By Dominic Abassi

Nanaimo files for injunction to shut down Discontent City

Jun 20, 2018 | 6:43 PM

NANAIMO — As promised, the City is asking the courts to order a substantial tent city to leave downtown Nanaimo.

On June 19, the City officially filed a petition in B.C. Supreme Court asking for an order to remove the tent city and its occupants. Legal counsel Troy DeSouza also submitted 21 affidavits outlining evidence of the alleged harm the camp is causing to the surrounding community.

“It’s not a matter of if, it’s a matter of when. There might be delays or procedural steps along the way but ultimately the tent city will be removed,” DeSouza told NanaimoNewsNOW. “This is a clear breach of the law which the courts have ample authority to make a decision on.”

DeSouza declined to offer specifics, but said the 21 affidavits were from City staff, RCMP, nearby businesses, and neighbours providing evidence of alleged incidents involving the tent city.

The camp, on City-owned land at 1 Port Dr. across from Port Place Shopping Centre, was erected on May 17. It has since grown to well over 100 residents. Nanaimo Council vowed to remove the camp with help from the courts, while organizers said they eagerly anticipated presenting their case in front of a judge.

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“It was an enclosed piece of property…Locks were broken to get onto the property and set up a tent city. Ultimately, the City is just seeking to enforce the law, as it is, in order to accomplish the goal as directed by Council,” DeSouza said.

He said while they’ve asked the court to move quickly to schedule a hearing on the matter, it’s impossible to predict how long the process might take. He said it took eight days from the time of filing to get an order to remove a tent city in Duncan last year, but more than nine months to achieve the same with Victoria’s infamous camp. DeSouza did not expect the Nanaimo situation to move through the court as quickly as the Duncan scenario did.

Noah Ross, legal counsel for a number of the Discontent City residents, said the evidence presented by the City outlines a variety of concerns, from an alleged overwhelming smell of urine to increased crime and disorder at nearby Port Place.

Ross said while RCMP are testifying to an increase in calls for issues at the mall, he wonders if calls have fallen off in other areas of downtown. He said he has an affidavit to file from a parent of students at Pauline Haarer Elementary saying they’ve seen a decrease in homeless related issues since the camp opened.

“We’re seeing a transfer of what can be described as harms associated with homelessness from different sites and congregating to one site. I would suggest that’s a good thing,” he said, pointing to more centralized services for homeless people in the camp and lower costs to the City to deal with the issue.

The B.C. Court of Appeal previously ruled when there’s a lack of shelter spaces or affordable and supportive housing, homeless are allowed to maintain tent camps under their Charter rights, Ross said.

“The City’s provided no additional units of housing. There’s been no move to provide modular housing or any other form of alternatives for the campers since the camp set up. Essentially they’re saying ‘Move on, go back to being in the woods, in doorways, playgrounds and we’ll deal with your problems by way of bylaw enforcement.”

He said the City argued in its affidavits that the land is not zoned for camping.

“Our response to that is, where is the City land that is zoned for campers? Where is the spot homeless people are supposed to be? Because there needs to be somewhere. There are homeless people here. The City is essentially trying to use the courts to enforce the proposition homeless people shouldn’t be anywhere.”

dom@nanaimonewsnow.com

On Twitter: @domabassi