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Court rules against encampment outside Abbotsford City Hall

Justice rules against injunction that would have allowed camp to remain temporarily
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The courts have ruled against an application for an injunction that would have allowed occupants to temporarily remain at an encampment outside of Abbotsford City Hall.

An interim injunction to stop the city from enforcing an eviction notice at an encampment outside of city hall has been denied by the courts.

Justice Sandra Sukstorf on Thursday (Oct. 17) turned down the application from the Matsqui-Abbotsford Impact Society 鈥 on behalf of the Abbotsford Drug War Survivors 鈥 that would have allowed the occupants to temporarily stay on site.

City spokesperson Aletta Vanderheyden said the city will now work with the Abbotsford Police Department and 鈥渃ommunity partners鈥 to enforce the trespass notice.

鈥淎s the judge鈥檚 decision was released this morning, we do not have a timeline that we can share at this time,鈥 she said.

Vanderheyden said the city's lawyer will review the 74-page ruling 鈥 which hasn't been released publicly 鈥 and provide "additional advice" to the city.

She said the city will continue to work closely with BC Housing and the province to address encampments and homelessness in the community.

The camp has been set up outside city hall since June 29 after it was moved from the previous location at Babich Park. It has been referred to as a 鈥減rotest鈥 calling for the city to set aside municipal land for unhoused people.

The city issued a 鈥渘otice of trespass鈥 at the site on Sept. 19, giving a deadline of noon on Sept. 23 for the campers to leave. Some of the camp occupants accepted housing, but most remained in place.

The Impact Society then filed a petition on Sept. 24, arguing that the city鈥檚 actions were violating sections of the Charter of Rights and Freedoms that guarantee equality before the law and the right to peaceful assembly.

In the meantime, the organization wanted a temporary injunction to prevent the city from dismantling the camp at least until the petition could be argued in court.

A day-long hearing on the interim injunction was held Oct. 2 in BC Supreme Court.

Brittany Maple, executive director of Impact, argued that the group needed 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 told the court at the time.

City lawyer James Yardley argued that city bylaws prohibit overnight camping in the civic precinct outside city hall and that, as the encampment has grown in size, so have the problems.

He said it was costing the city $13,000 a month to clean the camp.

Following the hearing, Justice Sukstorf reserved her decision, saying she needed more time to consider all the arguments.

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Vikki Hopes

About the Author: Vikki Hopes

I have been a journalist for almost 40 years, and have been at the Abbotsford News since 1991.
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91原创

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