Occupy Fredericton protesters are basing their legal fight on the Charter of Rights and Freedoms, as well as principles of fundamental justice. (CBC)

Occupy Fredericton protesters filed a small claims lawsuit against the City of Fredericton, Mayor Brad Woodside and another city official on Tuesday.

The protesters' downtown camp was dismantled by city staff on Jan 3, as a police officer stood watch.

The protesters contend city officials did not have the authority to tear down their camp 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.

They had previously pledged to challenge the eviction in court.

On Tuesday, protester Julian Renaud filed the 10-page claim in Fredericton's Court of Queen's Bench on behalf of himself and fellow protesters Dana Hartt and Alex Davenport.

It names as defendants the city, the mayor as an individual and the city's director of engineering and public works Murray Jamer also as an individual.

The protesters are representing themselves, Renaud told CBC News.

"We are primarily seeking a declaration that the actions of the defendants were unlawful," he said.

"In addition, we seek the return of our property or compensation for it, and $5,000 per defendant due to the breach of our constitutional freedoms."

Small claims are valued under $30,000.

The defendants now have 30 days to file a statement of defence.

But the Occupiers are still open to settling outside of court, said Renaud. They do not intend to set up another camp, he said.

Election timing 'purely coincidental'

The lawsuit comes in the middle of the municipal election campaign, with Matthew Hayes and Andre Faust, who were connected to the Occupy movement, running for Fredericton mayor and city councillor respectively.

The timing is "purely coincidental," said Renaud.

"We've given them every opportunity to settle this," he said. "We've given them several letters and we've waited a long time for them to respond and they haven't, and we've spoken to them over the phone, in person, everything.

"We've given them every chance, and you know that takes time. And they haven't gotten back to us."

Protest dates back to October

Fredericton Mayor Brad Woodside had the camp dismantled after vowing to negotiate with the protesters. (CBC)

The Occupy camp had been set up at Phoenix Square, next to Fredericton City Hall, on Oct. 15, and the protesters stayed there for weeks without any problems.

In November, Mayor Woodside told CBC News he wanted Fredericton to be a "shining example" for the rest of Canada on how to deal with the Occupy protesters.

At the time, he said there was no plan to follow the lead of other cities, such as Halifax, and evict the protesters. He wanted to negotiate with them, he said.

City officials asked the protesters to move by Nov. 23 so they could get ready for the annual Christmas tree lighting ceremony on Dec. 2.

But when the protesters didn't leave, the city ended up issuing an eviction notice, effective Jan. 1.

Woodside said he felt the public support for the protest had waned.

The Fredericton camp was one of the last remaining Occupy sites in the country.

Occupy Toronto tried to use the Charter argument to defend their camp, but a judge ordered the protesters to end their encampment at a downtown park.

The Occupy movement was spawned by a suggestion in Canada's Adbusters magazine, which prompted protesters to occupy a park near New York's financial district.

The Occupy Wall Street movement inspired similar efforts around the world. The movement — which held an international day of protest Oct. 15 — protests income inequality and social injustice.