[news] Pivot news: Woodwards Protestors win in Supreme Court

[resist at resist.ca]

----- Original Message ----- 
From: Pivot Legal Society 
To: list at pivotlegal.org 
Sent: Thursday, November 07, 2002 5:02 PM
Subject: Pivot news: Woodwards Protestors win in Supreme Court


Press Release 
For Immediate Release November 7, 2002


BC Housing Corporation ordered to pay costs after dropping 
contempt proceedings against Woodwards Protestors


Justice Janice Dillon of the B.C. Supreme Court today ordered the Provincial Rental Housing Corporation, which owns the historic Woodwards building, to pay legal costs to counsel for the Woodwards protestors and the protestors themselves after the Housing Corporation abruptly decided to discontinue contempt proceedings against the 54 defendants.  The "Woodwards 54" had been charged with contempt of court after occupying the vacant Woodwards building, as part of a protest for housing for the many homeless people in Vancouver's Downtown Eastside.  

The Woodwards defendants cheered when Justice Dillon handed down her judgment, which ordered the Housing Corporation pay $100 to each person who appeared in court as well as the legal costs of the three pro bono lawyers that appeared on their behalf.  The discontinuance ended seven weeks of anxiety and uncertainty on the part of the protestors, whose legal defence committee has been desperately raising money to pay for lawyers after the Legal Services Society refused to provide funding for legal counsel.  

"This is a victory for social housing, and a victory for poor and marginalized people," said Calvin Woida, an organizer with the Woodwards Legal Defence Committee and one on of the 54 defendants, "But we cannot be complacent.  We will not stop fighting until everyone has a home."

The decision to discontinue the proceedings followed unsuccessful eleventh hour negotiations between the Housing Corporation and the Ministry of the Attorney General, whom the Housing Corporation had asked to take over the proceedings by filing criminal contempt charges against the protestors.  Robert Kuhn, who appeared on behalf of the Housing Corporation, stated that the Corporation was unwilling to proceed independently to prosecute the people that the Corporation was legally mandated to serve.

"I believe today's decision has renewed the faith of many poor people in the judicial process," said Pivot Legal Society lawyer John Richardson, who represented a number of the protestors, "And it is a lesson to government bodies that use injunctions to silence and punish people who raise legitimate political issues." 

Pivot lawyers John Richardson and Noah Quastel were joined by well-known lawyer Cameron Ward in arguing that costs should be awarded against the Housing Corporation for failing to properly serve materials and documents, and by failing to provide adequate notice of their intention to discontinue the proceeding.  In awarding costs, Justice Dillon rejected arguments from the Housing Corporation that such an award would be unprecedented.  Dillon found that it is a normal rule of civil procedure that a party who discontinues should be liable for the legal costs incurred by those called on to defend against it  even when the reasons for discontinuing are political, rather than legal.

The City of Vancouver is going to Supreme Court on November 19 and 20 to seek an injunction and financial compensation from the protestors camped on the sidewalk outside the Woodwards building.

For more information, contact:
Calvin Woida: (604) 879-0017
John Richardson: (604) 742-1843

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interests of the most marginalized persons in society, 
in particular illegal drug users and sex trade workers, 
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