The City of Abbotsford has filed an appeal of a court ruling that lays out steps that must be followed to remove occupants of an encampment adjacent to city hall.
The conditions imposed in the court ruling on Oct. 17 included a list of services the city must provide to the camp occupants.
A post on the city website on Thursday (Nov. 21) states that the city “does not have the mandate, authority or funding to provide these services.”
“Many of these services are outside of our control and/or jurisdiction, like providing housing options, harm reduction services, mental health assessments, and addiction and overdose prevention services,” the post states on behalf of city council.
“All of these services are provided in B.C. by the provincial government through agencies like Fraser Health and BC Housing (not by municipal staff), and the residents of Abbotsford pay taxes to the provincial and federal governments (not to the city) for the provision of these services.”
The city is asking the courts to have the conditions removed.
The ruling by Supreme Court Justice Sandra Sukstorf stated that the encampment cannot remain, but that the city must follow a “phased approach” in reducing and relocating the occupants.
Sukstorf said among the conditions the city must meet when dismantling the camp are to store and protect individuals' belongings at no cost for up to six months, avoid taking down shelters when residents are absent, and assist occupants during relocation.
“Displacement should only occur when adequate shelter options, including access to harm reduction services, are available," the justice wrote.
One of the other requirements in the ruling was that the city prevent new arrivals to, or an expansion of, the encampment.
The camp has been in place since June 29 and was the subject of court proceedings after the city issued a notice of trespass on Sept. 19, which was challenged by the Matsqui-Abbotsford Impact Society – the parent organization of the Abbotsford Drug War Survivors (DWS).
DWS is the advocacy group for the camp residents.
Following the ruling, the camp occupants remained in place, but 10 of them were removed on Tuesday (Nov. 19) because the city said they arrived on site after the court ruling.
Britanny Maple, executive director of the Impact Society, said the individuals who were forced to leave were connected to the camp prior to the court ruling. Some of them didn’t have tents at the time and were staying with others, she said.
The post on the city website states that city council agrees that “homelessness is one of the most challenging issues” in the community.
“However, as a city council we also have a duty to ensure the our residents are no unfairly paying to provide services that are the responsibility of other levels of government, and for which they have already paid taxes to those senior levels of government to receive,” the post states.
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