No room for squatters except in the big house: a member of the Canadian Union of Public Employees defies unjust laws to draw attention to homelessness in the nation's capital, and finds that the legal system has turned up the heat

Seven antipoverty activists are standing trial in October 2004 for taking over an empty building in Ottawa, in an effort to draw attention to the homeless crisis in Canada. Dubbed the "Seven Year Squat" because the building had been empty for seven years and the waiting list for affordable housing in Ottawa was seven years long at the time, the property was occupied from June 26 to July 4, 2002. This trial marks the first major case against squatters in recent years; the defendants are the only squatters in Canada currently facing serious criminal charges and jail time potentially exceeding two years.

Homeless people have quietly lived and slept in abandoned buildings for years, squatting to survive life on the streets. But recently, overtly political and publicized squats have emerged as a popular strategy for addressing increasing homelessness, gentrification and poverty in Canada. From Montreal's 2001 Overdale Squat, to the Woodward's Squat in Vancouver (2002), the Infirmary Squat in Halifax (2002), the Pope Squat in Toronto (2002), and the 2003 Water Street Squat in Peterborough, high profile squats emerging under the banner of anti-poverty activism have become a regular feature of the current political landscape in Canada.

Attack on Poor

The confrontation and public take-over of the abandoned building during the anti-G8 protests in Ottawa was not an isolated incident but part of a larger struggle against the government's war on the poor. As eviction rates skyrocket in the absence of rent controls, as housing agencies face massive funding cutbacks, and as "safe streets" legislation is enacted in numerous provinces to facilitate police crackdown on panhandlers and street youth, the presence of empty buildings is increasingly seen by anti-poverty activists as an invitation to move in. "Squatting simply made sense," says Amy Miller, a Seven Year Squat defendant. "It was (and still is) a very immediate and visible means of directly demonstrating against the lack of affordable housing in Ottawa."

After a brutal eviction involving tear gas and pepper Spray--reminiscent of police responses to squats in Montreal, Toronto and Vancouver--the Seven Year Squatters were slapped with unconstitutional bail conditions and a myriad of indictable criminal charges. Held in custody for over 36 hours, some squatters were even denied urgent medical attention. By refusing to sign the bail conditions presented by the crown (including a clause forbidding the defendants from associating with each other, a ban on participation in political activity, and a curfew) most of the squatters were able to reduce their release conditions. "Originally we were not supposed to leave our houses between 9 pm and 6 am and were not allowed to be within 500 meters of the squat," said Nick Ackerley, an Ottawa-based Seven Year Squat defendant, "This curfew was a blatant attempt to keep us quiet and out of the way."

Cost vs Benefit

Each of the original 22 defendants were charged with break and enter, being unlawfully in a dwelling house, three counts of mischief, and obstruction of police. Fifteen of the squatters obtained a court diversion allowing them to do 40 hours of community service in lieu of standing trial. The remaining seven, who are collectively representing themselves in court, have been preparing for trial through a consensus-based process. "It is very political that we are self-defending, and we have surprised judges with the effectiveness of our methods in the courtroom," said Amy Miller, "I think we have been very sharp. We are taking this very seriously." The risks are high considering the crown's request for nine months jail time if the defendants are found guilty by a judge and jury.

Because the trial runs for a full five weeks over a two-month period, some of the defendants have been forced to give up full-time jobs, post-pone school plans and relocate to Ottawa in order to prepare for and complete the trial.

Like the squats of the past few years, the Seven Year Squat has its own share of success. At the time of the takeover, then Ottawa city counselor Alex Munter acknowledged that, "I've been involved in housing issues for a decade and no press release, media event, speech or anything else that I've ever done has focused as much attention on the housing crisis in Ottawa as this squat has for the last week." However, despite his apparent enthusiasm for the outcome of the squat, he followed in the footsteps of Ottawa Mayor Bob Chiarelli and refused to meet with the squatters. Instead, a notorious "strike breaker" was sent to negotiate a "peaceful exit" from the squat.

Dissent on Trial

Following their arrests, the Seven Year Squatters were left grappling with the severity of their charges. While squatters are commonly ousted by massive police operations, the legal ramifications rarely stick; charges are frequently dropped, or the consequences for a guilty verdict are minimal. This is in part because legally the dispute over property ownership is a civil matter, rather than a criminal one. The decision to use the full force of criminal law to punish the Seven Year Squatters suggests that the state sees politicized squatting, as a significant threat.

When people physically take over a building in full view of media and government, the public can see what the police try to sweep away on a daily basis. Although the building was sold and demolished in 2003, the Seven Year Squat defendants are prepared to take this battle into the courtroom and beyond this fall. The significance of their case extends well beyond Ottawa; it places the criminalization of dissent on trial and highlights to what extent the state will go to maintain the status quo of increasing homelessness and poverty.

The publicity and controversy regarding the squatters and the housing crisis that inspired such a direct action must not end with an occupation, eviction and trial. Squatting challenges the basic laws of property ownership; by placing the basic right to shelter ahead of private property claims, squat actions strike at the heart of the capitalist system. Despite attempts by authorities to repress and punish the fight for this human right, anti-capitalist actions will not stop until housing is a right for all.

Sarah Lamble is a housing activist and prisoner's rights advocate who works with the Peterborough Coalition Against Poverty. She lives in Peterborough, Ontario.

Lisa Freeman was arrested during the Seven Year Squat and now supports the remaining Seven Year Squat defendants. She organizes with Anti-Capitalist Community Action (ACA), is a member of the Canadian Union of Public Employees Local 4600 and lives in Ottawa.

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