Occupy Victoria protesters have moved some of their tents to make way for Christmas decorations, but are declaring the city's eviction notice "illegal" and say they will not leave a downtown park.
City of Victoria staff gave demonstrators until noon Monday to vacate their encampment at Centennial Square, but an hour after the deadline, protesters had only shifted their tents away from the planned site of a skating rink and a sequoia tree traditionally decorated for Christmas.
The activists say that the city's eviction order, issued Sunday, violates their Charter rights to freedom of assembly and speech.
"The collective failures of the City of Victoria in both fulfilling their responsibilities and upholding the law that animates them results in the invalidity and illegality of the November 6, 2011 notice of eviction," the protesters said in a media release.
Protesters were handed notices on Sunday informing them that "holding demonstrations and other events without a permit and erecting tents and other structures in Centennial Square contravenes the city's Parks Regulation Bylaw."
Representatives of the group visited Mayor Dean Fortin's office Monday morning and stated that they will not leave the park. As the deadline passed, protesters banged on drums, played guitars and danced as police looked on.
Shortly after noon, one protester climbed a tree in the park and vowed to stay up there, declaring that he had enough supplies for 50 days.
Lyle Barrette told reporters he had built a hammock out of rope and placed his sleeping bag on top.
"I got pissed off at them sticking a notice and telling us we have to leave. I thought this was a democracy -- don't we all get to choose? But it's not. We live in a bureaucracy," he said as he scaled the tree.
The mayor has said force will not be used to evict the protesters, but the city will apply for a court order to get rid of the tents in Centennial Square. It could take up to two weeks for the city to have its injunction.
Homeless camper Jake Copperfield told CTV News that he feels the protest's original purpose to fight wealth inequality has been lost.
"I think it's just collapsed itself, and there's not much of a direction or an intention any more. People don't know what they're doing and a lot of the serious people have left," he said.
Protesters rally in Vancouver
In Vancouver, protesters planned a 1 p.m. rally to push back against calls for them to vacate their encampment following the tragic death of a young woman on Saturday.
Ashlie Gough, 23, was discovered in a tent by a friend at around 4:30 p.m. She was given CPR, but could not be revived.
In the wake of her death, Mayor Gregor Robertson announced that the city is looking at strategies to "end the encampment as soon as possible."
"I have directed the city manager to expedite the appropriate steps," Robertson said.
But protesters have said that they will stand their ground, should police or firefighters move in.
Both the mayor and his Nov. 19 civic election rival, the Non-Partisan Association's Suzanne Anton, have said that an injunction may ultimately be used to vacate the protest site.
The coroner has not released Gough's cause of death, and said Sunday that it will take weeks for toxicology tests to confirm whether it was drug-related.
Another protester suffered a non-fatal drug overdose at the site Thursday. He went into cardiac arrest, but was resuscitated by a volunteer medic.
The Occupy encampments in both Victoria and Vancouver were set up more than three weeks ago on Oct. 15.
In Halifax, Occupy protesters have made a deal to temporarily relocate their camp to make way for Remembrance Day ceremonies. City of Quebec officials have told protesters in that city that the time has come to vacate, while demonstrations continue in Toronto, Montreal, Winnipeg and Calgary.
With files from The Canadian Press and CTV British Columbia's Jim Beatty
