By Dominic Abassi

Nanaimo’s tent city must vacate City land within 21 days: judge

Sep 21, 2018 | 10:52 AM

NANAIMO — A B.C. Supreme Court judge has given residents of Discontent City 21 days to vacate City-owned land in downtown Nanaimo.

In a written judgement issued Friday morning, Justice Ronald Skolrood said all campers must leave the site and “remove all items of personal property and all structures, tents, shelters, shopping carts, stoves, rubbish, objects, personal chattels, and other things on the Property.”

It also said they must refrain from re-entering the property without permission from the City. After 21 days, Skolrood’s ruling said the City and RCMP are authorized to remove everything in the encampment without recourse and arrest those defying the order.

Skolrood found the tent city “can no longer be safely maintained and occupied” due to a variety of key factors.

Those included what his ruling called active and aggressive opposition from some residents towards safety orders meant to address significant fire risks.

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While noting Nanaimo had a crime problem associated to homelessness for some time prior to the camp’s establishment, Skolrood said “I am satisfied that the concentration of people in the Tent City has led to an increase in such activity in the downtown core that is harming local businesses.”

The judge also referenced deteriorating leadership within the camp and the inability to institute and maintain a self-imposed governance structure.

“There is also evidence of criminal elements taking over portions of the Tent City which gives rise to very real concerns about the safety and well-being of residents,” Skolrood said.

Legal counsel for tent city argued the camp provided a safe community for homeless people to live in and keep their belongings safe, noting Nanaimo does not have enough shelter space available.

“While I have found that it is fair to assume that the number of homeless people in Nanaimo exceeds the number of shelter beds, there is no accurate evidence as to the number of truly homeless people in the Tent City.”

Skolrood also noted Nanaimo allows overnight camping in numerous parks and no Canadian court has recognized the right to create permanent or semi-permanent shelter.

The ruling came down more than two months after the City’s application for an injunction to remove the camp was heard during a two-day hearing in Supreme Court in Nanaimo.

After a much smaller protest camp on the lawn of Nanaimo City Hall was dispersed, local homelessness activists and organizers from other tent cities in B.C. began meeting and planning a more permanent demonstration camp to “hold the City accountable.”

Discontent City swelled to more than 300 residents after initially being established on May 17. It spawned two spirited protests involving hundreds of people both for and against the encampment. Online rhetoric was seemingly never ending as frustration from residents who felt victimized by the situation skyrocketed.

The camp cost the City nearly $80,000 in its first two months of existence, with expenses related to garbage removal, portable toilets, the installation of water and enforcement.

Tent city legal counsel Noah Ross said they’ve very disappointed by the decision.

“The only talk of alternative housing that was provided is for people to go into parks. That’s not an acceptable solution. No one wants homeless people in parks, homeless people don’t want to be in parks. They want to be in affordable housing.”

He said provisions allowing overnight camping aren’t enough and the camp’s residents will now be forced back into the streets.

Amber McGrath, one of the camp’s organizers, said they “have to comply with the law” and will now figure out how to remove the extensive camp within 21 days.

“Everybody is really angry at the homeless population, but they’re on our sidewalks, they’re in front of our businesses, in our parks, they’re everywhere. If they have a home, they aren’t disrupting people…So shouldn’t we just build housing for them?,” McGrath said.

Tent city resident Melissa Burkhart said the fact the camp existed for so many months proves there’s not enough suitable shelter space in Nanaimo.

Mayor Bill McKay said Justice Skolrood “ruled properly with respect to the safety issues with that site and we’re pleased.”

McKay said he does not agree with camp supporters who felt the City’s request to remove the camp was cruel and heavy handed.

“There’s significant issues with leadership and crime. It had to go and the judge agreed,” McKay said.

A statement from the City said they will work with the province and multiple agencies to conduct an orderly transition of occupants off the site, noting nothing will change in the immediate days following the ruling.

Skolrood’s ruling granted the City an interim injunction, referring the request for a permanent ruling to a full trial. He declined the City’s request to prohibit people from camping on any City-owned property. You can read the entire ruling here.

— with files from Spencer Sterritt

— Note to readers: follow NanaimoNewsNOW tomorrow for follow up coverage on what’s next and how officials intend to deal with the displacement of the camp’s 300-plus residents.

dom@nanaimonewsnow.com

On Twitter: @domabassi