Judge dismisses province's application to remove Wascana Park teepee camp

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A Regina judge has dismissed the case against Tristen Durocher, allowing him to complete his 44-day ceremonial fast and vigil without further incident. This decision, announced Friday in response to the province which was seeking a court order to remove Durocher along with his fellow demonstrators after more than a month of camping in Wascana Park, outside of the Saskatchewan legislature.

The provincial government had initially argued Durocher was in violation of bylaws and when he arrived at the end of July he failed to apply for a permit despite officials telling him more than once one was required. In his decision, Justice Graeme Mitchell wrote, I find the impugned Bylaws and the Notice of Trespass unconstitutional and declare them to be of no force and effect under s. 52(1) of the Constitution Act, 1982.

He went on to say that the bylaws offend Tristen’s rights guaranteed by s. 2(a) and 2(b) of the Charter. Mitchell also gave the Provincial Capital Commission and Wascana Centre Authority time to craft new bylaws.

The province said it understands more detailed reasoning will be filed at a future date. Justice officials will be reviewing the judgment and any additional reasons in the coming days before determining next steps and whether an appeal is appropriate.

Tristen Durocher, a 24 year old Métis man, erected a teepee on a lawn in front of Saskatchewan’s legislature after walking more than 600 kilometres from the province’s north to bring attention to the region’s high suicide rates.