text:
Vancouver (City) v. O'Flynn-Magee,
Date: 20111201
Docket: S117498
Registry: Vancouver
City of Vancouver
Sean O'Flynn‑Magee,
Celina‑Marie Webber Hay, Mathew Kagis,
Betty Krawczyk, Ian Dakers, Telquaa‑Helen Michell, Tavis Dodds,
Jane Doe, John Doe, and Other Unknown Persons
Before: Associate Chief Justice MacKenzie
Reasons for Judgment
Counsel for the Plaintiff:
B. Parkin
& I. Dixon
Counsel for the Defendant,
Sean O'Flynn Magee:
J. Gratl
Counsel for the Defendant,
Celina-Marie Webber Hay:
M. McCubbin
Counsel for the Defendant,
Mathew Kagis
K.L. Campbell
B. Krawczyk
Appeared on her own behalf
I. Dakers
Appeared on his own behalf
T. Michell
Appeared on her own behalf
T. Dodds
Appeared on his own behalf
Place and Date of Hearing:
Vancouver, B.C.
November 18, 2011
Place and Date of Judgment:
Vancouver, B.C.
December 1, 2011
[1] On November 18, 2011, in a brief summary, I granted the interlocutory injunction sought by the City of Vancouver with written reasons to follow. These are those reasons.
[2] This is an application by the City of Vancouver (the "City") for a statutory interlocutory injunction requiring the defendants, and all others having notice of the order, to comply with provisions of the City of Vancouver, By-law No. 8735, A By-law to regulate city land (3 December 2009), (the "City Land Regulation By-law"), with respect to the area of land bordered by Georgia, Howe, Robson, and Hornby Streets (the "Art Gallery Lands").
[3] The City seeks an order prohibiting certain activities and for removal of structures, tents, and other objects that have been constructed or placed on the Art Gallery Lands by the defendants. The City is not seeking to enjoin lawful protest or assembly on the Art Gallery Lands.
[4] The defendants are part of the "Occupy Vancouver" protest movement which advocates for economic and political change. Beginning October 15, 2011, the defendants constructed, erected, maintained and occupied structures, tents and shelters on the Art Gallery Lands. The defendants do not have written permission from the City Manager for any activities on the Art Gallery Lands.
[5] On November 4, 2011, the City notified the defendants that construction and continued maintenance and use of the structures, tents and shelters on the Art Gallery Lands violate the City Land Regulation By-law. Furthermore, the Fire Chief of Vancouver issued a Fire Order to the defendants, pursuant to the City of Vancouver, By-law No. 8191, Fire By-law (2 May 2000), (the "Fire By-Law").
[6] The defendants did not comply with the City's Notice or the Fire Chief's Order. Mr. Johnston, the Chief Building Officer for the City, deposed that on November 6, 2011, he noticed people were building another structure on the Art Gallery Lands.
[7] On November 7, 2011, the City gave a second notice to the defendants that their tents and structures were in violation of the by-laws and must be removed. At that time, the City served the defendants with a notice of civil claim and a notice of this application.
[8] The City was granted short leave to bring this application for hearing on November 8, 2011. The matter continued on November, 9, 2011 when another defendant, Celina-Marie Webber Hay, was added to the proceedings. The court heard from Mr. Gratl, Mr. McCubbin and the City, as well as four other speakers, three of whom are members of Occupy Vancouver, and one of whom is a Chief of an aboriginal band. She gave submissions unsupported by evidence with respect to aboriginal rights.
[9] The court granted the defendants an adjournment to November 16, 2001 and also made an interim order requiring compliance with the Fire Chief's Order. On November 9, 2011, copies of the interim order were posted on the Art Gallery Lands.
[10] On November 10, 2011, the City gave a third notice that the tents and other structures on the Art Gallery Lands violated the City Land Regulation By-law and must be removed. This notice was posted on site and copies were hand delivered by Mr. Johnston.
[11] While members of Occupy Vancouver made some progress toward compliance with the interim fire order, the Fire Chief, John McKearney, deposed that on November 11, 2011 he observed a burning barrel on the site. The Fire Chief attended again on November 12, 2011 and found the lands were not in full compliance with the interim order.
[12] The Fire Chief supervised a fire crew on the lands to work toward compliance with the interim order. After four hours, the site was significantly improved. However, compliance with the interim order was not complete.
[13] On November 15, 2011, the Fire Chief and a fire crew made another effort to obtain compliance with the interim order. When the Fire Chief and crew completed their work, the area had improved, but it was still not in full compliance with the interim order.
[14] As of November 15, the defendants had not removed the structures, tents and shelters from the Art Gallery Lands.
[15] On November 16, 2011, Mathew Kagis, a medical volunteer at Occupy Vancouver represented by Ms. Campbell, was added as a defendant. Over the course of the proceedings, four unrepresented litigants, Telquaa-Helen Michell, Betty Krawczyk, Ian Dakers and Tavis Dodds, were added as defendants.
Statutory Provisions and By-Laws
[16] Pursuant to s. 185 (2) of the Vancouver Charter, S.B.C. 1953, c. 55, the City has the authority to regulate the use of and access to land owned or leased by the City.
[17] Section 185 of the Vancouver Charter reads:
185. Council to provide for upkeep of city property
185(1) The Council may from time to time make the necessary expenditures for the maintenance, upkeep, conservation, repair and improvement of any property of the city.
185(2) In addition to the proprietary rights of the city to control the use of its property, the Council may, by by-law, regulate the use of, or access to, any land owned or leased to the city.
[18] Pursuant to s. 334(1) of the Vancouver Charter, the City is granted the power to enforce its by-laws by bringing a proceeding and seeking an injunction in BC Supreme Court. Section 334(1) reads:
334 . Civil proceedings by city
334(1) A by-law of the Council or of the Board of Parks and Recreation may be enforced, and the contravention of such a by-law may be restrained, by the Supreme Court in a proceeding brought by the city or by the Board of Parks and Recreation, as the case may be.
[19] The City enacted the City Land Regulation By-law. Section 3 of the City Land Regulation By-law reads:
3. A person must not, without the prior written consent of the manager:
(a) cut, break, injure, damage, or destroy any tree, shrub, plant, turf, or flower on city land;
(b) remove any rock, soil, tree, shrub, plant, turf, or flower from city land;
(c) deposit any garbage, refuse, litter, or other waste material on city land, except in containers provided by the city for that purpose;
(d) construct, erect, place, deposit, maintain, occupy, or cause to be constructed, erected, placed, deposited, maintained or occupied, any structure, tent, shelter, object, substance, or thing on city land; or
(e) light any fires or burn any material on city land.
[20] Section 4 of the Trespass Act, R.S.B.C. 1996, c. 462, prohibits activities by a person after that person has received notice from the occupier of lands that the activities are prohibited. Section 4 of the Trespass Act reads:
Trespass prohibited
4 (1) Subject to section 4.1, a person commits an offence if the person does any of the following:
(a) enters premises that are enclosed land;
(b) enters premises after the person has had notice from an occupier of the premises or an authorized person that the entry is prohibited;
(c) engages in activity on or in premises after the person has had notice from an occupier of the premises or an authorized person that the activity is prohibited
(2) A person found on or in premises that are enclosed land is presumed not to have the consent of an occupier or an authorized person to be there.
3) Subject to section 4.1, a person who has been directed, either orally or in writing, by an occupier of premises or an authorized person to
(a) leave the premises, or
(b) stop engaging in an activity on or in the premises,
commits an offence if the person
(c) does not leave the premises or stop the activity, as applicable, as soon as practicable after receiving the direction, or
(d) re-enters the premises or resumes the activity on or in the premises.
Defences to trespass
4.1 A person may not be convicted of an offence under section 4 in relation to premises if the person's action or inaction, as applicable to the offence, was with
(a) the consent of an occupier of the premises or an authorized person,
(b) other lawful authority, or
(c) colour of right.
The Appropriate Test
[21] There is an issue about which test applies on this application for an interlocutory statutory injunction, the test from Maple Ridge (District) v. Thornhill Aggregates Ltd., 54 B.C.L.R. (3d) 155, and Vancouver (City) v. Maurice, 2002 BCSC 1421, (affirmed on other grounds, 2005 BCCA 37), or the test from RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 111 D.L.R. (4th) 385 (S.C.C.). The case law is somewhat confusing. On the one hand, Pitfield J. said in Vancouver Board of Parks and Recreation v. Mickelson, 2003 BCSC 1271, that the test from In Re Attorney-General of Manitoba v. Metropolitan Stores (MTS) Ltd. et al. (1987), 38 D.L.R. (4th) 321 (S.C.C.) (which is the same test found in RJR- MacDonald) applies where Charter challenges would be made to the by-law or other legislation.
[22] In British Columbia (Minister of Forests) v. Okanagan Indian Band, 2000 BCCA 315, the court held that where there are complex issues of fact and law, they are best resolved at a trial on the merits. Charter arguments have complex factual foundations, and it is difficult to distinguish Charter arguments from other difficult factual and legal arguments.
[23] Lowry J., in Maurice (S.C.) said that Charter rights were "engaged" by the defendants in that case, but nonetheless applied the test from Thornhill. This approach was implicitly upheld by the Court of Appeal, which heard an appeal on procedural issues only, but approved the approach taken by Lowry J., (2005 BCCA 37). The defendants in that case were not seeking to have the by-law declared unconstitutional. Similarly in this case, the defendants, while not challenging the validity of the by-law at this interlocutory stage, contended that Charter rights were relevant and engaged such that the by-law was "constitutionally suspect".
[24] Fortunately, in this case, it is unnecessary to resolve the interesting point as to which test is applied, whether the Maurice/Thornhill, or the RJR-MacDonald test because either way, this application for an interlocutory injunction must succeed.
[25] I will first discuss the test in Thornhill.
The Thornhill Test
[26] Although constitutional challenges and other complex arguments may be relevant to the dispute, at the interlocutory injunction stage, pending a trial on the merits, the public interest suggests that the statutory regime or status quo be maintained (R. v. Bernard, [2000] N.B.J. No. 138, para. 76; Okanagan Indian Band, para. 19).
[27] There is a difference in principle and rationale between an equitable interlocutory injunction and one that is based upon statutory authority. The rationale for not requiring the equitable injunction test where the party seeking the injunction is a municipality, or other elected body, is that when elected officials enact by-laws or other legislation, they are deemed to do so in the public interest at large (Toronto v. Polai (1969), 8 D.L.R. (3d) 689 (Ont. C.A.) at p. 697).
[28] Therefore, the irreparable harm and balance of convenience factors are pre-emptively satisfied in ensuring complying with law that is in the public interest (Thompson-Nicola (Regional District) v. Galbraith, [1998] B.C.J. No. 1436, para. 2). To the extent that the appellants may suffer hardship from the imposition and enforcement of an injunction, that will not outweigh the public interest in having the law obeyed (Thornhill, para 9).
[29] The appropriate test as set out in Thornhill was concisely explained by the Court of Appeal in Maurice at para. 34 as follows:
Contrary to the submissions made by the appellants, where a public authority, such as the City, turns to the courts to enforce an enactment, it seeks a statutory rather than an equitable remedy, and once a clear breach of an enactment is shown, the courts will refuse an injunction to restrain the continued breach only in exceptional circumstances: Maple Ridge (District) v. Thornhill Aggregates Ltd. (1998), 47 M.P.L.R. (2d) 249 (B.C.C.A.), and British Columbia (Minister of Forests) v. Okanagan Indian Band (2000), 187 D.L.R. (4th) 664 (B.C.C.A.).
[30] Thus, the onus is on the City to show that there has been a clear breach of the by-law. If it does, the court will grant the injunction unless there are exceptional circumstances that permit it to use its narrow discretion to deny it.
1. Has the City established a "clear breach" of the by-law in question; and if so,
2. Are there exceptional circumstances to justify the court's refusal of the injunction which is sought to restrain the continued breach?
3. Has the City established a trespass either at common law or under the Trespass Act?
General Position of the Defendants
[31] Before addressing the issues, I will briefly address the defendants' positions generally. Counsel for the defendants divided up the issues and essentially adopted each others' positions. Mr. McCubbin focused on homelessness and the effect of the by-law on his client's s. 7 Charter right to security of the person and s. 15 right to equality based on gender. Mr. Gratl concentrated on the by-law's impact on the freedom of expression and association rights of the members of Occupy Vancouver. Ms. Campbell represented Mr. Kagis, a volunteer medic who was chosen by the general assembly of Occupy Vancouver as its representative. She expanded on the arguments of both Mr. McCubbin and Mr. Gratl.
[32] Mr. McCubbin relied on affidavits of his client and others to describe the problem of homelessness in Vancouver with its insufficient shelter spaces and its dangerous conditions. He specifically addressed the challenges facing homeless women in Vancouver, pointing to reports that he claimed reflected a shortfall of approximately 500 shelter spaces in the city. He argued that women who do find shelter space face unsanitary conditions and the risk of theft, harassment, and assault. Mr. McCubbin claimed the by-law put his client's s. 7 and s. 15 rights at risk as the conditions in the shelters, if space could even be found, are far worse than at Occupy Vancouver's encampment.
[33] Mr. Gratl made extensive submissions on the nature of the Art Gallery Lands, the global Occupy movement, and the expressive nature of the structures at Occupy Vancouver. He noted the Art Gallery Lands have been used historically as an area of political and social protest and expression. He pointed to communications between Occupy Vancouver and the City, and between Occupy Vancouver and other groups to demonstrate that Occupy Vancouver has been trying to accommodate other groups who also wish to use the Art Gallery Lands.
[34] Mr. Gratl claimed the affidavit evidence refuted the City's claims about health and safety issues at the encampment.
[35] On the issue of expressive content, Mr. Gratl submitted that the tents and structures on the Art Gallery Lands were essential to the expressive nature of Occupy Vancouver's message. He relied on Weisfeld v. Canada (F.C.A.), [1995] 1 F.C. 68, for the proposition that expression is not limited to words as long as it conveys a meaning. Like the tents and structures in Weisfeld, Mr. Gratl argued that the tents and structures at Occupy Vancouver were part of, and facilitated, its expression.
[36] Ms. Campbell made further submissions refuting the health and safety concerns of the City and emphasizing the expressive content of Occupy Vancouver. She argued that to deny her client's individual expression through the provision of medical assistance to those encamped at the site would be to deny the message itself.
Issue 1: Has the City of Vancouver established a "clear breach" of the by-law in question?
[37] The City submits the evidence establishes the defendants breached and continue to breach the City Land Regulation By-law by construction and maintenance of structures, including tents, on the Art Gallery Lands without written permission from the City Manager.
[38] Mr. McCubbin and Ms. Campbell addressed the application of the test in Thornhill and Maurice, arguing that the City had not shown a clear breach of the by-law because it was essentially the same as the by-law declared inoperable in Victoria (City) v. Adams, 2009 BCCA 563 in indistinguishable circumstances.
[39] I find the City has indeed established a clear breach of s. 3(d) of the City Land Regulation By-law. The City exercised its authority to regulate city property pursuant to s. 185(2) of the Vancouver Charter by enacting the City Land Regulation By-law. The Art Gallery Lands are leased by the City from the Province of British Columbia. Therefore, the Art Gallery Lands are governed by the City Land Regulation By-law.
[40] From October 15, 2011, to November 15, 2011, the defendants maintained and occupied tents and other structures on the Art Gallery Lands. The defendants do not have the written consent of the City Manager for any activities on the Art Gallery Lands. The defendants were notified on several occasions their activities are in breach of the by-law. The breach of s. 3(d) of City Land Regulation By-law is clear.
[41] The defendants also raise a constitutional argument regarding the validity of the City Land Regulation By-law. The argument is based on Vancouver (City) v. Zhang, 2010 BCCA 450 and Adams. However, an interlocutory injunction application is not the appropriate time to address constitutional arguments (Okanagan Indian Band). Rather, constitutional arguments are properly examined at the trial of the matter to provide the parties sufficient time to prepare and to allow the Attorney General the opportunity to intervene pursuant to s. 8 (2) of the Constitutional Question Act, R.S.B.C. 1996, c. 68.
[42] Furthermore, even if a constitutional challenge to the by-law were appropriate at this stage, Adams and Zhang would not assist the defendants because both cases were decided on their own unique facts. The defendants here have urged an inappropriately broad interpretation of Adams. Adams only permitted temporary overnight shelter when the number of homeless people in Victoria exceeded the number of available shelter beds. Thus, it cannot be said that the decision in Adams supports an argument that the by-law in question in this case is "evidently unconstitutional" or "constitutionally suspect".
Issue 2: Are there exceptional circumstances so that this court should refuse the injunction sought to restrain the continued breach?
[43] The defendants argued that the court should exercise its narrow discretion to refuse the injunction. Mr. McCubbin relied on British Columbia (Minister of Environment, Lands & Parks) v. Alpha Manufacturing Inc. et al. (1997), 150 D.L.R. (4th) 193 (B.C.C.A.), where the court identified examples of circumstances that might be considered exceptional. He submitted that several examples from that list could apply here. These included the existence of an arguable issue as to the validity of the by-law.
[44] Finally, Mr. McCubbin contended that the risk of infringements of his client's Charter rights arising from an interlocutory injunction and its practical effects on his client's ability to prepare for trial on the merits are sufficient to constitute exceptional circumstances in this case.
[45] The City says the defendants' arguments clearly fall outside the scope of exceptional circumstances as defined in the case law.
[46] I agree with the City that there are no exceptional circumstances to justify a refusal of the statutory interlocutory injunction.
[47] In Alpha, the court provided a non-exhaustive list of the type of exceptional circumstances that might justify the refusal of an interlocutory injunction. The exceptional circumstances listed in Alpha, namely, the willingness of the defendants to refrain from the unlawful act, the fact there may not be a clear case of "flouting" the law because the defendant has ceased the primary unlawful activity, or the absence of proof that the activity carried on was related to the mischief the statute was designed to address, do not exist in the present case.
[48] Here, the evidence of "flouting" of the by-law is clear. The defendants have expressed their intention to continue their violation of the by-law and their activities are related to the mischief the City Land Regulation By-law is intended to address.
[49] Finally, although an interlocutory injunction may result in inconvenience to the defendants, personal hardship is not an exceptional circumstance (Maurice (BCSC), para. 19). Therefore, based on the evidence, there are no exceptional circumstances to justify the court's use of its narrow discretion to refuse an interlocutory statutory injunction where there is a clear breach of the by-law.
[50] Based on the above, I find the City has made out its case for an injunction.
[51] In the alternative, on application of the RJR-MacDonald test, which Pitfield J. in Mickelson said did apply where Charter arguments are raised on an application for an interlocutory injunction, for the following reasons, I would still grant the City's application.
RJR-MacDonald Test
[52] The RJR-MacDonald test consists of three questions: has the applicant demonstrated there is a fair question to be tried? Will the applicant suffer irreparable harm if an injunction is not granted? Does the balance of convenience favour the granting of an injunction? These are assessed from the perspective of the applicant. (Mickelson, para. 21).
Serious Question to be Tried
[53] The City says the application constitutes a serious question to be tried. Although two of the defendants conceded this point, Mr. Gratl argued that the City barely meets this threshold, if at all. He claimed that since the interim order addressed all the safety concerns of the City and that Adams and Zhang raise significant concerns as to the validity of the by-law, the City has not raised a sufficiently serious issue to justify granting the injunction.
[54] The constitutional validity of the by-law is not at issue when determining whether there is a fair question to be tried because it is not part of the applicant's case. This is a low threshold (Mickelson, para. 23; RJR-MacDonald, p. 402).
[55] The first stage of the test is easily met. The question of whether the defendants' activities breach s. 3(d) of the City Land Regulation By-law and justify an interlocutory injunction is a serious issue to be tried.
Irreparable Harm
[56] The City says it would suffer irreparable harm if the injunction were not granted. Specifically, the public would suffer irreparable harm in terms of access to, and use of, public space.
[57] As to irreparable harm to the City if the injunction were denied, Mr. McCubbin submitted that case law, including Mickelson, could not be relied upon in light of Adams and Zhang. In Mickelson, Pitfield J. found that denying the injunction would cause irreparable harm to the Parks Board as it could not be properly compensated in damages for the violation of the by-law.
[58] Mr. McCubbin urged that to grant the injunction would prevent a challenge to this by-law. Mr. Gratl said the mischief the by-law is meant to address would not be affected by denying the injunction because Occupy Vancouver does not pose a safety concern and is cooperating with other groups who may want to use the Art Gallery Lands.
[59] Ms. Campbell said there would be irreparable harm to the occupiers if an injunction were granted before the main issues were addressed.
[60] I agree with the City that as the representative of the public, it will suffer irreparable harm if the injunction is not granted. "Irreparable" refers to the nature of the harm suffered rather than its magnitude (RJR-MacDonald, p. 405). It is harm that cannot be readily compensated by an award of damages (Mickelson, para. 24). In the circumstances, an award of damages cannot properly compensate the public for the irreparable harm in terms of the use of public property.
Balance of Convenience
[61] The City says the balance of convenience clearly favours an injunction. The City argues there is a public interest in the enforcement of the City Land Regulation By-law as the by-law promotes several public interests, including the promotion of health and safety and open access to public space. The interlocutory injunction should be granted to allow the City to fulfill its obligation to regulate city lands for the benefit of the public.
[62] Mr. McCubbin said there was considerable doubt as to whether Charter rights were engaged in Mickelson, but that is no longer the case since the decision in Adams. He added that deterrence of further erection of structures was a factor in Mickelson, but since there has not been expansion of the Occupy Vancouver site in over a month, deterrence is not a factor here.
[63] As further considerations, Mr. McCubbin also pointed to the "suspect" constitutionality of the by-law, the deprivation to the public if this issue is not brought to trial, and the availability of solutions for the City if the injunction were denied.
[64] Mr. Gratl argued that political expression would disappear if the injunction were granted. He said the City's case consisted only of vague apprehensions and speculative concern. Ms. Campbell asked the court to consider the irreplaceable loss to Occupy Vancouver in granting the injunction.
[65] I agree the balance of convenience favours the City. The City has a right to regulate the use of its land, including the type and length of use of public lands. The defendants have chosen to protest at the Art Gallery Lands, but it is in the public interest to allow a variety of users access to public lands. Although Occupy Vancouver may not intend to exclude other groups, the very nature of its protest by the positioning of tents throughout the entire north plaza prevents others from using this public space.
[66] The City has an obligation to regulate city lands to maintain safety. It is liable for the activities which occur on city lands. Therefore, it must have control over those lands. There are significant health and safety concerns at the site. There have been drug overdoses, an assault of a police officer and other concerns.
[67] I cannot accept the defendants' argument that it is clear from Adams that the by-law at issue here is "evidently unconstitutional" or "constitutionally suspect". In Adams, the court did not strike down the by-law; rather it crafted an order that rendered certain provisions of the by-law inoperable in specific circumstances to allow for temporary shelter during the night hours only (Adams at para. 166).
Issue 3: Has the City established a trespass either at common law or under the Trespass Act?
[68] The City says that the defendants' continued occupation of the Art Gallery Lands constitutes trespass under both s. 4(3) of the Trespass Act and at common law. Trespass under s. 4(3) is established because the tents and structures contravene the City Land Regulation By-law of which the City has given the defendants notice.
[69] The City submits it has established trespass at common law because the City has a leasehold interest in the Art Gallery Lands. Therefore, the fact there is a serious question to be tried determines that the injunction should be granted (Cariboo-Chilcotin School v. Van Osch et al, 2004 BCSC 1827, leave to appeal refused 2004 BCCA 570).
[70] Mr. Gratl argued that s. 4(1) of the Trespass Act provides an exception to trespass where a person has lawful authority or colour of right to do what would otherwise constitute trespass. He submitted that the constitutionally suspect nature of the by-law and his client's right of freedom of expression should be sufficient to find lawful authority or colour of right under this section.
[71] The concept of a "constitutionally suspect" by-law in the circumstances is a dubious proposition. There is no legal basis to find that a "constitutionally suspect" by-law, even if it existed, could amount to a "colour of right" as defined in the Trespass Act. "Colour of right" is a right of property. It is not a defence based on Charter rights. I therefore agree with the City that the defendants are trespassing on the Art Gallery Lands under the Trespass Act and the common law.
[72] The City's application for an interlocutory injunction pursuant to s. 334 of the Vancouver Charter is granted. I also order the police enforcement clause because, as McLachlin J. (as she then was) observed in MacMillan Bloedel Ltd. v. Simpson, [1996] 2 S.C.R. 1048, at para. 41, the inclusion of police authorization ensures "that orders which may affect members of the public clearly spell out the consequences of non-compliance".
[73] I order that:
1. By 2:00 p.m. on Monday, November 21, 2011, the Defendants, and all other persons having knowledge of this Order remove all structures, tents, shelters, objects and things owned, constructed, maintained, placed or occupied by them which are located on the lands legally described as Block 51 District Lot 541 Plan 14423, Group l New Westminster District (the "Art Gallery Lands");
2. By 2:00 p.m. on Monday, November 21, 2011, the Defendants, and all other persons having knowledge of this Order cease constructing, placing, or maintaining structures, tents, shelters, objects and things upon the Art Gallery Lands, without having first obtained a permit or written consent;
3. By 2:00 p.m. on Monday, November 21, 2011, the Defendants, and all other persons having knowledge of this Order cease burning materials and setting fires on the Art Gallery Lands;
4. By 2:00 p.m. on Monday, November 21, 2011, the Defendants, and all other persons having knowledge of this Order cease depositing garbage, litter or refuse on the Art Gallery Lands;
5. By 2:00 p.m. on Monday, November 21, 2011, the Defendants, and all other persons having knowledge of this Order cease removing soil form the Art Gallery Lands;
6. By 2:00 p.m. on Monday. November 21, 2011, the Defendants, and all other persons having knowledge of this Order comply with any and all Fire Orders relating to the Art Gallery Lands issued by the Fire Chief pursuant to the City of Vancouver Fire By-law;
7. All employees or agents of the City are hereby authorized to remove all structures, tents, shelters, objects and things owned, constructed, maintained, placed or occupied by the Defendants which are located on the Art Gallery Lands, should the Defendants and all other persons having knowledge of this Order fail to comply with this Order;
8. Any police officer with the Vancouver Police Department or other municipal police force or R.C.M.P. is hereby authorized to arrest and remove from the Art Gallery Lands any person who the police officer has reasonable and probable grounds to believe is interfering with or obstructing, or is attempting to interfere with or obstruct, any employee or agent of the City of Vancouver who is seeking to remove any structures, tents, shelters, objects and things owned, constructed, maintained, placed or occupied by the Defendants which are located on the Art Gallery Lands;
9. Any police officer with the Vancouver Police Department or other municipal police force or R.C.M.P. is hereby authorized to arrest and remove from the Art Gallery Lands any person who the police officer has reasonable and probable grounds to believe is interfering with or obstructing, or is attempting to interfere with or obstruct, any defendant or person with notice of this Order who is seeking to remove all structures, tents, shelters, objects and things owned, constructed, maintained, placed or occupied by the Defendants from the Art Galley Lands;
10. Any police officer with the Vancouver Police Department or other municipal police force or R.C.M.P. is hereby authorized to arrest and remove from the Art Gallery Lands any person who the police officer has reasonable and probable grounds to believe is attempting to impede, obstruct or interfere with any person who is lawfully entitled to be present upon the Art Gallery Lands from being present thereon;
11. Any police officer with the Vancouver Police Department or other municipal police force or R.C.M.P. who arrests and removes any person from the Art Gallery Lands in accordance with this Order may release that person on receipt of a signed Undertaking by that person to not re-attend the Art Gallery Lands and to appear before this Court to have the alleged contempt of this Order dealt with by the Court;
12. This Order shall remain in force until this matter is tried, or until further Order of this Honourable Court;
13. This Order does not prohibit or limit the right of the Defendants, or any other persons, to lawfully assemble on the Art Gallery Lands;
14. Notice of this Order may be given to the Defendants by posting of this Order on the Art Gallery Lands; and
15. Approval of the form of the Order by unrepresented Defendants is hereby dispensed with.
"A. MacKenzie A.C.J."
Associate Chief Justice MacKenzie


text:
Watching a toddler fall into a zoo exhibit has to be one of the scariest things for a parent to experience. We all remember what happened to that toddler who fell into a wild dog exhibit last fall. They're not called wild animals for nothing. But one 3-year-old got lucky. A gorilla rescued a toddler who fell into its exhibit, cradling the boy and protecting it from the other gorillas. It even carried the boy to the door to make it easier for paramedics to take the toddler away.
Some people are calling it a miracle, but is it, really? I think we need to give primates a little credit for being nurturing, even of other species. We are, after all, very closely related. Primates have been known to help hurt and lost animals of other species before.
Still, I think this toddler is lucky this protective gorilla (maybe also a mother?) got to him first. Things could have turned out differently otherwise. I won't even ask how that toddler fell into the enclosure in the first place. Most parents know they need to be careful with their kids, but it just takes a split second of your attention being diverted for something awful to happen. Imagine the horror you would feel, watching your child fall not just from a great height (looks like the fall knocked the kid out), but into a gorilla exhibit!
Thank goodness these were gentle giants and the boy is safe and sound now.
Are you surprised that a gorilla would be protective of a human child just like a human mother would be?
must be a slow news day
This is old, but not surprising.
Gorillas only attack if they or their young are threatened. Even the males wouldn't attack a child.
gorillas are intelligent compassionate creatures.
No, we are not closely related to gorillas! We are humans made in the image and the likeness of Almighty God. Evolution is junk science. I can't believe people actually believe that evolution is even fathomable! We are not animals people!
I create a special savings account
I put a little away at a time
I cut corners until I can afford it
Save? Who has money to save?
I plan to put it on my credit card and love the benefits of the reward program

subset: commoncrawl


text:
I guess it alrady uses Timer 2 as the shield has the wires to the same pins and these pins are with timer 2 on the mega.
Afaik timer2 can't be set to 20kHz as they are very proud at pololu that they use the 16bit timer 1 for the high 20kHz.
Maybe I should try to configure timer 2 for higher frequencies?
Is also thought about programming the servo by myself instead of using the servo lib so that I could use my old Duemilanove (which works fine with 20kHz) instead of my brand new mega.
I could then map the speed of the brushless controller from 0 to 100 instead of the servo angle.


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Cleopatra posterCopyright by respective production studio and/or distributor. Intended for editorial use only.
Directed by: Cecil B. DeMille
Cast: Arthur Hohl, Edwin Maxwell, Irving Pichel, Joseph Schildkraut, C. Aubrey Smith, Henry Wilcoxon, Warren William
Links: Cleopatra movie stills, Lobby Cards


text:
Taylor Swift might need to make some more room on her already crowded awards' shelf! The 23-year-old "Red" singer just scored not one, not two, but SIX Country Music Award nominations! That's more than any other artist — aside from newcomer Kacey Musgraves.
So, which categories did she score noms in? Well, she's up for: Entertainer of the Year, Female Vocalist of the Year, and Album of the Year for Red. In addition to that, she's nominated for Music Video of the Year, Song of the Year, and Single of the Year for her song with Tim McGraw and Keith Urban, "Highway Don't Care." That's quite the mouthful!
See the full list of nominees below.
Entertainer of the Year
Jason Aldean
Luke Bryan
Blake Shelton
George Strait
Taylor Swift
Single of the Year
"Cruise" – Florida Georgia Line
"Highway Don't Care" – Tim McGraw with Taylor Swift and Keith Urban
"Mama's Broken Heart" – Miranda Lambert
"Merry Go 'Round" – Kacey Musgraves
"Wagon Wheel" – Darius Rucker
Album of the Year
"Based on a True Story" – Blake Shelton
"Blown Away" – Carrie Underwood
"Red" – Taylor Swift
"Same Trailer Different Park" – Kacey Musgraves
"Tornado" – Little Big Town
Song of the Year
"I Drive Your Truck" -Jessi Alexander, Connie Harrington, and Jimmy Yeary
"Mama's Broken Heart" – Brandy Clark, Shane McAnally, and Kacey Musgraves
"Merry Go 'Round" – Kacey Musgraves, Josh Osborne, and Shane McAnally
"Pontoon" – Natalie Hemby, Luke Laird, and Barry Dean
"Wagon Wheel" – Bob Dylan and Ketch Secor
Female Vocalist of the Year
Kelly Clarkson
Miranda Lambert
Kacey Musgraves
Taylor Swift
Carrie Underwood
Male Vocalist of the Year
Jason Aldean
Luke Bryan
Eric Church
Blake Shelton
Keith Urban
Vocal Group of the Year
Eli Young Band
Lady Antebellum
Little Big Town
The Band Perry
Zac Brown Band
Vocal Duo of the Year
Big & Rich
Florida Georgia Line
Love and Theft
The Civil Wars
Thompson Square
Musical Event of the Year
"Boys 'Round Here" – Blake Shelton (featuring Pistol Annies)
"Cruise" – Florida Georgia Line (with Nelly)
"Don't Rush" – Kelly Clarkson (featuring Vince Gill)
"Highway Don't Care" – Tim McGraw (with Taylor Swift and Keith Urban)
"The Only Way I Know" – Jason Aldean with Luke Bryan and Eric Church
Musician of the Year
Sam Bush (Mandolin)
Paul Franklin (Steel Guitar)
Dann Huff (Guitar)
Brent Mason (Guitar)
Mac McAnally (Guitar)
Music Video of the Year
"Blown Away" – Carrie Underwood
"Boys 'Round Here" – Blake Shelton featuring Pistol Annies
"Downtown" – Lady Antebellum
"Highway Don't Care" – Tim McGraw with Taylor Swift and Keith Urban
"Mama's Broken Heart" – Miranda Lambert
"Tornado" – Little Big Town
New Artist of the Year
Lee Brice
Brett Eldredge
Florida Georgia Line
Kip Moore
Kacey Musgraves
The 47th Annual CMA Awards will air November 6 at 8 PM on ABC! Are you rooting for Taylor? Tell us in the comments!
Drama between T-Swift and J.Lo?!


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|09 Feb 2013
Windows 7 not booting
Ok so i had a dualboot setup with windows 7 and ubuntu.
I decided to remove the ubuntu partition to install windows 8 instead.
I used Easybcd to change the bootloader from grub to windows 7 bootloader, and i then deleted the ubuntu partition. I also deleted my windows 7 recovery partition to gain some more space (which i now regret). I then needed to combine the unallocated spaces, so i used easeus partition master to move my C: drive all the way to the left, and have the 2 unallocated spaces beside each other so that they could be merged. When i applied the changes and the computer rebooted, i was presented with an error that said:
PXE-E61 : media test failure check cable
PXE-M0F : Exiting PXE ROM
Insert bootable media and press any key to continue
It also said something to do with my network card, which im guessing means that it has not found any bootable os on my hdd so it is booting from network as a last resort.
Please help! I would like to now if it will be possible the get my os running again, or if i will have to reinstall windows, or even if my hdd is so destroyed to the point that i cant install an os.
Thanks, any help is greatly appreciated
|My System Specs
|09 Feb 2013
Unplug all other HD's and peripherals. Make sure Windows 7 HD remains set first to boot in BIOS setup, and that the HD itself is detected under Storage devices there. If not replace the cable, and if necessary the HD.
Boot into Windows 7 DVD System Recovery Options or Windows 7 System Repair Disk to Mark Windows 7 or it's 100mb System Reserved Partition (preferred if you have it) Active.
Then run Startup Repair - Run up to 3 Separate Times until Windows 7 starts and it's boot partition holds the System Active flags.
If this fails when System Reserved partition is marked Active, move the Active flag to Windows 7 partition itself and then try the 3 repairs again.
Be aware that sometimes GRUB can corrupt Windows 7 beyond repair when on the same HD. If problems persist I would delete it completely and then for any future Linux Dual Boots use separate HD's booted only via BIOS, or Dual Boot - Windows 7 and Linux - Windows 7 Forums.
If all else fails it may be necessary to wipe the boot sector of interfering code using Diskpart Clean Command before Clean Reinstall - Factory OEM Windows 7 which steps are same for retail.
|My System Specs
|10 Feb 2013
Ok thanks, I tried some of the mbr fixing commands but nothing is working. I think I'm just going to do a clean install of windows 7. It doesn't really matter too much because I was able to get my data off the drive with a Ubuntu livecd. Anyways when I reinstall which command should I use- the clean or clean all?
Also instead of doing this command in cmd prompt, could I just press the delete button during the windows 7 install when it asks you which partition to install on?
|My System Specs
|10 Feb 2013
What MBR commands? I gave you specific steps which resolve this in 90% of cases none of which involve running XP-era commands that are now all automated in Windows 7 Startup Repair which tests and fixes a dozen other parameters at the same time.
Use Diskpart Clean Command
The closer you follow these steps to Clean Reinstall - Factory OEM Windows 7, the more of a perfect install you'll get and keep by sticking with the tools and methods given.
|My System Specs
|10 Feb 2013
You could use clean command in diskpart. Clean all will take long . Doubt you have the time to wait for clean all to complete .
You could run Diskpart in the Install NOW window by pressing on Shift+F10 to open up the command prompt. It will open up to X:\Windows\System32 . Type in
EXIT ( 2x )
|My System Specs
|10 Feb 2013
Thanks I did the diskpart clean command and successfully installed windows 7. I only have one issue-before all this trouble started I had a dell recovery partition which I erased to get some more space.(it was around 15gb from what I remember) I no longer see this partition in my computer or disk management.
I don't really want to do anything major to get it back since its pretty small, but if anyone knows if its a simple fix please let me know.
Anyways thanks for all the help. From now on,if I want to play around with operating systems, I guess I'll just stick to a virtual machine. Lol
|My System Specs
|10 Feb 2013
Had you read Clean Reinstall - Factory OEM Windows 7 it anticipates the Dell Recovery and Diagnostics Tools partitions in a Special Note for Dell Owners at end so you would know all of your options and best choices.
To repeat, Recovery partition will not run on Dell Systems that relied on F8 System Recovery Options to trigger Dell Windows 7 PC Restore.
You were also to test the Diagnostics to see if it runs to decide whether to save its partition.
You should rely on a Windows 7 backup image of your fresh install for recovery or reinstall going forward. Backup Complete Computer - Create an Image Backup
|My System Specs
|11 Feb 2013
I dont need to make a system image backup, I already have a windows 7 disc. I read what it said for dell users on the guide, but that doesn't really apply to me. I had already wiped that partition before my computer got all messed up, so the dell recovery options don't exist. What I'm asking is where did I that partition go? It no longer shows up in My Computer or Disk Management.
|My System Specs
|11 Feb 2013
When you ran the " clean " command you wiped out all of the partitions on the hard drive. Including the Dell recovery partition. Its a hidden partition. To get it back you would have to send the PC back to Dell for them to reimage your PC. Hopefully you created the Dell recovery discs before you did anything to the PC when you first bought it .
A lot of people create the Recovery discs then wipe the Recovery partition cause it does take up space that most people need.
|My System Specs
|11 Feb 2013
That's also why it says in Clean Reinstall - Factory OEM Windows 7 to make your Recovery disks first in case you ever need to restore to factory condition. This is so rare I've never heard of anyone needing it, but might be needed if Dell wants their factory preinstall on there to ship it back under warranty, or you wanted to sell it just like it came from factory.
But why would you need that for yourself now that you have a Clean Reinstall which is vastly superior install? Once it's set up according to the tutorial, save a Windows 7 backup image to use in place of Recovery or reinstall.
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Hemorrhoids: A Real Pain in the Rear
If you've ever experienced the itching and burning sensation of hemorrhoids, you are not alone. Nearly everyone at some time will have hemorrhoids, a condition in which the veins around the rectum or anus become swollen and inflamed. Hemorrhoids are either inside the rectum (internal) or under the skin around the anus (external) and may result from straining during a bowel movement, pregnancy, aging, and obesity.
What You Need to Know About Internal Hemorrhoids
Although internal hemorrhoids are usually painless, one of their most common symptoms is bright red bloody stools or blood on the toilet paper or in the toilet bowl. They can also occasionally protrude outside the rectum, becoming irritated and painful.
While hemorrhoids are usually not dangerous or life threatening and will usually go way on their own within a few days, if you notice any bleeding or changes in your bowels, see your doctor to rule out more serious conditions such as cancer.
Relieving Hemorrhoidal Pain
In most cases, the symptoms of internal hemorrhoids can be alleviated by:
- Taking warm, ten-minute baths several times a day
- Applying a cream containing witch hazel around the area for pain; creams containing hydrocortisone can also help relieve itching.
- Using ice packs to reduce swelling
- Cleaning the rectum after each bowel movement with moist toilet paper or baby wipes
- Taking over-the-counter pain medications like acetaminophen, ibuprofen or aspirin
A word of caution: Before taking any hemorrhoid medications, be sure to check with your doctor first.
Usually, painful internal hemorrhoids will stop hurting on their own within one to two weeks, however, in some instances, medical intervention may be necessary, including:
- Rubber band ligation in which a rubber band is placed around the base of the internal hemorrhoid. The band cuts off blood circulation to the area and the hemorrhoid withers away.
- Sclerotherapy in which a chemical solution is injected around the blood vessel, shrinking the hemorrhoid.
- Hemorrhoidectomy surgically removes the hemorrhoid and is usually used on internal hemorrhoids that are prolapsed (protruding outside the rectum) or are very large.
Eliminating constipation and having softer, bulkier stools that pass easily will often result in the prevention of a recurrence of hemorrhoids. To have softer stools,
- Increase your fiber intake, including eating more fresh fruits, leafy vegetables and whole-grain breads and cereals
- Drink plenty of fluids, eight glasses of water a day is best.
- Avoid alcohol
- Exercise regularly
- Go to the bathroom as soon as you have an urge for a bowel movement
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Narrow your search
Navigate the ins-and-outs of Windows 8 with how-tos, troubleshooting, news, and reviews.
Elegant style, raw power, and sophisticated features make the HTC One M8 an excellent smartphone choice for anyone but the most exacting photographer.
Alcatel is back with a new 8-inch tablet with a grown-up design.
Pricing not available
The new Iconia 8-inch tablet runs Android KitKat via a quad-core Intel Atom processor, with a Full HD IPS screen on the front.
Pricing not available
The One E8 offers the high-end HTC experience in glossy colors and a plastic case, but without a unique selling point, there's little reason to buy this expensive device.
FIFA 15 is easily the most realistic soccer game out there, even if it at times feels a bit over-the-top.
Most racing sims are all about getting somewhere quickly, but Forza Horizon 2 is filled with moments where you can enjoy the scenery and culture surrounding the cars.
Verizon subscribers can't beat the polished-metal HTC One Remix for value and style.
The handset maker will show off its latest flagship device, which is rumored to have dual cameras and an updated Sense UI skin.
While its camera isn't best-in-class and Windows Phone's underwhelming app selection still stings, the elegant and sophisticated HTC One M8 is an enticing alternative to Nokia models.
Though it's one of this year's better Android phones on paper, the OnePlus One isn't for everyone, nor is it readily available.


text:
Daniel Schorr, print and broadcast journalist for 70 years, died today. He was 93 years old. Schorr was CNN's first employee and won three Emmys for his coverage of Watergate for CBS. He had been an NPR commentator since 1985.
Journalist Daniel Schorr Dies at 93
Pending approval Adrian Chen


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Reader Comments (Page 1 of 1)
Joshua Ochs said...
I've seen it happen to one person in nearly four years of playing, and only in the last month. During the month a keylogger was on there, he was hacked four times. He was never able to remove the keylogger no matter how many utilities he ran, so he ended up having to blow away the machine and rebuild it. Problem solved.
Oh, and where did the keylogger come from? Downloading pirated software from a torrent. You can be sure he knows not to run random EXE's now.
I have ZERO sympathy for people who get hacked. I've yet to hear of a case where people didn't later admit to doing something monumentally STUPID to get hacked in the first place. Go ahead - show me an example of "drive by" hacking. These aren't the pre-XPSP2 days, where worms and network attacks were prevalent. It's all social engineering, and getting people to click things they shouldn't. Which boils down to stupid end users.
Screw authenticators, and screw restoration. Let them just blow away the account and give you a new password. Get hacked again because you didn't clean up your mess? Three strikes and you're out. That will get you to clean up your computer, and Blizz and the rest of us don't have to subsidize your stupidity.


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Jay Mohr is this far from hitting it big
Twenty-eight years after its creation, the once-proud USA Film Festival has lost its focus. Can, and will, two new area film fests fill the void?
The 28th Annual USA Film Festival Artist Profile
The USA Film Festival resembles the highest grossing movie ever. It's been leaking like Titanic for a while, but the 28th Annual schedule suggests it may be going down fast.


text:
How do you decide what types of interpretation will work best foryour particular kind of heritage and your target audience? Youcan find advice in our document Thinking about interpretation or by looking at how similar projects have developed their interpretation in the case studies in Our Projects.Next you'll need to consider how you want your audience to respond to these stories, and the media you could use to convey them, such as text, images and activities. Look at the following examples to see how other projects have done this.
Children performing at Beningbrough Hall


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Harbor (Vintage and Retro Photography)
by AC Photography
Canvas Print
Fine art print on bright white, fine poly-cotton blend, matte canvas using latest generation Epson archival inks. Individually trimmed and hand stretched museum wrap over 1-1/2" deep wood stretcher bars. Includes wall hanging hardware.
ships, landscape, sea, autumn...
- 4Promote


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We are hiring!
We are looking for outgoing, energetic and customer service focused individuals to join our Door Staff team. Could this be you? If so, print an application or visit us in person at Suite 100 or Halo Bar. Don't forget that shows can be scheduled on any night of the week as well as holidays, so you'll need a relatively flexible schedule….oh yeah, and you must be 21. Hope we get to meet you!
Applications are accepted in Suite 100 (M-Sat 10am-6pm), Box Office (show nights only), & Halo Bar.


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Join In Our Fun, Free Virtual Summer Camp!
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Italian-Style Hash Browns and Steak
Photography: Randy Mayor; Styling: Melanie J. Clarke
If you don't have a mortar and pestle, you can grind the fennel seeds in a spice or coffee grinder then combine them with the salt, pepper, and garlic.
Yield: 4 servings (serving size: 3 ounces steak and 1 cup potatoes)
More From Cooking Light
Nutritional Information
Amount per serving
- Calories: 350
- Calories from fat: 27%
- Fat: 10.4g
- Saturated fat: 3.1g
- Monounsaturated fat: 5.5g
- Polyunsaturated fat: 0.6g
- Protein: 28.7g
- Carbohydrate: 31.5g
- Fiber: 5.2g
- Cholesterol: 77mg
- Iron: 3.3mg
- Sodium: 826mg
- Calcium: 24mg
- 1 tablespoon olive oil
- 1 1/4 teaspoons salt, divided
- 1 teaspoon dried oregano
- 1/2 teaspoon black pepper, divided
- 1 (28-ounce) package frozen hash brown potatoes with onions and peppers (such as Ore-Ida Potatoes O'Brien)
- 1 teaspoon fennel seeds
- 1/2 teaspoon bottled minced garlic
- Cooking spray
- 1 (1-pound) boneless sirloin steak
- Heat oil in a large nonstick skillet over medium-high heat. Add 3/4 teaspoon salt, oregano, 1/4 teaspoon pepper, and potatoes; cook 10 minutes or until potatoes are browned, stirring occasionally. Remove from pan.
- While potatoes cook, combine 1/2 teaspoon salt, 1/4 teaspoon pepper, fennel seeds, and garlic in a mortar. Mash to a paste with a pestle; rub over steak.
- Heat a nonstick skillet coated with cooking spray over medium-high heat. Add steak; cook 3 minutes on each side or until desired degree of doneness. Thinly slice steak; serve with potatoes.
My Notes
Only you will be able to view, print, and edit this note.Add Note
Italian-Style Hash Browns and Steak Recipe at a Glance
- COURSE: Main Dishes
- CONVENIENCE: Kid-Friendly, Quick/Easy
- CUISINE: Italian
- MAIN INGREDIENT: Vegetables, Beef
- OCCASION: Autumn, Winter
- PUBLICATION: Cooking Light
More Recipes Like This
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Blackened Salmon With Hash Browns and Green OnionsSouthern Living
Hash Brown Casserole from Loveless Cafe and MotelOxmoor House
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News from WTOP
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Shows & Panels
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- The 2014 Big Picture on Cyber Security
- AFCEA Answers
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- Federal Executive Forum
- Federal Tech Talk
- The Future of Government Data Centers
- The Future of IT: How CIOs Can Enable the Service-Oriented Enterprise
- Government Perspectives on Mobility and the Cloud
- The Intersection: Where Technology Meets Transformation
- Maximizing ROI Through Data Center Consolidation
- Mitigating Insider Threats in Virtual & Cloud Environments
- Modern Mission Critical Series
- Moving to the Cloud. What's the best approach for me
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- The New Generation of Database
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- Satellite Communications: Acquiring SATCOM in Tight Times
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- Transformative Technology: Desktop Virtualization in Government
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Department of Energy
Department of Energy Chief Information Officer Tom Pyke describes himself as a man who is rarely lost for words even after more than three decades in government. At the Department of Energy, he oversees an annual IT budget of more than two-BILLION-dollars. He says the key to making the most of that money is to ensure that the right IT is in the right place at the right time. A large part of that effort involves going green, pursuing solar panels and even fuel cells to power the department's IT initiatives. Pyke says green is also a big reason why DOE wants to deploy "thin client" technology at its headquarters within the next six months, something he believes will also make DOE more secure.