An interim injunction to stop the city from enforcing an eviction notice at an encampment outside of Abbotsford City Hall has been denied by the courts.
Justice Sandra Sukstorf on Thursday (Oct. 17) turned down the application from the Matsqui-Abbotsford Impact Society – on behalf of the Abbotsford Drug War Survivors – that would have allowed the occupants to temporarily stay on site.
Sukstorf stated in her written ruling that the presence of the encampment near city hall and the Abbotsford Law Courts "encroaches upon the rights of others" and "a broader public interest in maintaining order, safety and accessibility to the city hall precinct weighs more heavily."
But Sukstorf said the city must consider the "significant harm" that could result from displacing vulnerable individuals who depend on the encampment for services such as harm reduction and peer support.
"Accordingly, the injunction is denied on the condition that the city implement a phased approach to gradually reduce and relocate the number of encampment residents ... Displacement should only occur when adequate shelter options, including access to harm reduction services, are available," the justice wrote.
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.
"Procedural fairness must play a crucial role, particularly in ensuring that encampment occupants receive proper notice and a meaningful opportunity to be heard," she wrote.
City spokesperson Aletta Vanderheyden said the city will now work with the Abbotsford Police Department and “community partners” to enforce the trespass notice.
“As the judge’s decision was released this morning, we do not have a timeline that we can share at this time,” she said.
Vanderheyden said the city's lawyer will review the 74-page ruling and provide "additional advice" to the city.
She said the city will continue to work closely with BC Housing and the province to address encampments and homelessness in the community.
Impact executive director Brittany Maple said although the injunction was denied, the organization is pleased with portions of the justice's ruling, including "recognition of the serious charter rights violations associated with the City of Abbotsford's actions toward the vulnerable residents of the encampment."
"We are pleased that (the decision) clearly acknowledged the potential for irreparable harm if the residents are displaced without adequate alternatives," she said.
Maple said the court's decision restrains the city from enforcing its bylaws without first addressing the specific needs of the unhoused residents.
"The ruling mandates that any enforcement of bylaws must be phased and only carried out after ensuring that the necessary support – including harm reduction services and adequate shelter – are in place," she said.
"This is a clear acknowledgement of the residents’ charter rights and a directive that the city must uphold these rights before taking any action."
Maple said Impact and the Drug War Survivors look forward to working with the city "to ensure the dignity, safety, and well-being of every resident is respected."
The camp has been set up outside city hall since June 29 after it was moved from the previous location at Babich Park. It has been referred to as a “protest” calling for the city to set aside municipal land for unhoused people.
The city issued a “notice of trespass” at the site on Sept. 19, giving a deadline of noon on Sept. 23 for the campers to leave. Some of the camp occupants accepted housing, but most remained in place.
The Impact Society then filed a petition on Sept. 24, arguing that the city’s actions were violating sections of the Charter of Rights and Freedoms that guarantee equality before the law and the right to peaceful assembly.
In the meantime, the organization wanted a temporary injunction to prevent the city from dismantling the camp at least until the petition could be argued in court.
A day-long hearing on the interim injunction was held Oct. 2 in BC Supreme Court.
Maple argued that the group needed more time to hire a lawyer, gather more evidence, and prepare legal arguments for the judicial review.
“It is essential that this court grant an injunction to prevent further irreparable harm until this matter can be fully and fairly heard,” she told the court at the time.
City lawyer James Yardley argued that city bylaws prohibit overnight camping in the civic precinct outside city hall and that, as the encampment has grown in size, so have the problems.
He said it was costing the city $13,000 a month to clean the camp.
Following the hearing, Justice Sukstorf reserved her decision, saying she needed more time to consider all the arguments.
RELATED: Eviction notice issued for 'protest camp' at Abbotsford City Hall
RELATED: Encampment remains outside Abbotsford City Hall, despite eviction notice
RELATED: Arguments heard in court over encampment at Abbotsford City Hall
