The City of Prince George is entitled to an order to close the Moccasin Flats homeless camp to full-time sheltering, according to a written Aug. 14 decision by B.C. Supreme Court Justice Bruce Elwood.
After failing in court in 2021 and 2022, the city sought an injunction to regain control of the land, also known as the Lower Patricia Boulevard Encampment, and refuse anyone the right to camp on the city-owned property if they refuse to apply to or receive an offer from BC Housing for suitable housing with daytime activities.
After a three-day hearing in early July, Elwood found the continuous occupation of city lands by an encampment is a 乌鸦传媒渃lear breach of the relevant provisions of the Parks and Open Space Bylaw and the Zoning Bylaw which prohibit camping and sheltering activity.乌鸦传媒�
But Elwood ruled that a provision must be added for a person subject to the injunction to apply to the court for a constitutional exemption.
He found that the city乌鸦传媒檚 proposed order satisfied the availability and accessibility conditions set by Chief Justice Christopher Hinkson, but did not give the city everything it sought.
Elwood said the injunction against daytime sheltering 乌鸦传媒渕ust be subject to limited judicial review for exceptional circumstances.乌鸦传媒�
Lawyers for the named defendants 乌鸦传媒� Belvery Edward Johnny (also known as Bel Johnny), Jessica Alec, Tom Beaudette, Jesse Boake, Quinton Campbell, Constant Lavoie and Johnnie Macburnie 乌鸦传媒� argued there was inadequate accessible housing available to meet the needs of the encampment dwellers and they must be permitted to stay.
Elwood乌鸦传媒檚 decision hinged upon the population of the encampment and quantity of available alternatives.
The city recognized the population varies 乌鸦传媒渁nd may not be accurately represented by the most recent count by BC Housing of 11 people on June 25 (or as of the date of the defendants乌鸦传媒� affidavit evidence that there are 18 occupants of the encampment).乌鸦传媒�
Last January, BC Housing opened the Third Avenue Site next to the encampment. It is built from ATCO trailers and includes 42 private rooms with single beds, laundry facilities, two meals a day, mental health support and naloxone anti-overdose kits.
乌鸦传媒淎s discussed, the city initially relied on dozens of units at multiple sites without regard to current availability, then revised that number to 16 units at two sites, and then further revised the number to eight units at the Third Avenue Site, of which only three were available for immediate occupancy on June 25th, and five may become available, but at an unknown date,乌鸦传媒� Elwood wrote.
So, he decided the terms of the injunction cannot be absolute and there must be a process to exempt those who truly cannot find shelter at the Third Avenue site.
乌鸦传媒淭he parameters of the judicial review will need to be defined, if and when the issue arises,乌鸦传媒� Elwood wrote. 乌鸦传媒淢y view (which is not binding on the judge who hears any such application) is that the grounds for review should be limited to serious mental illness that effectively prevents a remaining occupant from living indoors in a communal setting.乌鸦传媒�
