VANCOUVER -- The chief justice of the B.C. Supreme Court will announce his decision on whether or not to authorize the removal of homeless campers from Vancouver Port Authority land on Wednesday afternoon.
Chief Justice Christopher Hinkson heard arguments Tuesday morning on whether the group should be allowed to stay or be removed in response to an injunction filed by the Vancouver Fraser Port Authority.
The campers had moved to a parking lot near CRAB Park after rejecting provincially-provided hotel rooms and other accommodations for hundreds of people who’d taken over Oppenheimer Park in the Downtown Eastside with an encampment that had persisted for years. The deadline to clear the park was initially set for May 9 before being pushed back to May 20.
Amandeep Singh, who represented the defendants, argued that since the Port Authority is a Crown corporation and the Vancouver Police Department was enforcing the injunction, a Section 7 Charter claim should apply given that the campers are at risk during a pandemic.
“There is no statutory authority for an injunction, the act of enforcing an injunction would be unconstitutional and the defendants would have their rights abrogated at that point," said Singh, referring to the campers' right to security of the person.
“What the tent city provides them at this point is non-displacement, a safe environment...and a buffer in the middle of a pandemic to be in a confined area rather than the middle of the street.”
Singh added that the parking lot where the encampment is set up is typically used for overflow parking during the cruise ship season, which federal officials have said will not resume until at least October.
He also argued that “appropriate housing” was not available and provided affidavits from two people, one of whom said the space he was offered to leave Oppenheimer had a cockroach infestation and another who said there was no option where he could keep his dog; Singh insists there isn’t sufficient housing for everyone who needs it.
A lawyer for the Vancouver Fraser Port Authority pointed out none of the 20 affidavits submitted by the defendants claim that housing is unavailable. He argued that some of them have already been housed or have been offered housing, but have rejected what was offered to them.
“That evidence it not before the court,” said Daniel Coles.
Brian Mackie, who represented the Vancouver Police Department, told the court an enforcement order would be helpful in explaining their authority to enforce the injunction.
“The order doesn’t explain the rationale,” countered Chief Justice Hinkson. “If the order with signature of the Chief Justice isn’t going to work, why would an enforcement order?”
Mackie insisted it’s helpful for frontline officers.
“The Vancouver police are aware of the controversy in the jurisprudence with respect to enforcement orders, we’re simply saying in enforcing your order it would be more easily accomplished,” he said.
The chief justice asked a number of questions from the three groups of lawyers before announcing he’d announce his decision at 2 p.m. Wednesday.
