Nanaimo request for enforcement order denied
NANAIMO — A lawyer who went to the B.C. Supreme Court on behalf of homeless people considers it a small victory that the judge denied the City of Nanaimo’s bid for enforcement of a safety order aimed at occupants of the downtown camp known as DisconTent City.
The application was heard by Justice Ronald Skolrood on Monday afternoon.
Skolrood said it was too early to grant the city its application, calling it premature.
The city made the court application three weeks ago, to get legal support to remove objects deemed a fire or safety hazard on the site — tent tarps, awnings and other flammable materials in the camp, which is sprawled over an unused expanse of industrial land on Port Drive on the city waterfront.
“I’m very pleased,” said Noah Ross, who represents the more than 100 people living in tents and other temporary housing on the city-owned property. The city wanted “a sweeping order allowing for the criminalization of [violators] — criminal charges for violations of the fire safety order.”
The city made the application after emergency crews were called out in June to put out a small fire inside a tent where the occupant was asleep.
That led to an order by Skolrood, in late July, for camp occupants to obey the city’s firesafety order within one week.
For now, while the judge considers a separate city-launched injunction against occupants of the camp, he has stated it’s too early to grant the city additional enforcement powers.
Nanaimo Fire Chief Karen Fry called that decision “a little disheartening,” saying the city’s priority is for public safety, both of the occupants and those immediately affected by their actions.
“We have had reports and we have seen evidence three or four different fires have occurred at tent city,” Fry said.
“Whether they’re small or large, it really has the ability, in these types of [weather] conditions, to spread. We see how quickly forest fires take off.”
Ross questions the need for the city to petition the court for enforcement powers.
“There’s a lot of details that could be addressed by bylaw officers and by campers. We wanted to work with the city and this whole process to allow the camp to stay there, because it helps residents.”
Ross said residents have been asking the city to provide fire extinguishers and cigarette-butt containers for three months, but “they haven’t assisted our people.”
He said it’s unrealistic for city staff to expect residents to provide safety equipment.
“Homeless people don’t have a lot of money. That’s why they’re homeless.”
The camp has divided Nanaimo residents. Some want camp residents evicted and the site cleaned up, while supporters say it’s a symptom of a growing housing crisis among the unemployed and low-income earners.
Ross said governments can do more.
“The long-term goal is for people to have support for affordable housing,” he said. “Housing prices have risen dramatically in the last few years, so long term, we want more affordable housing.”
While it’s true the province can do more, Ross said Nanaimo city council must bear some of the blame, after turning down a $7-million housing grant for the Chase River area, after the neighbourhood came out against the project.
“The residents didn’t want it in their neighbourhood, [but] the city does have an obligation to address homelessness. Government should be doing more.”
Recent court ruling have allowed for homeless people to camp in public parks overnight, so long as they break camp in the morning so the public can use the space. Ross considers this no solution. “People can leave the camp and go in parks? That’s not acceptable,” Ross said.