Dean Kory - A Study in Free Living

[notorial dissent]

Deano is not really MIA, except on Facebook and twitter. He's living out his dreams, still in the homeless camp in Nanaimo. Things are going just great in his mind since now he has a wider audience as a social justice activist for the homeless. He's been arrested and released and got his picture in a newspaper, and he's named in a petition before the courts to close down the tent city. They even have a crusading lawyer to represent them:
https://www.nanaimobulletin.com/news/he ... tent-city/
Life couldn't be better for him right now since he has a captive audience of homeless people.

Who probably pay as much attention to him as the rest of the real world, which is to say flat out ignore him since he undoubtedly mooches and doesn't share.

[grixit]

our dear Deano and his even dumber brother

I believe the propper phrase is "Dean and Deaner".

[eric]

Closer to the truth than you may think. Many of the homeless people that sleep rough rather than in shelters do so to avoid the dangers. Tent camps self-evolve a power structure where a few people create rules that usually, but not always, work for the good of the camp. These rules include basic hygiene, safety, and sharing of resources. Apparantly there are some issues with Deano's little hobo community:
http://www.timescolonist.com/news/local ... 1.23371532

Just some personal background here - a couple of times a year I have to visit homeless shelters in Edmonton to track down a particular individual. Because living rough is an easy way to disappear off the grid the only way to do it is through conversations with the residents and bribes of cigarettes and Black Ice beer shared on a street corner. BTW, that particular brand is the drink of choice on the rez and among the homeless - cheap and high alcohol content. A six pack of Ice, a bag of Sago smokes, and a bottles of Co-op vodka and you're set for a night of pleasure

[Chaos]

A six pack of Ice, a bag of Sago smokes, and a bottles of Co-op vodka and you're set for a night of pleasure

so then what happened after you left burnaby's house?

[eric]

Don't ask, don't tell but it involved some NSFW activities. Serious note - I am quite sure that Burnaby49 would avoid Black Ice like the plague. Sago cigarettes are an incredibly strong brand, manufactured on a reservation near Cornwall, and sold illegally to non-natives. They come in a plastic bag of 250 and the going price is one quarter to one half of legal smokes. Co-op vodka is particular to the province of Alberta. Although the Co-op chain of grocery and hardware stores has a decent selection of libations they also sell no-name products which are particularly vile but at rock-bottom prices. When I manufacture my own concoctions (my crab apple liqueur is famous) it`s actually cheaper to buy vodka from them than pure grain alcohol.

[Burnaby49]

A six pack of Ice, a bag of Sago smokes, and a bottles of Co-op vodka and you're set for a night of pleasure

so then what happened after you left burnaby's house?

Outright actionable libel! I don't smoke and don't touch vodka or other hard liquors. And I certainly wouldn't consume an incredibly foul concoction like Black Ice. During our current heat wave I'm drinking Patette Brewing Guava & Hibiscus Sour Ale and Strathcona Breweries Orange Radler. both 4% ABV.

And eric, thanks for making me feel totally ashamed of myself for dumping on Dean, implying he's a total loser, when he's actually living the life.

[notorial dissent]

I do have to say, that I am shocked, well nigh amazed, that Deano hasn't managed to get himself pitched from his current squat, almost/maybe a record for him.

Apropos of nothing, too bad the Korys aren't tripets, then we really could do the Dean, Daryl, and my other brother Daryl jokes with feeling, then again, two of them is three too many.

[Burnaby49]

Dean is being evicted from tent city! To be fair, everybody else is being evicted along with him and I have my doubts that Dean is even still there.

To review - The homeless residents of Nanaimo and adjacent areas, or at least some of them, put up an illegal tent encampment on Nanaimo City land. The instant slum got a semi-official name, Discontent City. The inevitable clashes and entirely predictable problems ensued and the city sought to get an injunction permitting them to disperse the encampment residents. Dean made himself prominent by being one of only five residents (out of approximately fifty at the scene) arrested for trying to stop authorities from keeping an open gate to the property. The city applied for a court injunction to shut the slum down and evict the tenters and, a few weeks back the decision came out;

https://www.nanaimo.ca/docs/your-govern ... -(002).pdf

Not good news for the Deanster;

[139] In its petition, Nanaimo seeks an order for an enforcement clause. As noted, I declined to include such a clause in my interim order requiring compliance with the May 30 Order. However, given the aggressive response by certain occupants to the previous efforts of fire safety officials, I am satisfied that an enforcement clause is appropriate here. Accordingly, the Order will include the following term as set out in the petition:

3. Upon the expiry of 21 days from the date of this Order, any police officer with the Nanaimo Division of the Royal Canadian Mounted Police (“RCMP”) is authorized to arrest and remove any person who has received notice of or has knowledge of this Order and who the RCMP have reasonable and probable grounds to believe is contravening the terms of this Order.

[140] In its application for an enforcement clause with respect to my interim order, Nanaimo proposed more extensive language which was apparently endorsed by the RCMP. If additional terms are sought or required to make the enforcement clause effective, the parties may apply for further directions.

Aggressive response by certain individuals?

[18] Foremost amongst its concerns are issues relating to fire safety. Nanaimo adduced extensive evidence from Alan Millbank, a fire inspector with the Nanaimo Fire Rescue Department, who has had a lead role in monitoring safety conditions at the Tent City. Based on regular inspections of the Tent City, Mr. Millbank documents numerous fire safety issues, including:

a) Obstruction of site access for emergency services personnel;
b) Random and unsafe placement of tents;
c) Excessive fire loads and flammable materials within tents;
d) Improper storage of propane tanks;
e) Accumulations of combustible materials in close proximity to tents;
f) Improperly constructed wooden structures;
g) A “community kitchen” with numerous fire hazards;
h) Improper location of tents, including tents too close together and too close to combustion sources;

[20] Mr. Millbank deposes that in subsequent inspections, he observed not only ongoing non-compliance with many aspects of the May 30 Order, but also increased fire risks due in large part to the expanding size of the Tent City. Further, Mr. Millbank deposes that during inspections that took place in July, various occupants of the Tent City acted in an aggressive manner towards the inspectors.

Could one of those have been Dean? I'd say that when you are illegally squatting on government land it's never a good idea to gratuitously provoke government officials but Dean has never been known for restraint.

And, as always, many other problems;

[21] Nanaimo’s safety concerns extend to issues of drug use and violence within the Tent City. For example, on June 27, 2018, the RCMP attended the Tent City in response to a report of a possible drug overdose. A female resident of the Tent City was transported to Nanaimo Regional Hospital where she passed away. On another occasion, a female resident was sleeping in her tent when she was struck with a pellet fired from a BB gun. Corporal Kate Mooney of the RCMP deposes to other arrests for various assaults that have taken place within the Tent City.

[22] Another significant concern identified by Nanaimo is criminal activity within the Tent City and in the surrounding neighborhood. For example, on July 4, 2018, the RCMP was called to investigate a stabbing that occurred in the Tent City. Further, Corporal Mooney deposes to the number of calls received by police relating to incidents in and around the Tent City in May to July 2018. These include complaints of theft, including shoplifting, assault, mischief, drug possession, alcohol offences, uttering threats, weapons and trespassing.

[23] Merchants at the Port Place Mall have reported numerous incidents of shoplifting and theft, along with aggressive panhandling and other abusive behaviour. Similar evidence is provided by other local residents and merchants, who also describe significant increases in garbage, including discarded used needles, public urination and defecation, noise, foul odours, confrontational behaviour and open drug use.

[24] Other concerns identified by Nanaimo include the presence of underage youth in the Tent City, unsanitary conditions, the presence of weapons and a general deterioration in the Tent City structure and leadership.

Although that complaint of deteriorarion in leadership has to be outright bullshit. They had the Kory boys leading the way with their proven organizing abilities, diplomatic tact, and moderation;

[31] Various residents spoke of the efforts made to provide structure and organization at the Tent City:

We’re taking care of the camp. When a crime has been reported, we follow up on it and mediate diplomatically. People clean up after themselves. We do perimeter checks, safety checks, and wellness checks. All to take care of the camp. A council was recently elected to increase organization of the camp. It’s hard to give people positions of power when you’re not sure exactly how trustworthy they are, so we’re trying to find a balance (Darcy Kory).

But;

[25] With respect to this last point, a number of deponents who have interacted regularly with the Tent City occupants since its inception have described the changes they have observed over time. For example, Corporal Laberge states in his affidavit sworn July 12, 2018:

As time progressed, the individuals who were ostensibly present and speaking on behalf of the occupants of the tent city began to change. Several of the organizers who had been “front and centre” whenever we entered the site was [sic] no longer present…

By mid-June, 2018, the context of Tent City had changed substantially from when it had been initiated. On June 18, 2018, Bike Patrol officers counted a total of 115 tents or sleeping shelters on the site, a number of vehicles and a fifth-wheeler trailer. There were many people occupying or visiting the site that my colleagues and I had never seen before, even as “known” homeless.
…
The present state of the Tent City is much different from what it was in its inception in May. The conditions and environment had steadily deteriorated over time as the number of occupants has increased. My conclusion is based on the following which I have observed during my numerous visits:

a. the presence of ostensible leadership, structure and order at the site is now less evident and completely absent at times;
b. there are regular incidents of violence and assaults involving weapons and bodily harm, and conflicts among occupants;
c. illicit drug use is more rampant,
d. the Tent City site is now occupied by numerous people known by the RCMP to be drug dealers…
e. there are regular incidents of drug overdose;
f. I have observed a large number of discarded needles on the Tent City grounds during my attendances;
g. A number of occupants are accumulating and hoarding materials which may pose a fire and safety hazard, and existing fire safety orders are being contravened…

However all is not necessarily lost. This is only an interlocutory injunction. An interlocutory injunction is a court order to compel or prevent a party from doing certain acts pending the final determination of the case. It is an order made at an interim stage during the trial, and is usually issued to maintain the status quo until judgment can be made.;

[134] These factors, combined with the questionable strength of the respondents’ Charter arguments on the law as it currently stands, lead to the conclusion that an interlocutory injunction requiring the dismantling of the Tent City is warranted.

If the city wants a permanent injunction it will have to have a full trial rather than a two day hearing which is apparently where this is going.

Conclusion

[135] For the reasons set out above, I am satisfied that determination of Nanaimo’s application for a permanent injunction requires a trial and, accordingly, I order pursuant to Rule 22-1(7)(d) that Nanaimo’s petition be referred to the trial list. I decline to make any further procedural orders concerning the conduct of that proceeding but leave it to counsel to agree on further steps or seek further directions from the Court.

But the residents still have to be out by October 21st.

What about Dean? Where is he in all this? Note the list of respondents to the city's petition;

Mercedes Courtoreille, Gina Watson, Mike Pindar, Mystie Wintoneak, Kent Sexton, Dean Kory, Jane Doe, John Doe and Other Unknown Persons

Dean, as usual, was front and center of any squabble with authorities. But when it came to the hearing Dean was missing in action;

[3] The respondents Gina Watson, Mike Pindar and Mystie Wintoneak are represented by counsel who appeared on their behalf at the hearing. The other named respondents are not represented and did not participate directly in the hearing. References in these Reasons to the respondents will be to those represented by counsel.

Did not participate? Dean? No wild ravings about an illegal corrupt court system with judicial whores on the bench? None of his brilliant legal analysis showing that the courts have no power over him and therefore, by extension, none against the other residents of Discontent City? No private informations against all of the city and police officials involved in all this?

Since Dean seems pathologically unable to be anything but a ranting anti-government fanatic this total absence from the hearing leads me to conclude that he may have already pulled up stakes and moved on. As the Qualicum Beach Hobo Jungle debacle showed Dean is unable to get along with anyone, even like-minded squatters, so it's entirely possible that Dean attempted to become the sole leader of the encampment and the other residents rejected his crazed demands. Being Dean, who doesn't play well with others, this would be sufficient for him to bugger off in search of that, as yet undiscovered, community where they recognize his brilliance and grovel accordingly.

Whatever happened we apparently won't be finding out from FaceBook. Dean hasn't posted there for four months.

[notorial dissent]

I think saying the Korys don't play well with others is a staggering understatement. Imagine that?

[BoomerSooner17]

I'm slightly confused. If Tent City is on Nanaimo City land, why do they need a court injunction to shut it down? Why not just bulldoze it and send everyone packing?

[Burnaby49]

I'm slightly confused. If Tent City is on Nanaimo City land, why do they need a court injunction to shut it down? Why not just bulldoze it and send everyone packing?

Because Canada has a constitution which gives everybody the right to do whatever the fuck they want unless a court says otherwise.

Sorry, tonight, for the second time in my long life of boozing I was offered, entirely by chance, all the free beer I could swill down at the best craft brewery in Vancouver. Unlimited 8% alcohol by volume porter by Conrad, one of the best brewmasters in Vancouver. Just home from that epic event. I'll be writing it up on Quatloos.

Since 1982, when our constitution came into effect, the Supreme Court of Canada has been writing our laws. Statutory law is meaningless if the Supreme Court thinks it violates the court's very vague understanding of human rights. Since the Supreme Court can crap on any legislated law anytime it wants the various levels of governments has been very scrupulous about making sure that any actions they take meet constitutional requirements. The homeless have some kind of imprecise constitutional right to squat on government property but apparently they can't as a group, it has to be individual initiative. If this makes no sense to you welcome to the club. There's no logic to the results that I can see. However, since the various residents of Discontent City form a group, rather than an individual, the issue had to go to court to determine if it evicting them violated the constitutional rights of any precious snowflakes amongst the drug addicts and criminals. In this case no. Read the decision for details.

[eric]

I'm slightly confused. If Tent City is on Nanaimo City land, why do they need a court injunction to shut it down? Why not just bulldoze it and send everyone packing?

Uuhhh... because it's public land? OK, here we go. In Canada, in the context of homeless people, an individual has the perfect right to set up camp on public land such as parks, ravines , etc subject to reasonable restrictions. The fine print is in the words "individual" and "reasonable restrictions".
In Nanaimo, the city was trying to prove that it was not individuals, but more of a group protest with many of the encampment occupants not really being homeless. The words "reasonable restrictions" can include safety, hygiene, crime or inadequate shelter space that accounts for the personal needs of that particular individual.
Here are some examples - if I live in a city with not enough shelter space I can set up a tent in some empty corner of a ravine. Various authorities will visit me occasionally to perform welfare checks and even give me a dry sleeping bag etc. If however twenty of us set up camp in a busy public playground they will try to figure out ways to get rid of us.

[eric]

I think saying the Korys don't play well with others is a staggering understatement. Imagine that?

To put it mildly, not in the least. I'm not quite sure what has happened with Deano, but Darcy seems to have been successful in his new career. Small time criminal and mobile tatoo artist becomes a social justice warrior
Anyways, here is Darcy, a member of the tent camp council responding to the court order:
https://www.nanaimobulletin.com/news/su ... tent-city/
and here is another view from a different news source:
http://thevolcano.org/2018/09/25/the-ju ... rotection/
Background - the Volcano is the newspaper of these guys:
http://www.stopdisplacement.ca
Moving into the big time now in the field expedient housing solution sector, on the weekend these guys did this:
https://www.cbc.ca/news/canada/british- ... -1.4853687 (that's Darcy there on the left). You can read all about it on the tent city facebook page https://www.facebook.com/discontentcity/ and they indicate that Darcy was there and did such a good job that he earned a special prize from the authorities:
CCC - 348(1)(a) break and enter with intent to commit offence
Unlike the other arrestees, since he was allready on bail for 3 other offences, he is now a guest of the Queen until he gets the boot yet again on another judicial interim release and finds another tent camp to squat in.

[Burnaby49]

I'm glad to see that Darcy has finally found a way of squabbling with authorities that is at least, in some part, considered socially acceptable. In the past it was just Dean and Darcy being totally unwilling to fit within what is considered acceptable social norms because of their dysfunctional self-destructive behaviour. Now Darcy has been able, at least temporarily and to a minor extent, to channel his anti-authority obsessions into constructive action. It won't last, neither Dean nor Darcy can stay focused on anything for long.

Strange that Dean is MIA. This kind of confrontation tends to bring out the manic in him.

[eric]

Darcy has different issues than Dean. He's got enough court issues in Nanaimo that he keeps getting shipped back there even though he has been picked up on warrants in both Abbotsford and Surrey. Considering his usual living arrangements I suspect that's how he met up with the StopDisplacement people since that is their home turf for activism. If his brother has not made alternate living arrangements in a place with bars on the windows he must have sucked up his vanity and on the web under a different name.

[Burnaby49]

I can't see Dean hiding his light under a bushel by going on the net with a fake name. He's obsessed with the Dean Kory brand and no matter how bad things are for him, no matter how badly he behaves, he trumpets it out on FB. It's his egotistical lifeline. He was front and center at the beginning of the tent city confrontations, he even made the papers, then he suddenly disappeared. It's not like Dean to retreat from the limelight. I'd go with the assumption that he's in jail. His behavior has certainly warranted it. Nothing on BC Courts Online but that doesn't mean he hasn't been arrested and is sitting in jail.

[BoomerSooner17]

I'm slightly confused. If Tent City is on Nanaimo City land, why do they need a court injunction to shut it down? Why not just bulldoze it and send everyone packing?

Uuhhh... because it's public land? OK, here we go. In Canada, in the context of homeless people, an individual has the perfect right to set up camp on public land such as parks, ravines , etc subject to reasonable restrictions. The fine print is in the words "individual" and "reasonable restrictions".
In Nanaimo, the city was trying to prove that it was not individuals, but more of a group protest with many of the encampment occupants not really being homeless. The words "reasonable restrictions" can include safety, hygiene, crime or inadequate shelter space that accounts for the personal needs of that particular individual.
Here are some examples - if I live in a city with not enough shelter space I can set up a tent in some empty corner of a ravine. Various authorities will visit me occasionally to perform welfare checks and even give me a dry sleeping bag etc. If however twenty of us set up camp in a busy public playground they will try to figure out ways to get rid of us.

Ahhh, I understand now. I misunderstood "city land" to mean "land that the city owns and can do whatever it wants with", like a vacant lot for a building, rather than "public land", like a park or green space.

[Burnaby49]

The tent city was not built on a park or green space. It was located on a city-owned vacant industrial lot by a railyard. As you stated it is "land that the city owns and can do whatever it wants with". But it is still public land since it is owned by a level of government. If the City of Nanaimo isn't using it I assume that it can be used by individual, unorganized tenters but not an organized group of them.

[eric]

The whole concept of publicly owned land in Canada is an area of law in itself. IANAL but very roughly the appropriate level of government is responsible for managing set parcel for the good of the community as a whole. This can mean allocation of mining and timber rights (a provincial responsibilty) to thousands of square miles or management of small parks and vacant lots. In the case of the homeless the rights of the individual to safe accomodation by tenting in a patch of land can sometimes outweigh the the rights of the majority to enjoy that little patch of green, or in the city of Nanaimo, a vacant building lot that the city had no immediate use for. Side note - many new public spaces in Canada are purposely constructed to make themselves unattractive to squatters by adding in landscape features that make it tough to find a spot to pitch a tent. That all being said, I have the perfect right to enjoy nature in my own little ravine patch or out here in the country I could ride my horse or hunt down an unused range road allowance just so long as I don't damage the crops. It's why in some parts of Canada, such as in Ontario, the province has set up management structures that specify everything a particular patch of crown land can be used for, whether open camping for up to 21 days, resource extraction, or even semi-permanent structures such as hunt camps.

[bmxninja357]

I hear tent city is a real blast now-a-days....

Nanaimo tent city evacuated after possible bomb-making components found
https://globalnews.ca/news/4544955/tent ... nents/amp/

In with a whimper out with a bang.
Ninj