The fate of the tent city on the courthouse lawn remains in limbo as the B.C. Supreme Court considers the latest bid to dismantle the camp and a fire order calls for it to be shut down.
Chief Justice Christopher Hinkson decided to reserve judgment Tuesday while he considers arguments from the province and tent city residents over the conditions at the camp and what to do next.
“I have four volumes to read. ... it’s unlikely I’ll have a decision this week,” said Hinkson, who stayed a fire order to close the camp until July 1.
This now leaves it up to the province and the Office of the B.C. Fire Commissioner to decide if the order to close the camp based on safety concerns will be enforced before the courts make a decision.
“I’m going to let you deal with the fire commissioner order,” Hinkson told the province’s lawyer Warren Milman. He did not say when his decision would be delivered.
During Monday’s proceedings, Milman proposed a phased closing of tent city that would see some residents moved out immediately to address fire concerns and others moved into housing as it becomes available. He said additional spaces at Choices in View Royal would be available July 4 and the Central Baptist Care Home, converted into long-term supportive housing, could open Aug. 8.
Catherine Boies Parker, lawyer for tent city residents, rejected the province’s claim that fire safety, criminal activity and sanitary conditions were any worse than before, saying the conditions aren’t unusual for people living on the street.
She said the province should move tent city residents into housing and consider closing the camp when that process is complete. If some campers refuse to leave, then the province can proceed with a trial.
“If the province is successful [in housing residents] then of course it can be shut down,” she said. “We are arguing a constitutional right ... to safe, secure, accessible shelter.”
Hinkson questioned the claim that tent city residents made serious progress in complying with a series of fire orders.
“It has evolved to ... where there are a whole variety of concerns,” he said. In regards to Boies Parker’s claim that residents turn tent entrances away from pathways for safety and privacy reasons, and against fire orders, Hinkson said: “This is public property not their own property. ... You’re talking about a charter expectation of privacy and I’m not sure I agree with you.”
He expressed to both sides a concern over hearsay evidence that was submitted.
During the court lunch break, tent city residents and housing advocates held a rally outside the Hotel Grand Pacific where federal, provincial and territorial ministers are meeting to discuss a national housing strategy.
Federal housing minister Jean-Yves Duclos dropped by the rally, shook hands and held a “Social Housing Now” banner before being confronted about what the government planned for social housing.
“We want to know how much money the Liberals are going to contribute to new social housing starts,” said Vancouver housing activist Ivan Drury, who led the rally.
Duclos said, “We’re investing $2.3 billion over the next two years to support the housing needs of our citizens across Canada We’re working across the housing spectrum which goes from homelessness to market housing.”
As he left the rally, protesters chanted, “Trudeau lies, people die.”
About 40 protesters walked over to the hotel and tried to get inside and speak to the ministers. They were stopped by security and police officers who had bicycles blocking the entrance to the hotel. There was some pushing but no one was hurt or arrested.
Later in the day, B.C. Housing Minister Rich Coleman held a news conference to conclude his meetings with the ministers and addressed the issues at tent city.
“My wish is we get some form of direction from the courts so we can complete a process over the next week or 10 days so people can move into homes,” he said.
spetrescu@timescolonist.com
— with a file from Richard Watts
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Video: Federal housing minister confronted at rally
Video: Social housing protesters try to crash ministers' housing strategy meetings in Victoria
