A hearing is scheduled to take place next Tuesday (Oct. 1) in BC Supreme Court in Abbotsford to determine whether occupants of an encampment outside of city hall should be allowed to stay 鈥� at least temporarily.
Abbotsford Drug War Survivors (DWS) 鈥� the group representing some 75 unhoused individuals 鈥� has filed an application seeking an interim injunction that would prevent the City of Abbotsford from enforcing the notice of trespass it issued last Thursday (Sept. 19).
If approved, the injunction would remain in place while a judicial review takes place over the city鈥檚 decision to issue the trespass notice and whether it can legally be enforced.
鈥淭he petitioners argue that the city鈥檚 restrictions on the encampment, including limiting shelter to public parks between 7 p.m. and 9 a.m. without providing safe, 24-hour alternatives disproportionately impact disabled and Indigenous community members,鈥� the application states.
The petition argues that the city鈥檚 actions violate sections of the Charter of Rights and Freedoms that guarantee equality before the law and the right to peaceful assembly.
鈥淭he encampment serves as both a necessary shelter and a protest against the housing and toxic drug crises,鈥� the application states.
DWS first registered a petition to the courts on Tuesday (Sept. 24), stating that the trespass notice and the timeline 鈥� to vacate by 11 a.m. on Monday (Sept. 23) 鈥� placed an 鈥渦nreasonable burden鈥� on the occupants of the camp. Most have refused to leave.
The document says that many of the individuals cannot leave due to disabilities and 鈥渢he lack of alternative shelter options.鈥�
DWS also states that the city provided a 鈥渉earing record鈥� dated Sept. 21 that claimed to address their concerns, but 鈥渇ailed to provide an actual hearing or allow for oral submissions.鈥�
DWS was not given enough time to seek legal counsel or to gather evidence and make legal submissions on behalf of the impacted individuals, the petition states.
鈥淭he lack of an opportunity for oral submissions before an impartial decision-maker contravenes the principles of administrative law and natural justice,鈥� DWS says.
Const. Art Stele, media officer with the Abbotsford Police Department, told The Abbotsford News on Monday (Sept. 23) that the APD is taking direction from the city on whether to enforce the eviction notice, based on what the courts decide.
City spokesperson Melissa Godbout also said on Monday that the plan, once the site is cleared, is to fence off the area and close it to the public for remediation. She initially expected the work to be complete by Oct. 2.
The group, calling themselves a 鈥減rotest camp,鈥� first set up in Babich Park in east Abbotsford in late June after being forced to move from their prior setups on Gladys Road.
The group remained in Babich Park for a few days before moving to the current location outside of city hall.
The city said on Friday (Sept. 20) that the eviction notice had been issued due to 鈥渟afety concerns鈥� about the growing encampment.
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