B.C. judge reserves decision on the fate of homeless encampment in Prince George

A B.C. Supreme Court judge has reserved his decision following a three-day hearing that concluded Friday in which the city is seeking an order allowing it to close a downtown homeless encampment and remediate the site.

The city's lawyer, Jeffrey Locke, argued that supportive housing in Prince George now exceeds the requirements set out in a previous court decision that saw the encampment gain legal protection. 

The encampment on Lower Patricia Boulevard, known as Moccasin Flats, was first established in the spring of 2021 on city-owned land, on an empty dirt lot between an industrial yard and a steep hill leading to a residential neighbourhood.

In August of that year, the city asked for an injunction to remove over 50 campers there, citing public safety risk and the need to enforce city bylaws on overnight camping. But in October 2021, the B.C. Supreme Court issued an order stating that residents could stay "absent other suitable housing and daytime facilities."

That ruling was upheld in a 2022 decision, after the encampment survived a partial demolition in November 2021, which the city subsequently apologized for.

Locke says, in 2023, the city changed its course of action and began working with the province and B.C. Housing to set up a 42-unit temporary transitional housing facility in Atco trailers on Third Avenue near the encampment. 

"The city, province, and B.C. Housing really doubled down on creating new supportive housing in Prince George," he said . 

Locke says the Third Avenue site serves as a safe, comfortable place to provide unhoused people with 24-hour access to secure private rooms and supportive services while they await long-term housing solutions. 

Fluctuating number of occupants 

The city says the remaining long-term occupant of the encampment is Belvery Edward Johnny, who was identified in the city's notice of civil claim, and has been living at Moccasin Flats since it was established. 

"The encampment, since the dismantling of Nov. 2021, has continued to be occupied by a transient population with the exception of Mr. Johnny, who has been there the whole time," said Locke. 

He says the city knows of 11 people still sheltering at Moccasin Flats and said eight rooms are being held at the Third Avenue Site for encampment residents in "various states of readiness". 

Locke said that as the number of encampment occupants and rooms available is constantly in flux, the city would not require the residents of the encampment to decamp until seven days after they had an offer of housing. 

"Now we have a seamless transition from homelessness until they have a home."

Suitable housing for vulnerable people 

Lawyers representing the residents of Moccasin Flats, however, argued that the city is premature in coming to the court seeking an order to close the encampment without housing readily available for everyone. 

Lawyer Claire Kanigan and co-counsel Casey St. Germain said they found there to be at least 18 residents remaining at the encampment and said there are only three rooms currently ready to be occupied at the Third Avenue site. 

Kanigan said there's no timeline as to when more beds will be made available and that the city should be able to prove they have enough beds before they're given permission to close the site. 

"The basic calculation of number of beds to number of people is foundational," she said. "It is not an overly onerous burden to meet." 

Kanigan said that because the city is also seeking the right to refuse anyone the ability to encamp on city-owned property if they refuse to apply to B.C. Housing or decline an offer from B.C. Housing, it would leave vulnerable people with complex needs with nowhere to go. 

The matter is further complicated by the city's Parks and Open Space bylaw, which was amended in 2023 to designate an area of Moccasin Flats as the only allowable place for temporary overnight shelter between 7 p.m. and 9 a.m.

"This would be highly problematic," she said. "My ultimate submission is that the level of evidence the city has brought to this court has continuously narrowed." 

St. Germain also argued that the housing offered may be suitable for some but is not suitable for all, especially individuals who are suffering from complex mental health issues and may not be able to follow the rules of the Third Avenue site. 

Locke said the Third Avenue site is intended to be broadly accessible but "cannot be everything, to everyone, all at once." 

At the conclusion of the hearing, B.C. Supreme Court Justice Bruce Elwood said he had a lot to consider and that he hopes to complete his written decision before mid-August.