David Arthur Johnston told a judge Tuesday that if the courts want him to stop breaching his court-ordered conditions, "they'll have to kill me."
City of Victoria prosecutor Troy DeSouza told provincial court Judge Loretta Chaperon that Johnston was arrested Monday afternoon after pitching a tent in Centennial Square.
Johnston, who advocates for the homeless and the right to camp in city parks, is prohibited from erecting any tent or structure in Victoria. He is also forbidden from being within 50 metres of Centennial Square.
Johnston, who represents himself, pleaded guilty to the two breaches.
"We've obviously been here before," DeSouza told the court. "As sure as the sun rose this morning, Mr. Johnston will breach an order tomorrow."
DeSouza asked the judge to postpone sentencing so Johnston could undergo a psychiatric assessment on his ability to comply with court orders. An assessment was ordered at Johnston's last sentencing, but was not done.
Chaperon agreed to release Johnston on an undertaking with conditions not to pitch a tent in Victoria, not to be within 50 metres of Centennial Square and to attend all appointments of the court-ordered psychiatric assessment.
"You'll be released when you sign the undertaking," Chaperon said.
"I won't sign the undertaking," Johnston said.
"Then I guess you won't be released," the judge said.
The date for Johnston's sentencing is to be set Oct. 31.
