The midnight deadline has come and gone but Occupy Toronto protesters are still at St. James Park, preparing to stay overnight despite the fact that they've been ordered to leave the premises.
Officials with police and city sources both told CP24 that the eviction order would not be enforced tonight, even though a judge upheld the order Monday morning.
Earlier in the day, Toronto Mayor Rob Ford refused to tell reporters when the city would send in bylaw enforcement officers.
"We've asked the protesters to leave as soon as possible and we'd appreciate their co-operation," Ford said.
Ford and city officials have said repeatedly they want the process to be as peaceful as possible.
Nonetheless, protesters remained on alert and spent the day calling on their supporters to come down to the park and rally against the eviction order.
After the 12:01 a.m. deadline, Occupy organizers told the crowd to stay put, even though it became clear police had no plans to raid the camp.
"There are rumours that police won't do anything tonight," the man told the crowd. "We all need you to stay around as late as you can. Most likely what (police) want is to have us leave and then evict us when there are not many of us here.
"If they don't evict us by some miracle then we will have to come back and do this tomorrow and then the next day and the next," he continued as the crowd cheered.
He acknowleged that they would all be tired tomorrow but said it was the price of politics.
"This is a movement, the birth of a movement. Let's show the police and the city we are serious about this," he said.
'It's not over'
Stephanie, a protester who has been at the site from the start said she was disappointed the court upheld the city's order to evict the protesters but she said the "Occupy" movement was far from over.
She said there will be "many layers" of this protest. Stephanie said she and others have discussed going on a hunger strike to make their point.
Though many took their tents down after bylaw enforcement officers came to the park Monday afternoon and handed out trespass notices, others said they wouldn't go without a fight.
A handful of protesters chained themselves to a yurt and built a barricade out of wood to make it harder for police to force them out.
Nonetheless, there was no violence at the park and the protesters remained peaceful, much like they have for the last five weeks they've been at the park.
The people however have remained spirited in their approach.
About 500 members of the Ontario Federation of Labour marched down Bay Street Monday afternoon, giving a rally at the park a big boost. The majority of them left the park ahead of the midnight deadline. But union members told CP24 that they will hold a rally outside City Hall Tuesday afternoon at 4:30 p.m. if tents are taken down.
The union has also given financial support to the Occupy movement, hiring lawyers and donating food and other essentials to help the protesters.
The union stepped up their support after the city handed out eviction notices to all those camped out at St. James Park.
Appeal considered
CP24 has learned the protesters may file an appeal.
"They're considering their options right now," said Susan Ursel, who represents the five protesters who challenged the eviction order in court.
But City Coun. Norm Kelly said he's glad the court ruled in the city's favour.
"I'm happy. Common sense prevailed," he said of the decision.
Superior Court Justice David Brown decided the fate of the occupation after hearing arguments from lawyers representing the protesters and city in a Toronto courtroom Friday afternoon.
On behalf of the protesters, Ursel asked the judge to quash the eviction notice, arguing their right to protest and their freedom of expression trump the bylaw. The city in turn argued that the protest was interfering with other people's right to enjoy the park. The city said the park was being damaged by the tents and that the property needed to be winterized.
The protesters were allowed to stay in the park over the weekend as Brown prepared his decision, although he put a ban on new tents or structures.
Brown delivered his decision Monday morning at 9 a.m.
Worldwide movement
Since Oct. 15, protesters have been camped in the park as part of a global campaign against social inequality and corporations, in addition to a host of other causes and issues, depending on which member you ask.
Protesters have been sharply criticized for the campaign itself and for widening the focus of their protest. Members have been hit with insults and have been accused of using the movement as an excuse to squat in the park because some campers are unemployed and homeless.
The judge's decision was released as the worldwide Occupy movement faces its biggest test yet. Eviction notices have been handed out in several cities, including New York City, where protesters aren't allowed to set up tents in Zuccotti Park, the place where the movement began two months ago before spreading around the globe.
In Canada, eviction notices have been handed out in Vancouver, Victoria and Calgary, while camps have been dismantled in London, Regina, Saskatoon and Halifax.
@ChrisKitching and @SandieBenitah are on Twitter
