If the court system doesn’t order campers to vacate Nanaimo’s tent city, the situation will dissolve into anarchy, the lawyer representing the City of Nanaimo told B.C. Supreme Court on Tuesday.
Conditions in the camp have deteriorated to such an extent that camp residents and other members of the public are at risk, Troy DeSouza told the Times Colonist after his opening submissions.
Public hearings began Tuesday in connection with the City of Nanaimo’s application for an injunction against the tent city, known as Discontent City. The camp is located on industrial land owned by the city.
DeSouza told the court he feared different factions of the tent city could turn on one another in a “Lord of the Flies scenario.”
“The more that you’re in this tight, difficult environment, the more challenging it becomes,” DeSouza said outside court. “We’re trying to prevent further deterioration.”
DeSouza pointed to Chief Justice Christopher Hinkson’s 2016 decision to shut down the tent city on the lawn of the Victoria courthouse, which was based on evidence of deterioration and serious safety concerns.
Noah Ross, the lawyer representing tent city residents, presented his arguments Tuesday afternoon and is expected to continue today.
Ross argued that the court must consider the campers’ charter rights to safety and security, which would be violated if they were forced to pack up their belongings everyday. Because there are no daytime sheltering options, campers would be subject to more scrutiny from bylaw officers, Ross said.
Ross told the Times Colonist that the tent city is not a long-term solution but it’s the only one available until the city finds some supportive or modular housing.
The Supreme Court justice is expected to reserve his decision until a later date.
Nanaimo’s tent city was set up in mid-May and has grown to about 150 tents and 200 residents.
Saanich politicians are closely watching the outcome of the Nanaimo court case, which could inform their course of action in dealing with campers at Regina Park along the Trans-Canada Highway across from Uptown shopping centre.
The District of Saanich has issued cease-occupation notices but campers remain in the park. A notice to vacate has also been issued, along with two fire-hazard orders.
Saanich’s parks bylaw was amended to state that people who are homeless can camp in Regina Park between the hours of 7 p.m. and 9 a.m. They cannot occupy or remain in the park on a continuous basis.
The B.C. Supreme Court ruled in 2008 that it is unconstitutional to prohibit someone from erecting temporary shelter in a park if there are no available shelter beds.
