By Spencer Sterritt

Judge sets mid-July hearing on fate of Nanaimo’s Discontent City

Jun 25, 2018 | 3:16 PM

NANAIMO — Both the City of Nanaimo and residents of the downtown tent city will have their day in court.

The Honourable Justice Robin Baird scheduled the two-day hearing for the week of July 16 in BC Supreme Court in Nanaimo. It’s part of the injunction request the City of Nanaimo filed against Discontent City to remove them from 1 Port Dr.

The City had asked for the hearing to happen later this week, in what’s known as a short notice injunction.

City lawyer Troy DeSouza, who’s been involved in the legal battles against tent cities in Duncan and Victoria, told Court the matter needed to be dealt with as early as possible.

“There’s significant problems the City is facing, certainly with some cost for that…garbage, public defecation, needles, shoplifting, all the way up to crime and general safety issues,” he said.

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However, Baird wasn’t convinced and denied the application for the short notice injunction. He said he understood the severity of the issues presented in the complicated case, but due process needed to be followed.

“I’m having difficulty characterizing it as something so urgent it has to be heard on Thursday of this week, rather than (July 16)…which, to my astonishment, life whizzing by at its present velocity, is in only two weeks,” he said.

The other issue Baird raised was making sure everyone involved in the case had time to learn about the hearing date. He explained eight business days are required to ensure people are aware of the hearing, have time to speak to legal representatives about it and then appear in court.

In the tent city matter, lawyer Noah Ross is representing several organizers from the early days of the camp, but he doesn’t represent all of the roughly 100 people who live there.

To ensure everyone has their say, 10 copies of the injunction filing and notice of the hearing will be left at Discontent City at their main tent.

Tim Huntsman, who appeared for Ross in court, said he was pleased Justice Baird wasn’t persuaded to move ahead with an earlier hearing.

“I think an underlying theme here is that everyone should have the opportunity to present their case before the court,” he told reporters outside the court house. “Something as important as this shouldn’t be allowed to be rushed through.”

DeSouza said though the City didn’t receive the short notice injunction they’d hoped for, a date is now set for the hearing and they know the tent city matter will be dealt with.

spencer@nanaimonewsnow.com

On Twitter: @spencer_sterrit