from the Victoria Central Library on Blanshard Street between 6 p.m. and 9 a.m.

Johnston indicated in court he would abide by the conditions.

Johnston renewed his overnight camping campaign this month after the recent court ruling.

Woodruff believes the legality of the bylaw enforcement policy to be questionable in light of the B.C. Supreme Court decision. She's asked council to reconsider having police enforce the new policy, which was drafted in response to the court decision.

Johnston has likened shelter beds to "internment camps" and has said he wouldn't sleep in them even if they were available.

jhatherly@tc.canwest.com

bcleverley@tc.canwest.com

© Times Colonist (Victoria) 2008