BC Supreme Court orders the removal of VIU pro-Palestine encampment
VIU stated that they have requested assistance from the RCMP to support the enforcement of the order if encampment participants remain at the close of 72 hours. Photo: Lauryn Mackenzie / CHLY 101.7fm
On day 106 of the VIU Palestine Solidarity Encampment at Vancouver Island University’s Nanaimo campus, the BC Supreme Court approved an injunction ordering the removal of the encampment.
The VIU encampment which is the last known pro-Palestinian campus encampment left standing in Canada has been given 72 hours starting at 9:30 a.m. on August 15 to leave its current location on campus.
Justice Michael Stephens delivered his decision on the civil case VIU filed. VIU filed this civil claim after the solidarity encampment refused to leave after receiving a trespass notice from the university stating they had to vacate by 8 a.m. July 15.
The judge ruled to allow an interim injunction for 150 days on the grassy quad area between the library, cafeteria and theatre where the encampment sits.
VIU stated in its notice of application that the encampment’s use of the area and its pallet barricade prevents members of the community from using the space for informal gatherings and recreational use. A statement from the encampment issued on August 11, notes that the grassy area used by the encampment is “often wet and a hub for bunny feces, [and] was not an area ever used.”
VIU also sought a court-mandated curfew for students coming to campus, excluding those coming and going from the student residence, from 11 p.m. to 7 a.m. The judge rejected this request.
As well, Judge Stephens rejected VIU’s request to allow police enforcement terms. This would have ordered the RCMP and any other police authority to remove and arrest any person who is knowingly breaking the injunction order.
VIU stated in their notice of application that an injunction is needed as “the police have thus far been unwilling to assist with the removal of the encampment without an injunction.”
The judge also moved for each party to bear their own expenses.
In the notice of application, VIU stated it has spent more than $870,000 on encampment-related matters since the start of it on May 1. It stated this cost will “lead to further staff layoffs, reduced services to students, and the potential reduction or loss of in-person academic programs on campus in the upcoming semesters.”
During the 2023-2024 school year, Vancouver Island University faced a deficit of $20 million dollars and accumulated an operating deficit of $46.9 million since the fiscal 2019-2020 academic year.
During the 2023-2024 school year, students, staff and community members saw cuts to many popular programs including the ElderCollege program and the closing of The High School at VIU. VIU also cut the Integrated Engineering Technologist Diploma, the Advanced Diploma in Geographic Information Systems Applications program–along with the Masters in Geographic Information Systems Applications program, and the much-beloved Bachelor of Music in Jazz Studies program.
In a statement from VIU posted on August 15, VIU stated they sincerely hope those in the encampment comply with the court order and vacate the quad before the court-imposed deadline.”
They also stated that VIU has requested assistance from the RCMP to support the enforcement of the order if encampment participants remain at the close of 72 hours.
They stated that while they respect and support the right to peaceful protest and diverse viewpoints, the court order will ensure that the campus quad is “returned to the entire community and prevents any individual group from occupying a shared space for extended periods to promote a single perspective.”
In a statement from the Palestine Solidarity Encampment following the results of the trial, they stated it is disappointing to see the university claim to support the freedom of expression but go to such lengths to restrict protests on their campus.
They stated that the outcomes from the trial were expected but VIU was only granted a narrow version of what they sought, and they describe it as “attempts to intimidate students.”
They also stated the hypocrisy of VIU claiming the campus as private property while also practicing reconciliation and they stated VIU “often emphasizes land acknowledgment, decolonization, and truth and reconciliation.”
The encampment further stated this shows the university’s position being “in line with colonial values” which they state “directly contradicts what the University and the government publicly set out to do in their decolonization efforts.”
In the statement, they stated that while the encampment trial proceeded over the last two weeks, anti-Palestinian hate and the conflict in Palestine were acknowledged in the BC Supreme Court and shown to a wider audience. They stated they view this as a positive outcome.
This is the second injunction made against a university pro-Palestine encampment after the Ontario Supreme Court granted the University of Toronto an injunction against an encampment back in July.
The encampment will have until Sunday, August 18 at 9:30 a.m. to vacate.
Funding Note: This story was produced with funding support from the Local Journalism Initiative, administered by the Community Radio Fund of Canada.