The provincial government is applying for a court injunction to move campers from the lawn of the Victoria courthouse by Monday evening, but says it would allow overnight camping once the grounds are restored.
On Friday, the government will ask B.C. Supreme Court to order the campers to remove their structures, tents and belongings by 5 p.m. March 14.
The government will also ask for an order prohibiting the campers from constructing new shelters and ordering them to stop setting fires, dumping garbage and living on courthouse property, which is owned by the province.
If the order is granted, the government is asking the court to authorize municipal police and the RCMP to arrest and remove people from the courthouse lawn. Timing for enforcement of the order will be up to police. Victoria police were not available for comment.
Once the landscaping has been redone, the province is proposing to allow overnight camping on the courthouse grounds between 7 p.m. and 7 a.m. and 8 p.m. and 7 a.m. during daylight time, consistent with the City of Victoria’s parks bylaw.
The Victoria bylaw permits camping overnight in parks if shelters are full, but people are required to pack up every morning.
In court documents, which name 24 campers, the provincial government argues the individuals are trespassing in their continued use of the courthouse lawn. The campers have also failed to comply with an order issued under the Fire Services Act and discouraged public access to the courthouse and the Justice Access Centre, says the document.
The province alleges that the campers have created health and safety hazards by burning wood and garbage on open fires, burning candles in tents and defecating on the grounds in and around the tent city and in front of courthouse doors. The campers have also left garbage, including needles and syringes, on the property, and criminal activities such as stabbings and drug dealing have taken place there, the documents say.
On Jan. 8, the government posted a notice asking campers to leave the tent city. On Feb. 4, a second notice was posted asking the campers to leave and remove their belongings by Feb. 25.
But despite the creation of three transitional housing facilities providing accommodation for 128 homeless people, only 50 campers left. Between 60 and 70 tents are still standing on the courthouse lawn.
The provincial government said it plans to return the green space to its former condition so that it’s safe for public use. The province is asking the court to give the government time to remediate the site. Extent of the cleanup will be assessed after everyone has left, a government spokesman said.
