The court order prohibiting the use of air horns expires Thursday. Plaintiff Zexi Li and her lawyer Paul Champ want the judge to extend and broaden the order. They will be in court tomorrow at 1 pm, alleging:
I tweeted about this a few days ago, that some named defendants had not, AFAIK, used their socials to get truckers to stop honking, as J. McLean had ordered. We will see tomorrow what he says about that.
Ten days ago, I thought the class-action lawsuit was all about getting the injunction. Now I’m not so sure. With TD Bank (and possibly others) paying seized funds into court, there is real money on the table that could be awarded if the claim is successful and class certified.
Ms. Li has filed a new affidavit that alleges increased honking in recent days and also suggests that Pat King had successfully influenced protesters to stop after the Feb. 7 court order:
It should be noted that since the Feb. 7 court order, the City of Ottawa got its own court order to enforce several types of bylaw infractions, including noise. But it’s not done in the context of civil litigation for damages.
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At protest organizer presser, Danny Bulford (r) says under Emergencies Act, Canadians can continue to come to Ottawa and protest peacefully. "We only support peaceful protest."
"The government is trying to order the police to use force against Canadians who are peacefully demonstrating," Bulford says. Calls on more people to come to Ottawa to "make it harder on the government to get police to follow their illegal order."
(Needless to say, this is false. The protest on the Hill is now a prohibited public assembly.)
The hearing to consider a possible extension of the court order against truck horns issued in Zexi v. Barber et. al. is now before the court, virtually. I'll try to relay as much as I can in this thread.
Lawyer Paul Champ says plaintiff wants to add Pat King as respondent. Justice Hugh McLean stands the matter down until 10:15 am to give King a chance to appear. (Currently, only Barber, Lich and Dichter are represented by counsel, Keith Wilson.)
And we're back. No one has joined to represent King. Champ says they are seeking continuation of the interim order issued Feb. 7 as an interlocutory order for 60 days from today's date.
Protest organizer Pat King did an hour-long FB live tonight, mostly given over to him naming members of Ottawa online counter-protest FB groups and calling on supporters to report them for harassment.
It was… mostly tedious. At one point he accuses a critic of stalking him. He defends the “young lady” who runs Stella Luna. And there are threats to deliver cease and desist letters to media for defamation.
There are suggestions the protest will move to Atlantic Canada, and he plays videos by Great Big Sea and Stompin’ Tom. Also: some flatulence humour.
The factions as best I can tell: Pat King seen in the red zone often and in what he calls a command centre. Seems to have lots of support from the protesters who are still here (q.v. @Justin_Ling for more on him). /
The Tamara Lich / Benjamin Dichter group, launched the GoFundMe and have held three pressers (last two were invite-only). Represented by lawyer Keith Martin. Claim to be the true voice of the protest. Disavows any ties Pat King. /
Tom Marazzo. Spoke about forming coalition with oppo parties and the GG at late night presser three days, with Lich and Chris Barber in the room, apparently prompting Canada Unity to walk back its demands to take control of govt. /
Ottawa Police Deputy Chief Steve Bell says 25 per cent of trucks camped out at Ottawa protests have children living in them.
Bell also describes an incident yesterday in which OPS members were "swarmed" by protesters while trying to confiscate fuel cannisters. Investigation into the incident is pending.
Bell says police are greatly concerned about children living in trucks -- the risk of carbon monoxide fumes, cold, sanitation and noise levels. Not yet doing any enforcement re kids, will rely on guidance from Children's Aid Service.
An Ottawa judge will order a ten-day injunction against the use of air horns at protests. Wording of order is still to be hashed out. But a win for the plaintiff resident and potentially, all others living downtown.
Jumping over to this thread. The court is going to hear from a lawyer representing police with respect to wording of the order and how it be enforced.
While we're in break, it is important to note that injunction is the result of litigation brought by one private citizen, a 21-year-old public servant who lives downtown. Not the City of Ottawa. Not police. Not any other level of govt. She, and her lawyers, shut down the horns.