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Pipeline protest group challenges City of Burnaby eviction order

Group may take legal action to protect camp
Camp cloud
Camp Cloud. File photo

A Trans Mountain pipeline protest group on Burnaby Mountain is fighting back against the City of Burnaby’s plans to dismantle its campsite and remove the occupants.

The City of Burnaby issued an eviction notice Wednesday, ordering the group to remove all structures and trailers, and to put out the ceremonial fires and remove a shower.

According to a source at the camp, the group is considering legal options it can use to oppose the eviction order. No further details were given.

But in a post on Camp Cloud’s Facebook page Friday, the group asked the city to respect Coast Salish law and their right to protest under Canada’s constitution. They also pointed to a section in the B.C. Supreme Court injunction – which created a five-metre buffer zone around the Trans Mountain terminals in Burnaby where protesters can be arrested – that states the two protest camps on Burnaby Mountain are allowed to remain.

“The structures at Camp Cloud function to support our water protection efforts, and they can be modified to address the concerns raised by Lambert Chu, the City of Burnaby’s Manager. However, 72 hours is an unreasonable demand,” reads the statement. “This eviction notice was wrongfully issued without adequate consideration of the B.C. Supreme Court or talking to Camp Cloud in good faith. It is an uncivil act of colonialism against Indigenous cultural resurgence.”

The group has a meeting scheduled with City Manager Lambert Chu on Monday, but, according to Chu, there’s no guarantee the city will put a hold on its plans to enforce the eviction notice Saturday.

Chu said the city is still considering what legal options it can take in light of the court injunction.

In general, he said the city has the authority to remove illegal structures or illegally parked vehicles on city property.

“Standard practice, in terms of notice of eviction, is we give a period of time for occupants to remove any belongings,” he told the NOW. “If the occupants fail to comply with the bylaws, the city will move in and remove the materials.

“We don’t want to be heavy handed. We just want to work with them toward compliance of the city bylaw. That is what we’re working towards.”

Mayor Derek Corrigan told the NOW earlier this week that the city was getting ready to crack down on the camp because they had not complied with informal requests to follow the city’s bylaws, and a fire ban.

In May, Corrigan acknowledged the right for the group to protest, with some restrictions.

“On the other hand, the courts have recognized in the Kinder Morgan injunction that there is a right to protest … they’ve protected the Camp Cloud site, and the watch house site,” he told the NOW. “We’re respecting that order, but we want to contain it and restrain it, make sure that it doesn’t go beyond what was authorized by the court.”

- With files from Kelvin Gawley