VANCOUVER 128 MAR 01 2019 Court of Appeal File No. CA45928 COURT OF APPEAL ‘Supreme Court File No. S-175088 REGISTRY ‘Supreme Court Registry Vancouver COURT OF APPEAL BETWEEN: CITY OF MAPLE RIDGE RESPONDENT (Plaintiff) AND: LOIS GAYLE TANA COPPERTHWAITE, DWAYNE ALAIN MARTIN and EVA DIANNE BARDONNEX APPELLANTS (Defendants) AND: TRACY SCOTT, JANE DOE, JOHN DOE and OTHER UNKNOWN PERSONS. Defendants AND: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA RESPONDENTS (Third Parties) AFFIDAVIT |, Caitlin Shane, lawyer at Pivot Legal Society, in Vancouver, Province of British Columbia, AFFIRM THAT: | am a staff lawyer at Pivot Legal Society ("Pivot"), a non-profit society incorporated under the laws of British Columbia, | have personal knowledge of the facts and matters hereinafter deposed to, save and except where same are stated to be made on information and belief, and where so stated, | verily believe them to be trus. 2. This affidavit details my experiences and observations between Friday, February 22, 2019 and Monday, February 25, 2019. I spent time at Anita Place on each of these days.[Ble Friday, February 22, 2019 3. On Friday, February 22, 2019, the City of Maple Ridge (the “City’) bylaw officers, members of the Maple Ridge Fire Department ("MRFD") and RCMP officers attended Anita Place to inspect the site, Our legal team and our clients had no advance notice that the City was planning to enforce the February 8, 2019 Order of Justice Grauer (the "Grauer Order”) that day. 4, The weather in Maple Ridge on Friday was extremely cold. Indeed, at the time of that Phone call, the temperature was recorded at zero degrees Celsius and there was snow on the ground. 5. Around 10:30 am, | spoke with RCMP Division Liaison Team ("DLT") Constable Brian Kermer on the phone. Constable Kermer told me that the DLT attends protests and demonstrations in order to keep the peace. He said he was accompanied by one other DLT Constable, and that Pitt Meadows RCMP officers, members of MRFD, and City workers were on site at that moment. 6. Constable Kermer told me that he was not entirely clear on the details of the Grauer Order, and that the City officials and MRFD were “running the show.” He said that based on his understanding, the following was occurring that day: a. Bylaw officers were tagging every tent and structure in the lot with 24-hour Notice to enter signs, for the purposes of inspecting tents and structures the following day, to ensure compliance with the fire order. b, Bylaw officers were asking residents for their identifications (or names, photo, and location) for the purposes of housing. c. RCMP were there to oversee things, and to carry out arrests in the event anyone obstructed or breached the order. 7. | asked Constable Kermer to pass the phone to a bylaw officer so'that I could get more information. He told me that he would inform someone from bylaw enforcement that | wanted to speak to them and would give them my phone number to call back. | agreed and gave him my number, and he said to expect a call within half an hour. | told Constable Kermer that Pivot lawyers would be heading to the site.(34 8 Noone from bylaws ever phoned me. 9. At 12:05 pm, en route to Anita Place, | left a voicemail for Frank Tick, Coordinated Access and Assessment Manager at B.C. Housing, inquiring as to whether he had any knowledge about the heat in the warming tent being shut off as | understood to be the case. | did not receive a call back and at the time of writing this affidavit, have yet to speak to Mr. Tick despite additional phone calls and an email asking for a return call 10. At 12:10 pm, stil en route to Anita Place, | called Constable Kermer again. He confirmed that electricity on site had been turned off and that the large propane tanks attached to the warming tent's heating system had been removed. He told me there was indeed no heat being pumped into the warming tent. He told me he could not confirm any timelines as to when power and heat would be restored. 11. Constable Kermer also told me that he had given my name and number to a bylaw officer, but that that individual said they could not speak with anyone from Pivot and would not call me back. Constable Kermer told me that, according to the bylaw officer, | needed to contact counsel for the City, Jeff Locke, with any questions. At the time, | was under the impression that Mr, Locke was away for the weekend, as earlier that morning, | had been copied on an automatic reply received by Rajit Mittal, at Dentons Canada LLP, from Mr. Locke, stating that he would be away until Monday, February 25, 2019. 12, At 12:33 pm, still en route to Anita Place, | received a voicemail from Constable Kermer stating that all City employees including police and fire were vacating the site as their work was done for the day. He informed me that the City had put notices on all tents and had asked for identification from several residents. He said that some residents refused to give their identification, and that some had specified they would not provide it until Pivot lawyers arrived on site. Constable Kermer told me that we didn’t need to come out to camp anymore, but that he would wait for us if we were nearby. | told him we would be there shortly and asked him to wait.