A BC Supreme Court justice has reserved her decision about whether an encampment outside of Abbotsford City Hall should be allowed to temporarily remain in place.
A day-long hearing took place Wednesday (Oct. 2) in Abbotsford after an application was filed by the Abbotsford Drug War Survivors (DWS), seeking an interim injunction that would prevent the city from enforcing the trespass notice it issued on Sept. 19.
If approved, the injunction will remain in place while a judicial review takes place over whether the eviction notice can legally be enforced.
Justice Sandra Sukstorf heard arguments from Brittany Maple 鈥� an advocate for the campers and DWS program coordinator 鈥� and the city鈥檚 lawyer, James Yardley.
Maple is also the executive director of the Matsqui-Abbotsford Impact Society, the parent organization for DWS. Because DWS is not a registered charity, an amendment will be made to the court documents to instead list Impact as the petitioner.
Maple, who was self-represented, said the injunction was being requested to give Impact more time to hire a lawyer, gather more evidence and prepare legal arguments for the judicial review.
鈥淚t is essential that this court grant an injunction to prevent further irreparable harm until this matter can be fully and fairly heard,鈥� she said.
鈥� 鈥� The residents of the Abbotsford City Hall encampment are entitled to have their life, liberty and security fully considered before any eviction can take place.鈥�
She said there are 鈥渟erious questions鈥� that need to be answered through the judicial process, including whether the campers鈥� charter rights are being breached.
Maple referenced two sections of the charter 鈥� one stating that 鈥渆veryone has the right to life, liberty and security of the person鈥� and the other in relation to equality before the law.
She said shelter spaces in Abbotsford are 鈥渦nsuitable and inaccessible.鈥�
鈥淲ithout safe housing options, evicting the encampment residents will leave them without shelter, exposing them to hypothermia, illness, violence and toxic drug poisoning,鈥� Maple said.
She said occupants of the city hall encampment currently have access to 24-hour on-site support, including harm-reduction services.
Maple said the city has not demonstrated that the encampment poses an urgent public-safety risk.
But Yardley said, as the camp has grown in size since it was first set up on June 29, so have the problems.
Among the incidents he cited were assaults, weapons being found by police, occupants defecating (before porta-potties were in place), and overdoses.
He said there were 23 days when weapons were found or recorded on site.
鈥淭here has been no shortage of public-safety issues associated with this encampment. It has not been a peaceful or serene place,鈥� Yardley said.
He said the city is paying around $13,000 a month to clean the camp.
But Yardley said the main reason the campers should be evicted is because they are breaking the law.
He said portions of the city鈥檚 parks bylaw encompass a 2015 court ruling on a previous encampment at Jubilee Park in Abbotsford.
Following a five-week trial, the judge ruled that structures can be set up in city parks overnight 鈥� starting at 7 p.m. 鈥� but they must be removed by 9 a.m.
The city bylaw lists the parks where overnight camping is allowed, and indicates that it is prohibited in the civic precinct outside city hall.
The encampment has also been referred to as a 鈥減rotest鈥� calling for the city to set aside municipal land for unhoused people.
Yardley said, under the city鈥檚 bylaw covering outdoor events, a permit is required to hold a protest. He said the current encampment does not have a permit nor did organizers apply for one.
Yardley said the Impact Society鈥檚 arguments for the encampment remaining on site have already been decided by the courts, including those involving the charter.
鈥淭he courts have addressed this 鈥� I鈥檇 say very definitively 鈥� and the city鈥檚 response and actions are consistent with, and based on, court law,鈥� he said.
Maple countered that the world has changed since the 2015 court ruling, including a skyrocketing increase in the rate of homelessness.
She said the 2014 homeless count in Abbotsford recorded 151 unhoused people. The 2022 count recorded 406.
鈥淭he landscape of the housing crisis and the toxic drug-poisoning crisis have exploded,鈥� Maple said.
Justice Sukstorf said she needed more time to consider all the arguments before making a decision on the interim injunction. She did not provide a date, but it is expected to take several days.
The city posted the notice of trespass on Sept. 19, giving a deadline of noon on Sept. 23 for the campers to leave. Although some accepted housing, most have remained in place since then.
RELATED:
RELATED:
