Tristen Durocher. (Lisa Schick/980 CJME file photo)

By CJME News Staff

protest at legislature

Sask. court rules teepee protest in Wascana Park can stay

Sep 11, 2020 | 4:22 PM

The man who set up a teepee as a peaceful protest on the west lawn of Wascana Park in Regina is being allowed to stay.

“I would be jumping up and down, but I’m very hungry right now,” Tristen Durocher told 980 CJME.

“I’m happy that we’re not going to be dragged out of here by the Regina police, who didn’t want to help. I’m happy that the judge decided to rule in our favour.”

Durocher raised his teepee and started a fast at the end of July after walking more than 600 kilometres from La Ronge to the Saskatchewan legislature in protest of the government’s refusal to pass suicide prevention legislation.

The government moved quickly to remove the teepee, with the Provincial Capital Commission arguing the camp breaks Wascana Park bylaws. They prohibit setting up a structure in the park and remaining on the grounds overnight.

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It was a move that Durocher believes was politically motivated.

“Our presence here called into question their lack of action,” he said. “Every day we were here in full public view was an embarrassment pre-election. I think they wanted to crack the whip down and get us out of here as fast as they could, but they failed.”

A ruling Friday by Justice Graeme Mitchell of Saskatchewan’s Court of Queen’s Bench states that not only should Durocher be allowed to continue his “ceremonial fast and vigil without further incident,” but that the bylaw “to be of no force nor effect.”

In court, Durocher argued the bylaws breach the Canadian Charter of Rights and Freedoms and are not a reasonable limitation on his right to protest.

In the judgment, Mitchell agreed, writing: “(The bylaws) clothe Wascana Centre Authority and its delegate with unfettered and absolute authority to grant a permit to public lands, and provide no exemption or accommodation for constitutionally protected political and spiritual expression of the kind at issue in this case.”

Durocher’s case, and the Justice for our Stolen Children camp, set up in Wascana Park in the summer of 2018, have raised the question of whether a permanent space should be provided for such ongoing protests.

Mitchell pointed out Durocher has maintained “a quiet vigil in his teepee and to date, no encampment has grown up around his lone structure.”

Shortly after his arrival, Durocher announced he would end his fast after 44 days, signifying the number of MLAs who voted against the suicide prevention legislation.

It is expected he will leave Regina on Sunday.

While his demonstration will be ending soon, he believes this sets a precedent for protests in Wascana Park.

“This has implications for other people who wish to utilize this public space for demonstrations expressing their religious freedom, or their freedom of expression, or their right to peaceful assembly …,” he said. “That’s a positive for everybody — not just Indigenous people, but every resident of the province.”

In a statement, the government said it would be reviewing Mitchell’s decision and more detailed reasons it said would be filed in the future. After that review, the government would determine its next steps and whether an appeal is required.