City of Prince George, B.C., can close homeless encampment, judge rules

3 days ago

The City of Prince George is entitled to an order to close the Moccasin Flats homeless camp to full-time sheltering, according to a written Aug. 14 decision by B.C. Supreme Court Justice Bruce Elwood.
After failing in court in 2021 and 2022, the city sought an injunction to regain control of the land, also known as the Lower Patricia Boulevard Encampment, and refuse anyone the right to camp on the city-owned property if they refuse to apply to or receive an offer from BC Housing for suitable housing with daytime activities.
After a three-day hearing in early July, Elwood found the continuous occupation of city lands by an encampment is a 'clear breach of the relevant provisions of the Parks and Open Space Bylaw and the Zoning Bylaw which prohibit camping and sheltering activity.'
But Elwood ruled that a provision must be added for a person subject to the injunction to apply to the court for a constitutional exemption.
He found that the city's proposed order satisfied the availability and accessibility conditions set by Chief Justice Christopher Hinkson, but did not give the city everything it sought.
Elwood said the injunction against daytime sheltering 'must be subject to limited judicial review for exceptional circumstances.'
Lawyers for the named defendants — Belvery Edward Johnny (also known as Bel Johnny), Jessica Alec, Tom Beaudette, Jesse Boake, Quinton Campbell, Constant Lavoie and Johnnie Macburnie — argued that the there was inadequate accessible housing available to meet the needs of the encampment dwellers and they must be permitted to stay.
Elwood's decision hinged upon the population of the enampment and quantity of available alternatives.
The city recognized the population varies 'and may not be accurately represented by the most recent count by BC Housing of 11 people on June 25 (or as of the date of the defendants' affidavit evidence that there are 18 occupants of the encampment).'
Last January, BC Housing opened the Third Avenue Site next to the encampment. It is built from ATCO trailers and includes 42 private rooms with single beds, laundry facilities, two meals a day, mental health support and naloxone anti-overdose kits.
'As discussed, the city initially relied on dozens of units at multiple sites without regard to current availability, then revised that number to 16 units at two sites, and then further revised the number to eight units at the Third Avenue Site, of which only three were available for immediate occupancy on June 25th, and five may become available, but at an unknown date,' Elwood wrote.
So, he decided the terms of the injunction cannot be absolute and there must be a process to exempt those who truly cannot find shelter at the Third Avenue site.
'The parameters of the judicial review will need to be defined, if and when the issue arises,' Elwood wrote. 'My view (which is not binding on the judge who hears any such application) is that the grounds for review should be limited to serious mental illness that effectively prevents a remaining occupant from living indoors in a communal setting.'

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Cambridge named as hotspot for copper thefts

CTV News

2 hours ago

CTV News

Cambridge named as hotspot for copper thefts

How does copper wire thefts impact communities? CTV's Karis Mapp shares the repercussions of this rising crime. As copper wire thefts become increasingly popular, part of Waterloo Region is being recognized as a hotbed for the crime. According to a news release published by Bell, the parent company of CTV News, copper thefts are up 23 per cent year-over-year. So far this year, 500 cases involving Bell wires have been reported and 63 per cent of those thefts happened in Ontario. ADVERTISEMENT Thieves will often cut and steal telephone wires, which contain copper. 'Over the past several years, the price for copper has gone up. That's made it a valuable commodity for thieves,' Eric Smith, senior vice president with the Canadian Telecommunications Association, said. 'They try to take copper and sell it as scrap metal for profit.' Telephone wires aren't the only target. Electrical utilities and construction sites have also been impacted. Cambridge, especially the Galt area, has emerged as a particular area of concern. 'We've seen 75 events so far this year alone,' Dana Lohnes, a director of field operations with Bell, said. 'That's up from 44 last year. I would say nationally, [Cambridge] is one of the hottest regions in all of Bell's territory.' When the lines are cut for nefarious purposes, it causes an outage for users. 'This is a health and safety issue,' Smith said. 'If people are in trouble and need to call 911 and their services have been knocked out, they cannot contact emergency services.' Business owners also feel the sting. 'They lose access to their point-of-sale system or to critical internet connectivity that they need to do day-to-day business,' Lohnes said. Rogers is seeing a similar problem, with vandalism blamed for at least 14 service disruptions in Waterloo Region and the surrounding area within the last year. 'Like other providers, we're seeing a troubling rise in vandalism to our network infrastructure across the country, causing service interruptions and affecting Canadians who rely on our networks to stay connected. When these incidents occur, we engage local law enforcement and our crews work around the clock to repair the damage to our fibre. Beyond being a significant inconvenience for our customers, these acts can have a serious impact on public safety,' an emailed statement from a Rogers representative said. Meanwhile, the Waterloo Regional Police Service is investigating the troubling trend. As of Aug. 17, 111 cases of scrap metal or wire thefts under $5,000 have been reported across the region. Almost half of those investigations were in Cambridge. Another 30 reports have been filed for thefts over $5,000. Twenty-three of those cases were in Cambridge. A recent case unfolded on Avenue Road when a downed cable was spotted lying across the street. Police said roughly 100 metres of Bell cable had been severed from the utility pole and a suspect or suspects made off with 30 feet of copper wire. The estimated cost of the damage comes in at $30,000, including repairs and replacement. Telecommunications companies are trying to find a way to cut off the thieves. 'They're investing million of dollars in enhanced security,' Smith said. 'Whether it's monitoring with humans, whether it's monitoring using technology – but you have to remember we've got hundreds of thousands, if not millions, of kilometers of cables traversing this country. You can't keep your eyes on all of it.'