A BC Supreme Court justice has approved the City of Prince George’s application to close the encampment on Lower Patricia Boulevard, better known as Moccasin Flats.
Justice Bruce Elwood ruled on Thursday, Aug. 14 that the city can close the area to everyone except 20 people who have been camping there since July 2.
Elwood heard arguments from both the city and some of the encampment’s remaining inhabitants over three days in early July.
This successful application comes after failed attempts to secure judicial permission to close the encampment in 2021 and 2022.
Those 20 people will be offered housing by BC Housing, including at the nearby transitional housing site on Third Avenue, and then have seven days to leave Moccasin Flats.
However, they will be allowed to apply to the court for an exception to the order if they feel the offered housing is not suitable to them.
The City of Prince George sent an embargoed copy of the ruling and a media release to media outlets including The Citizen before they were made public.
The city, Elwood ruled, is allowed to enclose the entire area with a fence, remediate the land and prevent anyone from entering the area except for the remaining occupants mentioned above until they have been offered housing.
In early May, the city installed gates at either end of Moccasin Flats aimed at blocking vehicles but not restricting cyclists or pedestrians.
People are now prohibited from camping on the site and much remove their personal property from it.
Once the last remaining person has been removed, the city has permission to dismantle and remove any structures, tents, shelters, vehicles, bicycles, shopping cart and any other personal objects in the area.
The defendants in the case are ordered not to obstruct the city in its work.
“In the coming weeks, the city will begin the work of closing and remediating the (Lower Patricia Boulevard encampment), in accordance with “phased approach” set out in the order of Justice Elwood,” the city’s release stated. “The city will continue to support and cooperate with BC Housing in its work to ensure that encampment occupants are informed and supported as they transition into indoor shelter.”
In the same release, city manager Walter Babicz said the decision will allow the city to “move forward in addressing significant safety, health, and operational challenges at the encampment site, which have had real impacts on the neighbouring residents, businesses and the entire community.”
Mayor Simon Yu stated in the release that he appreciated the work of the city’s staff and lawyers on the file.
“It has been a long road and there is much more work to be done to address homelessness in our community,” Yu said. “As mayor I remain committed to cooperating and working closely with the province and our local social agencies to resolve homelessness in Prince George.”
In his ruling, Elwood found that the Third Avenue BC Housing facility satisfies part of an earlier ruling on Moccasin Flats that found that alternative housing was not available to inhabitants.
“Much has changed since the city failed to persuade the Chief Justice and Coval J. that there was sufficient available housing in 2021,” he wrote.
“The HEART & HEARTH initiative, the memorandum of understanding between the province and the city and the construction of the Third Avenue Site all reflect tangible progress and concerted efforts by government to address the needs of the occupants of the encampment.
“The relief that the City now seeks is better tailored to address the availability issue. The current proposal, based on a purpose-built facility and commitments from BC Housing, is more reliable than the general statements in the City’s evidence in 2021 about the projected availability of housing units.”
Elwood acknowledges that there are fewer units available at the Third Avenue facility than there are residents of the flats and as such “the injunction will not take effect with respect to the current occupants until they are offered a space at the Third Avenue Site.”
Additionally, Elwood said that BC Housing will prioritize Moccasin Flats residents for consideration of units at the site when they come available.
However, the justice acknowledged that the available housing might not be suitable to certain people experiencing homelessness due to factors like mental illness, past trauma and accessibility needs.
“On the other hand, it must be remembered that the combined effect of the city’s bylaws is that, once the injunction takes effect, there will be nowhere in Prince George where a homeless person can lawfully erect shelter from the elements, store their possessions or even rest during the day,” Elwood wrote.
Because of these factors, the justice ruled that there must be a process through which occupants of Moccasin Flats “who truly cannot access the Third Avenue Site to be exempted from the order.”
“However, for the reasons discussed, any such exemption must be limited to exceptional circumstances.”
While guests are not allowed at the Third Avenue facility, Elwood said there is no rule against couples being placed there or residents being invited into each other’s rooms. There is also work being done, he said, to place couples into adjoining rooms.
Regarding pets, Elwood said that the facility’s rule that they will be considered on a case-by-case basis for residents is a reasonable policy and not a barrier to accessible housing.
While one of the defendants is concerned that allowed open drug use at the facility could cause him to relapse, Elwood found that while it is a valid concern, it must be weighed against making the facility accessible to as many people as possible.
“No facility can fully address the needs of every potential resident. For those who struggle with addiction, the Third Avenue Site offers better security, access to services and harm reduction than the encampment,” Elwood wrote.
At a 1:30 p.m. press conference at city hall on Aug. 15, director of administrative services Eric Depenau said that while permanent encampments will not be allowed at the site going forward, people will still be allowed to camp overnight at the part of the site at 498 Ottawa St. from 7 p.m. until 9 a.m.
“A previous court decision said that folks could be sheltered on the green strip at the end of Lower Patricia and that stretches about a kilometre long,” Depenau said. “We’re looking to make that a much smaller footprint based on the real needs of what we’ve witnesses over these years of having the site.”
Newcomers to the site who aren’t one of the 20 individuals named in the ruling will have their use of the space regulated under the city’s parks and open spaces bylaw going forward.
He said the 20 people identified in the ruling is lower than the 44 people who lived at the flats around the same time last year.
While the exact number of supportive housing spaces in the city is in flux, Depenau said that there have been about 555 additional doors made available since the original court decision.
“Something that I recognize, I think that others recognize, is today’s decision doesn’t solve homelessness,” Depenau said. “We have done good work to strengthen the system, whether that’s extreme weather sheltering options, whether it’s additional drop-in spaces or these rooms that we’re talking about. But we know that more needs to be done and we’re very pleased to see that we’re on a good trajectory as confirmed by the court and to continued strengthening this network of supports.”
Asked about what the city would do to improve the availability of daytime shelter sports, Depenau said he’s thankful for a strong network of supports in the community providing some of those services.
He also said there’s a weather response plan in the case of extreme heat or cold.
As for the exceptions that the 20 residents can apply for, Depenau said he wasn’t worried about them.
“We’ll respect the rule of law if folks choose to partake in those processes and work to understand how we can best support them,” Depenau said. “Ultimately, this is about a thoughtful and compassionate transition.”
