After a three-day civil hearing, a judge has ordered the removal of the Palestine solidarity encampment at Vancouver Island University.

Justice Michael Stephens delivered his decision on the civil case on Thursday, Aug. 15 at the law court in Vancouver, calling VIU's original request "over-broad," but agreed to an interim injunction for 150 days on the grass quad area, where the encampment currently resides.

VIU鈥檚 encampment, which recently passed 100 days, is Canada鈥檚 last university solidarity encampment for Palestine amid the ongoing global conflict.

"VIU has a strong case based on the common law of trespass and the defendants do not have a strong argument in defence," Stephens said. 

The over-broad nature stems from a part of the order requested, a curfew across the entire campus from 11 p.m. to 7 a.m., that would only exclude students going to and from dormitories. 

鈥淭here is no evidence before me of an encampment involving the defendants other than on the grass quad area, nor does VIU鈥檚 evidence complain of conduct of the defendants from 11 p.m. to 7 a.m. other than the overnight camping in the encampment.鈥� 

He pointed out that the university鈥檚 own library closes at midnight, which would take place an hour after the curfew would take effect.

鈥淥ne of the representative defendants deposes that, quoted, 鈥榠t鈥檚 common that I see students gathered on and using the campus after 11 p.m. and early in the morning.鈥� 鈥楲ots of people from the community use the stairs on campus running and training before 7 a.m.鈥欌��

Stephens also rejected VIU's request to retrieve funds from the protesters and allow police enforcement terms. 

鈥淭he defendants include VIU students, among others, and I am not satisfied police enforcement terms are necessary at this time noting there is no evidence that it would be unlikely that the injunction would otherwise be complied with without enforcement terms.鈥�

The defence鈥檚 argument, that the Charter applies to the university, where protesters have a right of free expression was also rejected. 

Stephens said he had strong doubts about the strength of the defendants' argument applying to VIU.

"The Charter may apply to an organization if the organization is part of the apparatus of government or if the organization is implementing a specific government program or policy鈥�,鈥� Stephens explained. 鈥淰IU is a special purpose teaching university, however the university is not statutorily designated to be, for all purposes, an agent of the government. Instead section 48 of the University Act signals independence from the minister.鈥�

Per the interim injunction, protesters have 72 hours to clear the encampment.

, VIU said that while they 鈥渞espect and support the right to peaceful protest and diverse viewpoints,鈥� the court order 鈥渆nsures that the campus quad is returned to the entire community and prevents any individual group from occupying a shared space for extended periods of time to promote a single perspective.鈥�

鈥淲e sincerely hope those in the encampment comply with the court order and vacate the quad before the court-imposed deadline,鈥� the university said. 鈥淲e have requested the RCMP鈥檚 assistance to support VIU鈥檚 enforcement of the order if participants remain after the court-ordered timeframe.鈥�

Despite the outcome, the Palestine solidarity encampment said  that the students "remain steadfast" in their commitment to the Palestinian cause, their demands and their right to protest.

"...While we recognize that Canada and the western world prioritize private property over Charter rights, it is truly disappointing to see that a university, who claims to support freedom of expression, goes to such lengths to restrict protests that do not align with their colonial criterias," the students said.

The B.C. Civil Liberties Association (BCCLA), of the student protesters鈥� freedom of expression and freedom of assembly, released their sharing disappointment with the outcome. 

鈥淔reedom of expression should be protected unless there is an exceptional justification for its restriction,鈥� said Ga Grant, BCCLA litigation staff counsel, in a statement. 鈥淭oday, the court missed a critical opportunity to align the law with our Charter rights and values. While the door remains open for us to fight for an evolution of the law in the future, failure to apply these principles today continues to curtail the essential role of Charter rights in our legal landscape.鈥�