Protester on prison hunger strike

Man jailed for repeatedly sleeping in public parks hasn't eaten for 30 days - Louise Dickson, with files from Richard Watts, Times Colonist

Friday, August 04, 2006

David Johnston, Victoria's right-to-sleep protester, has been on a hunger strike at the Vancouver Island Regional Correctional Centre for 30 days.

Johnston is a homeless man who has been repeatedly arrested and jailed since 2004 for camping in Beacon Hill Park and sleeping on the grounds of St. Ann's Academy. Every time he's been released, Johnston has returned to St. Ann's to assert what he believes is his right to sleep outdoors on "public access space."

Johnston said the reasons for his hunger strike are simple -- he believes the Crown is corrupt, and he thinks no one should eat in jail.

The authorities are powerless to stop him from starving to death. He has signed an order that prevents prison or medical officials from force-feeding him or hooking him up to an intravenous drip if he passes out -- an event he believes will happen in six to 10 days.

His battle, which sparked the establishment of tent cities at St. Ann's and Cridge Park last fall by other homeless people, has frustrated courts to the point where Johnston is now serving consecutive sentences of 120 and 90 days.

The two sentences are the latest in a series. His sentences started with conditional discharges on Dec. 21, 2004, after he was found guilty of two counts of mischief for trying to set up camp at St. Ann's Academy. Subsequent sentences were for breaches of court-imposed conditions, and all the breaches involved showing up at St. Ann's. Over the course of 11 court appearances, his sentences have increased from one day, to three, to seven, to 14, 30, 90 and finally 120 days, starting July 6.

Each time he's been in jail, Johnston has gone on a hunger strike, but with the longer sentences, that's increasingly putting his life in danger.

B.C. Corrections spokesman Derek Tangedal is unable to discuss Johnston's case but confirmed that if an inmate goes on a hunger strike, prison staff can't force the inmate to eat.

This week, the impact of the hunger strike was apparent. Red prison sweats hung off his normally robust frame. His weight has dropped to 143 pounds from 170. Johnston spends his day in solitary confinement where officials can keep close tabs on his declining health. He said he drinks water, watches the Food Network on a small colour TV in his cell, and fantasizes about dumpster diving.

"I feel like an old man," he said. "If someone punched me in the mouth right now, all my teeth would fall out. My gums have receded an inch."

His mother, Lea Johnston, visits him every day. She drove to Victoria from Alberta after Johnston phoned her collect from jail last week.

"People want me to talk him into eating, but I kind of believe in what he's doing," she said outside the jail. "I would never ask him to give it up. It would be like Mary saying to Christ: 'You don't really have to do that. You can hang out at home and drink wine all day in the sunshine.' "

Lea is a Christian who believes God will keep her son alive. On her visits to Wilkinson Road she wears a flowing white dress that she calls her angel dress.

Johnston wants to appeal his sentence. He said he won't return to St. Ann's this time if he is released. He is encouraged by a lawyer's legal challenge on behalf of tent city participants that uses the Charter of Rights to contest bylaws banning camping in parks. "I wouldn't have breached (at St. Ann's) in the first place if I'd known about this charter challenge," said Johnston. "If they win, it would be illegal to arrest someone for sleeping in public access space."

Johnston wants people to write to the attorney general and the lieutenant-governor asking for his release from the facility. Lea also wants people to write to the authorities on his behalf. "Don't let someone die for sleeping on a park bench," she pleaded.

© Times Colonist (Victoria) 2006