City of Edmonton faces further legal action over encampment clearings

Homeless people prepare to move as police and cleanup crews tear down homeless encampments in Edmonton on Dec. 29. The city is removing eight camps it has deemed high risk. (Jason Franson/The Canadian Press – image credit)

An advocacy group that accuses the city of breaching a court order dictating how and when encampment removals can be done will make its case before a judge Tuesday.

The Coalition for Justice and Human Rights alleges the City of Edmonton and the Edmonton Police Service have breached an interim injunction by failing to ensure there is adequate shelter space to accommodate people being evicted from the encampments.

The Edmonton-based coalition is expected to argue its case before Court of King’s Bench Justice Kent Davidson Tuesday morning.

Davidson granted the injunction last month, setting a series of conditions to be met before eight homeless encampments deemed risks to public safety can be cleared.

The coalition argues that the city is relying on provincial estimates for Edmonton’s shelter capacity and that the reports don’t accurately reflect the number of available emergency beds.

Displacing people from encampments is flawed, harmful and ineffective, the coalition said in a statement Monday.

“The interim injunction states that, when there is inadequate shelter space, closures should only proceed where there is an imminent risk to public health/safety,” the coalition said.

“People in encampments have not been told the reasons for their clearance, and they question if an imminent risk exists.”

The city has maintained that the encampments are too dangerous to remain standing and that it continues to abide by all conditions of the court order.

Police declined to comment on the alleged breach of the court order and referred questions to the city. Deputy Chief Warren Driechel is expected to hold a news conference on the encampment removals Tuesday afternoon.

The city has dismantled seven camps since the interim injunction was issued last month.

The order is set to expire Thursday, when court will hear an earlier application from the coalition, which has launched a lawsuit against the city over its policy of removing homeless camps.

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Cleanup crews tear down homeless encampments in Edmonton on Friday, Dec. 29, 2023.

Cleanup crews tear down homeless encampments in Edmonton on Friday, Dec. 29, 2023.

Cleanup crews tear down homeless encampments in Edmonton on Dec. 29. The city is defending its approach to camp removals as a court battle over the policy continues. (Jason Franson/The Canadian Press)

In a statement Monday, the city said it has been been “diligent and intentional” in following all requirements of the court order, and that it is providing notice to camp occupants and social agencies prior to the closures.

“We continue to follow the process set out by the court and seek to meet our obligations to ensure public safety,” the city said.

“In particular, the city has verified before all closures that sufficient shelter capacity exists to accommodate those persons needing to leave an encampment before any such closure occurs.”

The city said it has relied on provincial data to ensure there is adequate shelter capacity for encampment evacuees, and that capacity has remained below 95 per cent during the removals.

According to the city, 79 people have been displaced from seven different encampments since the evictions began two weeks ago.

The city said it couldn’t confirm how many people went to shelters and how many moved on to other encampments. City officials declined to give details on its next planned encampment clearing.

However, eviction notices have been issued to residents of the eight and final encampment earmarked for removal.

As of Monday afternoon, bright yellow removal notices had been pinned on a cluster of tents in the area of 95th Street and 101A Avenue.

The notices indicate that officers were preparing to tear down the encampment early Tuesday.

Jim Gurnett, spokesperson for the Edmonton Coalition on Housing and Homelessness, said the clearing of a camp in the Boyle Street neighbourhood had started Tuesday morning.

Originally Appeared Here

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