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A B.C. Provincial Court ruling from Friday (Oct. 29) has determined the tent city dubbed “Moccasin Flats” on Lower Patricia Boulevard in Prince George can stay in place. Chief Justice Hinkson in the Supreme Court of British Columbia ruled on the City of Prince George’s injunction request to remove two encampments; one on Lower Patricia Boulevard and one on George Street. The city’s application which was initially filed in August 2021 has drawn criticism from homeless advocates and the First Nations Leadership Council, because at least 79 per cent of Prince George’s homeless population is Indigenous. The effect of the ruling is that the encampment at George Street must be removed within seven days beginning Oct. 29. However, Hinkson ruled that the lower Patricia may remain until suitable housing is available. He said as most of the occupants of the George Street encampment have migrated to the Lower Patricia site, he finds it unnecessary for George Street encampment to continue. In his ruling, Hinkson ultimately found that there was inadequate shelter space available that the respondents could access, and they would also not be able to lawfully comply with the injunction without being in breach of the city’s Safe Streets Bylaw. The Safe Streets Bylaw allows for ticketing for behaviours such as asking
for money after dark or sleeping near doorways. The RCMP estimated approximately 50 tent structures inside both encampments with over 80 occupants with the vast majority at the Lower Patricia site. “The city’s assertion that there is enough housing available for the respondents makes no consideration of barriers to access to housing,” wrote Hinkson. He accepted testimony from the occupants of the encampments who asserted that they sought to access open or more shelter options in the city but were unable to do so because the facility was full or they didn’t meet eligibility criteria. “I accept the submission of the respondents that substance use disorders, lack of identification, the inability to meet application requirements, and the lack of bank accounts or records have prevented at least some of the homeless to secure alternate housing in downtown Prince George,” said Hinkson. The city relied heavily on the evidence of Charlotte Peters, manager of bylaw services for the city of Prince George but Hinkson said due to the hearsay nature of the contents of her affidavit, he was unable to rely on much of her evidence. He said there was no admissible evidence that crime has increased because of the encampments, or that homeless individuals sheltering together cause an increase in crime, or that displacing the residents of the encampments will lower incidences of crime. Hinkson also said there is no evidence the risk of fires in the encampment are any greater than those in other parts of the city.
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