Lawsuit filed against City of Edmonton over encampment response

Canuck August 31, 2023 Canada, City of Edmonton, city of edmonton sued, Court Of Law, Crime, Edmonton Lawsuit, encampment displacement, encampment response, Homeless Encampments, Human Rights, injunction, Legal Action, Politics, Statement Of Claim

The Coalition for Justice and Human Rights (CJHR) is suing the City of Edmonton, claiming the “eviction and displacement of individuals residing in encampments” violates those people’s rights and freedoms.

A statement of claim filed Aug. 28 says the city is shutting down encampments on city-owned land and forcing people to leave even though there are not enough housing and shelter options for them.

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This puts vulnerable people in dangerous situations, the lawsuit alleges.

The CJHR cites Homeward Trust Edmonton’s data showing that, as of August 2023, there are 3,137 unhoused individuals in the city, 1,380 of whom “lack provisional accommodations each night and who stay in emergency shelters or outside.”

According to Homeward Trust, Edmonton’s unhoused population increased 71 per cent between 2021 and 2023, from 1,820 to 3,112.

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This number is likely higher, CJHR says, and there are currently only 843 shelter beds in Edmonton. Most shelter facilities don’t allow pets, accommodate families, offer storage for personal property or permit people to be under the influence of drugs or alcohol, CJHR said, adding some people don’t feel safe in shelters.

“There is no consideration under the policy if there is adequate shelter space to transition encampment residents into after a displacement,” the statement of claim reads.

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“In recent years, displacements have occurred without the availability of adequate alternative shelter or housing options for encampment residents. City of Edmonton encampment displacements routinely force residents to brave extreme elements without adequate shelter or other necessary protections, and as a result, many have been seriously injured or died.”

In a news release, CJHR cited numbers from the Edmonton Coalition for Housing and Homelessness, stating 156 unhoused individuals died in 2022 and 222 died in 2021.

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“The City of Edmonton’s encampment displacement policy causes irreparable harm to displaced people including decreasing their abilities to provide for their basic needs; loss of contact with essential supports, like family, friends, harm reduction outreach workers, housing-first workers, social workers, health care providers, or mutual aid/community outreach volunteers; loss of property; sleep deprivation, increased exposure to extreme weather; mental anguish, stress, anxiety, and trauma; worsening physical and mental health and an increased risk of death,” the statement of claim reads.

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“The City of Edmonton’s encampment displacement policy is also an ineffective and irrational means to accomplish any legitimate policy purpose, and causes unjustifiable and disproportionate harm to displaced peoples’ well-being and liberty.”

The legal documents also allege the city’s encampment response “breaches unhoused peoples’ right to freely assemble and associate; right to life, liberty and security of their persons; right against unreasonable seizure; right against cruel and unusual treatment; and right to equality, which are protected by the Canadian Charter of Rights and Freedoms.”

The City of Edmonton confirmed legal action has been taken against its bylaws and practices related to encampments.

“The city is carefully reviewing the documents provided, and is preparing to discuss its bylaws, practices, and commitments in court,” Chief People Officer and City Solicitor Michelle Plouffe said in a statement provided to Global News.

“While we will not debate the legal elements of the case outside the courtroom, we will simply say that we are preparing to vigorously defend the city’s balanced approach to keeping people safe while working with our partners to seek long-term solutions to ending houselessness in Edmonton.”

City of Edmonton encampment response process. City of Edmonton

Edmonton’s encampment response starts with peace officers assessing the risk level of a reported encampment (inactive, low or high risk). Crews are sent to inactive sites to clean them up.

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For low-risk encampments, social agencies and police are notified and a clean-up plan is set within a few weeks of investigation. Social agencies work with people living in the encampment to connect them with essential services, resources and housing, where possible. Later, peace officers and city staff close the encampment and clean up.

For high-risk encampments, closure and cleanup are led by peace and police officers and are accelerated based on the “level of risk posed to the health and wellbeing of people in the encampment and the surrounding community,” the city states in its response plan shared online.

The encampment response team is comprised of staff with the city, Homeward Trust, Boyle Street Community Services, Bissell Centre and Edmonton police.

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CJHR will be represented by lawyers Chris Wiebe from Engel Law Office and Avnish Nanda of Nanda & Company.

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“Due to the city’s policy of displacing encampments, unhoused individuals have endured severe hardships,” Wiebe said.

“These include the loss of essential personal belongings like tents, propane tanks and propane-powered stoves, ID, and bikes; disruptions in crucial relationships and support systems that enable unhoused people to protect and care for themselves and each other; and an elevated risk of injury, and even death from exposure to extreme weather.

“Unhoused people have the same rights as anyone, which include rights to personal property and rights protected by the Canadian Charter of Rights and Freedoms.”

The City of Edmonton has until end of day Monday, Sept. 18, 2023, to file its statement of defence.

The claims have not been proven in court.

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In terms of damages, the plaintiff is requesting declarations from the court that the city’s encampment practices violate Charter and Constitutional rights of the residents.

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The CJHR is also seeking an injunction to stop the city from forcing people out of encampments when the number of unhoused people exceeds the number of adequate and accessible shelter beds; or, as an alternative, to:

Stop the city from shutting down encampments on city-owned land when they’re in an area that’s large enough to safely accommodate encampments;
Stop the city from shutting down encampments when it’s forecast to be -10 C or colder for three or more consecutive days;
Stop the city from shutting down encampments when it’s forecast to be -20 C or colder for three or more consecutive days;
Stop the city from taking unsheltered peoples’ personal property without their express consent; or without both lawful authority and paying compensation.

The claim also seeks “costs, including special costs, full indemnity costs, and advanced costs, and applicable taxes on those costs.”