Below is the text of an email I received Sunday, Nov. 13th from David Hendsbee. I wrote to him on the 12th after the events of the 11th.
I believe that there are at many factual errors in his response.
I have my own eyes to observe 1) there WAS brute force used on the protesters, I witnessed it myself, (there are a myriad of sites with video and photos - I will try to add some when I have more time.)
2) they were not given enough time to plan to go elsewhere or re-locate. When I got there at 12:45 (app), tents had already been taken down, by police; and 3) a suggestion that occupiers had been "bought off" -- all I can say is -- "I wish" and I doubt it - they certainly got some financial and other support - I took food (hot baked potatoes) and winter jackets down there. . . but I don't think I was "buying them off. . . !
4) last night, just after the 5:00pm update on 95.7, Mayor Kelly said that there was "definitely a vote, at an in camera meeting - and any councillor that says otherwise could have been out of the room - but that there was a vote. . . Hendsbee says that there was not. . . that councillors, he says, were simply "informed" that there would be an "enforcement".
5) Mayor Kelly also said last night, on 95.7FM that they Occupy were not told that they could not return but that they were not told that they could. Hendsbee says that they were told that they could NOT return. I cannot find any evidence of this in the media, as he suggests.
and I'll just quickly add an objection to a sixth - "their indebtedness to the unions that have co- opted this movement for their own means to rally against the private sector." I have not seen a "rally against the private sector" - even Jim Stanford (CAW Economist) does not deny that "we need a market". Auto workers and ship builders rely on the private sector for their good union jobs - why would they "rally against the private sector".
text below is all from an un-altered email from David Hendsbee received by me on Nov. 13th.
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Margaret Anne - HRM Council did NOT vote to pass nor enact a new bylaw. The Parks Bylaw P-600 has been on the books since May 1999 and only amended twice since then in 2003 & 2006. We were just advised that it was going to be enforced.
The Occupiers camping is in violation of section 8 subsection 1 & 2. When the protest first started we needed clarification of whether or not the Grand Parade is considered 'parkland'. That legal clarification was sought and later confirmed. We offer them ( with municipal permission ) an alternative site of the Commons but they refused. HRM wanted a peaceful relocation prior to Remembrance Day ceremonies to ensure that event went off as planned and uninterrupted. And the Occupiers were also told that they were not welcome back afterwards. That was well reported in the madia too. The Grand Parade is needed for 4 more civic events in the next few weeks : Holiday Parade of Lights, HRM Xmas tree Lighting, the Menorah Candles / Hanukkah festival of Lights, and the New Years Eve celebration. So why should we allow illegal encampments that will dispel other public events that are intended for the greater enjoyment of the general citizenry.? Who is trampling upon whose rights and freedoms ?
After the Remembrance Day service was over, HRM officials provided notice to the occupiers that they are in violation of the Parks bylaw. After the service of the notice, police met with the protesters and asked them to start making preparations to leave. After several hours, HRM saw no effort on their part to start taking down tents. We had sincerely hoped they would abide by the bylaw. Unfortunately, some chose not to comply which required police to begin dismantling and removing the tents. Initially things were going quite well and a number of people took down their tents and left. A small group of people, however, attempted to prevent police from taking the tents down. In the end, 14 people (12 men and 2 women) were arrested for obstruction of justice. Brute Force was not used.
Halifax Regional Police has received over 50 public complaints of every nature regarding the protesters, including noise complaints, drug use, minor assaults, medical emergencies, aggressive and threatening behaviour, and defecating in the bushes. In the last week, we’ve had other citizens refused access to Victoria Park, including a woman in a wheelchair who wasn’t allowed to pass through, another woman who was spat on, and a family who wasn’t allowed to bicycle in the park. That type of conduct is also in violation of the Park Bylaw P-600 Section 3 - subsection 1 (a), (b), and (d). HRM staff cleaned up the garbage left behind by the protesters which is another violation under section 7 . HRM is not infringing on their charter rights. They still have the right to assemble, to demonstrate and to protest at will. However, they do not have the right to camp on municipal public park property unless otherwise designated as a 'campground' or duly granted permission to do so.
May I ask you why don't they - the Occupy NS take up residency on the south lawn of Province House ?. Be at the statute of Joe Howe who won the right of speech and Freedom of the press from his infamous libel case. Also the HRM Parks Bylaw does not apply to provincial property. Take the protest to the level of government that has the direct ability to address corporate greed through taxation and regulations. Also they can address social injustice through welfare reforrn, income assistance, wage parity, rent controls, etc. Etc.
Perhaps the Occupiers have been bought off and lost their moral justice to be a true voice of reform due their indebtedness to the unions that have co- opted this movement for their own means to rally against the private sector. And as you know Democracy is not always pretty or perfect. We still have the rule of law to that needs to be observed too. Best regards - David
I believe that there are at many factual errors in his response.
I have my own eyes to observe 1) there WAS brute force used on the protesters, I witnessed it myself, (there are a myriad of sites with video and photos - I will try to add some when I have more time.)
2) they were not given enough time to plan to go elsewhere or re-locate. When I got there at 12:45 (app), tents had already been taken down, by police; and 3) a suggestion that occupiers had been "bought off" -- all I can say is -- "I wish" and I doubt it - they certainly got some financial and other support - I took food (hot baked potatoes) and winter jackets down there. . . but I don't think I was "buying them off. . . !
4) last night, just after the 5:00pm update on 95.7, Mayor Kelly said that there was "definitely a vote, at an in camera meeting - and any councillor that says otherwise could have been out of the room - but that there was a vote. . . Hendsbee says that there was not. . . that councillors, he says, were simply "informed" that there would be an "enforcement".
5) Mayor Kelly also said last night, on 95.7FM that they Occupy were not told that they could not return but that they were not told that they could. Hendsbee says that they were told that they could NOT return. I cannot find any evidence of this in the media, as he suggests.
and I'll just quickly add an objection to a sixth - "their indebtedness to the unions that have co- opted this movement for their own means to rally against the private sector." I have not seen a "rally against the private sector" - even Jim Stanford (CAW Economist) does not deny that "we need a market". Auto workers and ship builders rely on the private sector for their good union jobs - why would they "rally against the private sector".
text below is all from an un-altered email from David Hendsbee received by me on Nov. 13th.
________________________________________________________________________________
Margaret Anne - HRM Council did NOT vote to pass nor enact a new bylaw. The Parks Bylaw P-600 has been on the books since May 1999 and only amended twice since then in 2003 & 2006. We were just advised that it was going to be enforced.
The Occupiers camping is in violation of section 8 subsection 1 & 2. When the protest first started we needed clarification of whether or not the Grand Parade is considered 'parkland'. That legal clarification was sought and later confirmed. We offer them ( with municipal permission ) an alternative site of the Commons but they refused. HRM wanted a peaceful relocation prior to Remembrance Day ceremonies to ensure that event went off as planned and uninterrupted. And the Occupiers were also told that they were not welcome back afterwards. That was well reported in the madia too. The Grand Parade is needed for 4 more civic events in the next few weeks : Holiday Parade of Lights, HRM Xmas tree Lighting, the Menorah Candles / Hanukkah festival of Lights, and the New Years Eve celebration. So why should we allow illegal encampments that will dispel other public events that are intended for the greater enjoyment of the general citizenry.? Who is trampling upon whose rights and freedoms ?
After the Remembrance Day service was over, HRM officials provided notice to the occupiers that they are in violation of the Parks bylaw. After the service of the notice, police met with the protesters and asked them to start making preparations to leave. After several hours, HRM saw no effort on their part to start taking down tents. We had sincerely hoped they would abide by the bylaw. Unfortunately, some chose not to comply which required police to begin dismantling and removing the tents. Initially things were going quite well and a number of people took down their tents and left. A small group of people, however, attempted to prevent police from taking the tents down. In the end, 14 people (12 men and 2 women) were arrested for obstruction of justice. Brute Force was not used.
Halifax Regional Police has received over 50 public complaints of every nature regarding the protesters, including noise complaints, drug use, minor assaults, medical emergencies, aggressive and threatening behaviour, and defecating in the bushes. In the last week, we’ve had other citizens refused access to Victoria Park, including a woman in a wheelchair who wasn’t allowed to pass through, another woman who was spat on, and a family who wasn’t allowed to bicycle in the park. That type of conduct is also in violation of the Park Bylaw P-600 Section 3 - subsection 1 (a), (b), and (d). HRM staff cleaned up the garbage left behind by the protesters which is another violation under section 7 . HRM is not infringing on their charter rights. They still have the right to assemble, to demonstrate and to protest at will. However, they do not have the right to camp on municipal public park property unless otherwise designated as a 'campground' or duly granted permission to do so.
May I ask you why don't they - the Occupy NS take up residency on the south lawn of Province House ?. Be at the statute of Joe Howe who won the right of speech and Freedom of the press from his infamous libel case. Also the HRM Parks Bylaw does not apply to provincial property. Take the protest to the level of government that has the direct ability to address corporate greed through taxation and regulations. Also they can address social injustice through welfare reforrn, income assistance, wage parity, rent controls, etc. Etc.
Perhaps the Occupiers have been bought off and lost their moral justice to be a true voice of reform due their indebtedness to the unions that have co- opted this movement for their own means to rally against the private sector. And as you know Democracy is not always pretty or perfect. We still have the rule of law to that needs to be observed too. Best regards - David
