The tent city is untenable as a long-term response to homelessness, the province said Friday as it applied for a court injunction to move campers from the lawn of the Victoria courthouse.
The smell of wood smoke filled B.C. Supreme Court as residents of the tent city crowded onto the benches of the public gallery. Victoria police officers and sheriffs kept a close eye on the campers, who walked into the courtroom backward and kept their backs to Chief Justice Christopher Hinkson when he entered.
Government lawyers argued that the campers are trespassing on the courthouse lawn, which is owned by the province.
The government is asking for an order prohibiting the campers from constructing new shelters and to stop setting fires and dumping garbage on courthouse property.
The province is also asking the court to authorize police to arrest and remove people from the tent city, but Hinkson indicated he will not make that order.
“If I am going to impose an order, there will be no enforcement clause in it,” Hinkson said. “If I grant a court order, I will expect police to do their job. And if they don’t, I expect them to stand before me to tell me why.”
During what is expected to be three days of proceedings, the chief judge allowed tent city residents, who identified themselves as “other unknown persons,” to sit at tables normally reserved for lawyers. Hinkson also allowed them to interrupt the proceedings with statements and questions.
Government lawyer Sarah Bevan said the campers have failed to comply with an order issued under the Fire Services Act and discouraged public access to the courthouse and the Justice Access Centre. They 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, she said. 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 is significant concern that young girls are being exploited, Bevan said. One 16-year-old girl was sleeping in a tent with her “street daddy.”
An affidavit written by Dr. Richard Stanwick, chief medical officer for Island Health, said smoke from a ceremonial fire has made the air unhealthy.
When Bevan told the court the province had created three transitional housing facilities providing accommodation for 128 homeless people, Hinkson asked if they were low-barrier shelters, which allow for easier access to services. He told Bevan he regards drug addiction as a health issue.
“If someone is drug-addicted and they are being forced to go somewhere that can’t accommodate their health issue, it’s not really much of an option,” Hinkson said. “I need to be satisfied there is accommodation that enables people to address their health issues.”
Ayam Avraxas stood up in court and said his tent city friends had been turned away from the new Mount Edwards transitional housing facility on Vancouver Street because the 38 beds had been filled by people from the Rock Bay shelter.
Campers have been on the courthouse lawn since last year, with a surge in numbers in the late fall. On Jan. 8 this year, the government posted a notice asking campers to leave the tent city. On Feb. 4, a second notice was posted asking campers to leave and remove their belongings by Feb. 25. On March 1, there were 97 tents on the courthouse lawn, according to an affidavit.
During a court break, the campers appeared to be pleased with the court process.
“So far so good,” said Kyle Right.
“The judge is very reasonable, understanding, passionate and has morals that were not expected, but were definitely appreciated.”
Donna Ambers, who calls herself the camp grandmother, said she was feeling very positive.
“Today when we entered at first, we entered backwards, acknowledging that the court is not a system that’s very fair to us. But we do have a really good judge. The ancestors are with us.”
Peter Kerr, owner of an apartment building across the street from tent city, said the last six months have been “hell.”
His tenants are asking for reductions in their rent increases and some units are vacant.
“The judge seemed to be concerned about the lack of treatment for mental illness, which is a health issue,” Kerr said.
“My comment to that is, there’s no treatment for better health or addiction issues at tent city either. At least if people were in shelters, they’d have some kind of supervision.
“The sirens, the yelling and the screaming, the smoke. It’s just intolerable. We’ve endured this for six months.”
Nancy Ford, Christ Church Cathedral’s deacon to the city, wrote an affidavit on behalf of the campers.
“From the beginning of November, I have walked over to the camp and I have never felt uncomfortable or threatened. I’ve always felt included and welcomed,” Ford said.
“There aren’t a lot of communities I can think of where you can go and have that experience …
“I’m hoping as we work in the system to look at these issues of housing that we can actually learn from this group of people.”
Together Against Poverty Society has hired Catherine Boies Parker to represent the homeless residents. It’s expected she will argue that if an injunction is granted, the campers will be forced to sleep in city parks and doorways.
“The justice system is a blunt instrument to address the challenges presented by homelessness in our community,” Stephen Portman, Together Against Poverty Society advocate, said in a statement. “The logical and moral path forward would be for the province to withdraw its application and to enter into meaningful discussions with the residents of tent city to resolve homelessness for the long term.”
Victoria police will again be called on to displace the homeless, and park staff and bylaw officials will again be forced to deal with dozens of encampments on municipally owned land, Portman said.
