Court denies injunction to stop Abbotsford encampment eviction
Judgment says city must consider 'significant harm' that could result from displacement
A B.C. Supreme Court justice has denied an interim injunction to stop the City of Abbotsford from enforcing an eviction notice at an encampment outside of city hall.
Justice Sandra Sukstorf rejected the application by the Matsqui-Abbotsford Impact Society — which is acting on behalf of a group known as Abbotsford Drug War Survivors — but said the city must consider the "significant harm" that could result from displacing vulnerable individuals.
Sukstorf's judgment says the city issued a trespass notice on Sept. 19 to people living in an encampment that has been occupied since late June.
The justice wrote that the encampment was established as a protest to the city's treatment of homeless people.
"Over time, the situation evolved from a protest into a larger encampment that acts as a refuge for unhoused individuals," Sukstorf said.
She found that the encampment — located within 100 metres of facilities such a public library, museum, theatre, and art gallery — "surpassed the bounds of a reasonable protest."
"The location the protesters have chosen encroaches up the rights of others, including other marginalized individuals who depend on the services offered by the city hall and those organizations located within its precinct."
The city's obligation to ensure public safety, she wrote, "must be weighed against the significant harm that could result from displacing individuals who rely on the encampment for access to harm reduction services and peer support networks."
Susktorf denied the injunction on the condition that the city take a "phased approach" to relocating encampment residents.
"Displacement should only occur when adequate shelter options, including access to harm reduction services, are available," she wrote.
Brittany Maple, executive director of the Matsqui-Abbotsford Impact Society, said that while the injunction was denied, they are encouraged that the court acknowledged the potential for harm and held the city accountable for providing suitable alternatives for the approximately 45 to 50 people living in the encampment.
"I think it's really incredible that the courts have recognized that this is a complex issue and that the decampment [does] cause irreparable harm," Maple said.
The City of Abbotsford said in a statement that it is pleased with the decision to deny the application.
The city said its lawyers are reviewing the judgment and staff will continue to work closely with B.C. Housing and the province to address encampments and homelessness in Abbotsford.
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With files from Sohrab Sandhu