Homeless Activist Released On Bail

Homeless activist released on bail
Sandra Mcculloch, Times Colonist
Urban camper and homeless activist David Johnston walked out of jail yesterday free on bail, after agreeing to obey city laws on pitching tents in public places.
Johnston had been in jail relating to charges from an Oct. 17 arrest after he refused to take down a tent in Beacon Hill Park. He was released on conditions he obey the law and follow certain conditions.

On Oct. 31, Johnston was arrested again after he refused to take down a tent that had been pitched at Centennial Square. He was charged with breaching his previous undertaking to obey the law.

Johnston was in Victoria provincial court yesterday afternoon for a bail hearing. Crown prosecutor Pinder Cheema initially opposed Johnston’s release, describing his actions as “a deliberate breach of the undertaking.”

She said there was “every likelihood he will flagrantly disregard court orders.”**

Defence lawyer Sue Wishart acknowledged that Johnston is very outspoken on the issues facing the homeless, and he’s passionate about his beliefs that the homeless have a right to sleep in public places.

He bases that belief on a B.C. Supreme Court decision released Oct. 14, that ruled that due to a shortage of shelter beds the homeless should be able to sleep in Victoria parks.

The city responded by drafting a policy that restricted the camping hours in parks to between the hours of 9 p.m. and 7 a.m.

Johnston is keen to have the courts decide the validity of this city policy, said Wishart.

“He wants this matter set for trial,” she said.

Johnston was released on his own recognizance. He must keep the peace and not erect any temporary overhead protection in a public space except between 9 p.m. and 7 a.m.

Any shelter erected during the night must be disassembled by 7 a.m., Judge Ernie Quantz ruled, adding Johnston cannot light any campfire or cooking fire in a public place.

Quantz read the conditions aloud in court to Johnston and asked if he agreed to obey them. Johnston agreed.

Any breach could land Johnston in jail for months, said Quantz. “With your record of breaching court orders … you well know you’ll be detained until your trial date, which may not be until the spring.”

Johnston returns to court Nov. 12.

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