A lawyer for the Moccasin Flats resident named in the City of Prince George’s third legal attempt to clear the site told a BC Supreme Court judge on Thursday, July 3 that city hall does not have enough suitable or accessible housing options available.
“The central issue is that with this date, by the city's evidence, there are 11 people sheltering in the park; the respondents’ evidence was 18,” Claire Kanigan said before Justice Bruce Elwood. “These numbers do fluctuate with time, but even if we are to accept the city's evidence that there are 11 people sheltering, they simply only have three beds available right now.”
Kanigan said there are eight units available at the 3rd Avenue supportive housing site, in various states of readiness, “three are currently vacant and unallocated.”
Kanigan, and co-counsel Casey St. Germain, argue that the housing offered may be suitable for one but not suitable or accessible for all. They cited a variety of reasons, including, but not limited 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 lawyers also say that homeless individuals are particularly vulnerable to poor physical health and compromised mental health. Many are Indigenous, have histories of trauma and abuse, and suffer from addictions.
A day earlier, the lawyer for the city, Jeffrey Locke, 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.
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.
The city wants Elwood to issue an injunction to authorize dismantling and removal of any structures, tents or items and to dispose them without recourse.
The city also wants to be able to refuse anyone the right to encamp or erect structures on city-owned property if they refuse to apply to BC Housing for suitable housing and daytime facilities or if they refuse such an offer from BC Housing or its partners.
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.
The hearing is scheduled to conclude Friday, July 4.
