A BC Supreme Court judge reserved decision Friday, July 4 in City of Prince George’s third bid to clear a homeless camp out of Moccasin Flats.
After not succeeding in 2021 and 2022, the city is seeking an injunction to regain control of the land 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.
Justice Bruce Elwood heard arguments for much of the previous two days from lawyers for the campers. They said the city has insufficient suitable or accessible housing available for their seven clients and should not have made the court application until it did.
The city claimed there are 11 people sheltering on the site. The respondents said there are 18, but only three supportive housing beds are vacant and unallocated.
“They have potential eight beds, actual three beds,” said co-counsel Casey St. Germain.
“The’ve come before the court prematurely and are asking the court to grant a very unusual order. The city is certainly capable of getting people off the land, if they're offered suitable housing.”
The city, she said, does not need the court assistance, because it has not done the work needed to offer housing to everybody that needs it. If the city had 18 units available, but all 18 rejected the offer, “then that might be an appropriate time to come before the court.”
They also argued that the housing offered may be suitable for one but not suitable or accessible for all, due to inedible food, limited “harm reduction” supplies, absence of wrap-around services, minimal privacy, staff-conducted wellness checks without resident consent, limited security for personal belongings and a prohibition on pets.
The homeless individuals are prone to physical ailments and mental illness. Many are Indigenous, have histories of trauma and abuse, and suffer from addictions.
On Wednesday, July 2, Jeffrey Locke, representing city hall, said the city and province have “doubled down” to create enough housing to satisfy the court so that the site, also known as Lower Patricia Boulevard Encampment, can be cleared and remediated.
He reminded the court that, in May 2023, the city amended the Zoning and Parks and Open Space bylaws to allow temporary overnight shelter only between 7 p.m. and 9 a.m.
He pointed to the January-opened, Third Avenue supportive housing site “specifically designed” to meet court requirements to offer a “safe, comfortable facility where occupants live while long-term housing solutions are sought for them.”
Belvery Edward Johnny was the only defendant identified in the city’s February-filed notice of civil claim, since he is the only constant resident for the past three years. Defence filings also name Jessica Alec, Tom Beaudette, Jesse Boake, Quinton Campbell, Constant Lavoie and Johnnie Macburnie.
When Elwood adjourned the hearing and reserved decision, he said he had limited time before mid-August.
“I’m aware of the urgency of this,” Elwood said.
In spring 2021, encampments appeared on city-owned lands at George Street and Moccasin Flats, growing to 50 structures and more than 80 occupants by fall.
Campers were offered space in the BC Housing-acquired Knights Inn in November 2021, the month after the first court decision. The city lost another legal challenge in February 2022 when a judge said it breached the original order by tearing down the Moccasin Flats encampment in November 2021.
