A St. Thomas criminology professor says Fredericton Mayor Brad Woodside handled the eviction of Occupy Fredericton incorrectly. (CBC)

Paul Groarke, a criminology faculty member at St. Thomas University, said Saturday that the City of Fredericton's demolition of a protest campsite last month was not legal.

Groarke said the bylaw cited in ordering the protesters to leave was missing the most important section — outlining what they were doing wrong.

"One part … says you can't do this. A second part which is you get three days notice, and a third part which provides for a penalty if you don't do this," Groarke said.

"But that part of the provision of the section which is intended to say, 'You can't do this,' it's not there … Legally the situation is that the city moved in against the protesters on the basis of a provision that is not there."

Without that provision, he said, the order to leave and any possible penalties don't apply.

Groarke added that Mayor Brad Woodside was wrong to order workers to tear down the site.

"The mayor did not openly, honestly, frankly acknowledge the existing law, what the bylaw consisted of, and in my view acted outside the rule of law," he said.

He also expressed surprise that city staff did not better advise the mayor.

"I would assume that the city solicitor was aware of the situation and I have to ask why did the city solicitor permit this?"

Groarke said the mayor should have either taken the bylaw to council to correct the mistake or take the matter before the courts to get the protesters removed.

The Occupy Fredericton camp was removed the first week of January after occupying Phoenix Square, which is next to Fredericton City Hall, since Oct. 15.

They quickly promised to challenge the eviction in court based on two provisions of the Charter of Rights and Freedoms, in particular the sections that deal with freedom of expression and freedom of assembly.