The Supreme Court of British Columbia has ruled that anti-Israel protestors at Vancouver Island University must dismantle their encampment.Tents and banners were set up at the Nanaimo institution over 100 days ago, and have outlasted all other school encampments in the country.In the ruling, handed down on Thursday, Justice Michael Stephens gave those involved 72 hours to "remove any and all structures, tents, encampments, barricades, fences, and items of personal property placed or created or imposed by them in any outdoor location at the Grassed Quad Area."Should they refuse to do so, the university has been given full authority to "remove, store, destroy, or otherwise dispose of" the aforementioned items, with protestors prohibited from intervening.To ensure they do not simply set up another encampment, Stephens ruled that the order will remain in effect for 150 days, well into the school year.In a statement, VIU applauded the ruling."We sincerely hope those in the encampment comply with the court order and vacate the quad before the court-imposed deadline," officials wrote. "We have requested the RCMP’s assistance to support VIU's enforcement of the order if participants remain after the court-ordered timeframe."VIU noted that it "remains dedicated to maintaining a safe and inclusive environment for all members of our community," and that while officials "respect and support the right to peaceful protest and diverse viewpoints, it was also important to ensure the campus was free for all."Today's court order ensures that the campus quad is returned to the entire community," the statement read, "and prevents any individual group from occupying a shared space for extended periods of time to promote a single perspective."The ruling was decried by the British Columbia Civil Liberties Association, which drew attention to the fact that Stephens had found that protestors' Charter rights did not prevent VIU from exercising its private property rights."Freedom of expression should be protected unless there is an exceptional justification for its restriction," Litigation Staff Counsel Ga Grant wrote in a statement. "Today, the court missed a critical opportunity to align the law with our Charter rights and values. While the door remains open for us to fight for an evolution of the law in the future, failure to apply these principles today continues to curtail the essential role of Charter rights in our legal landscape."
The Supreme Court of British Columbia has ruled that anti-Israel protestors at Vancouver Island University must dismantle their encampment.Tents and banners were set up at the Nanaimo institution over 100 days ago, and have outlasted all other school encampments in the country.In the ruling, handed down on Thursday, Justice Michael Stephens gave those involved 72 hours to "remove any and all structures, tents, encampments, barricades, fences, and items of personal property placed or created or imposed by them in any outdoor location at the Grassed Quad Area."Should they refuse to do so, the university has been given full authority to "remove, store, destroy, or otherwise dispose of" the aforementioned items, with protestors prohibited from intervening.To ensure they do not simply set up another encampment, Stephens ruled that the order will remain in effect for 150 days, well into the school year.In a statement, VIU applauded the ruling."We sincerely hope those in the encampment comply with the court order and vacate the quad before the court-imposed deadline," officials wrote. "We have requested the RCMP’s assistance to support VIU's enforcement of the order if participants remain after the court-ordered timeframe."VIU noted that it "remains dedicated to maintaining a safe and inclusive environment for all members of our community," and that while officials "respect and support the right to peaceful protest and diverse viewpoints, it was also important to ensure the campus was free for all."Today's court order ensures that the campus quad is returned to the entire community," the statement read, "and prevents any individual group from occupying a shared space for extended periods of time to promote a single perspective."The ruling was decried by the British Columbia Civil Liberties Association, which drew attention to the fact that Stephens had found that protestors' Charter rights did not prevent VIU from exercising its private property rights."Freedom of expression should be protected unless there is an exceptional justification for its restriction," Litigation Staff Counsel Ga Grant wrote in a statement. "Today, the court missed a critical opportunity to align the law with our Charter rights and values. While the door remains open for us to fight for an evolution of the law in the future, failure to apply these principles today continues to curtail the essential role of Charter rights in our legal landscape."
