Occupy Nanaimo Asked To Vacate Plaza

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City of Nanaimo May Seek Injunction 

Against Nanaimo Occupiers at Diana Krall Plaza

The City of Nanaimo fully supports the right to freedom of expression.  Since the occupation of the Diana Krall plaza, Mayor and Council, staff and the RCMP have actively communicated with the occupiers in an attempt to bring about resolution and an end to the occupation of the Plaza.  The City of Nanaimo had hoped that through these discussions, the occupiers would vacate the plaza and use alternative communication methods to disseminate their message.   To date this has not occurred and ongoing communications with the occupiers have not brought about a solution that will see the plaza returned to the citizens of Nanaimo.

An information notice was distributed to the occupiers advising that the occupation is in direct contravention of several sections of the “Parks Regulation Bylaw 2008, No. 7073.  Through this notice, a request was made to the occupiers to remove their structures and tents in an effort to bring about a peaceful end to the occupation. In addition, there is an ongoing interest for the health, safety and well being of the Occupiers and the general public as a result of this occupation.

As time has passed, downtown businesses and residents have indicated that they are now seeing a negative impact as a result of the occupation in Diana Krall plaza.  Complaints about the occupation of the plaza have increased and public use of this public space has declined with planned events being cancelled or moved due to the presence of occupiers in the plaza.

Council hopes that the occupiers will voluntarily vacate the plaza.

Mayor and Council of the City of Nanaimo met recently and discussed how to bring about resolution to the current situation.  As such, staff have been provided with approval and direction to begin the legal process of seeking a civil injunction to end all contraventions of  Parks Bylaw 7073 including the removal of tents,  permanent structures and chattels.  The City would like to conclude the encampment in a peaceful and respectful way.  Mayor and Council, staff and the RCMP are encouraging occupiers to voluntarily vacate the plaza by Thursday, December 1, 2011 at 9:00 am before the City proceeds with the civil injunction.