City of Nanaimo denied enforcement order in tent city dispute

A B.C.Supreme Court judge has denied an application by the City of Nanaimo to use the RCMP to help enforce conditions of a fire order placed on residents of the local homeless camp, Discontent City.

The application would have given the city the authority to remove any structures, vehicles or objects that were in contravention of the order, which required safety measures be put in place to prevent accidental fires.

• Activists set up tents in Nanaimo to pressure city on housing issues

The city said occupants of the tent city on 1 Port Drive have not been complying with the fire order, with multiple fires reported at the site.

"As a city, we're disappointed as it's going to hinder our abilities to keep these occupants safe," said Nanaimo Fire Chief Karen Fry.

"Fire risk is still a huge priority, and it was never our intention to use the fire order as an evacuation of the tent site. It was really about keeping those occupants safe."

Residents pleased

Noah Ross, the residents' lawyer, agrees there is a safety issue in the campbut says residents feel safer together than alone elsewhere.

"For a lot of homeless people, police and other officers are a big part of their life and having an order where they could come in and arrest people for infractions as small as having their tent too close to someone elseor having a cigarette butt on the ground that was a really scary thought for people."

Ross says residents want to comply with the fire order but need the local fire department and B.C. Housing to help them by buying things like alternative tarps and fire extinguishers.

The camp has been in place since Mayand contains anywhere from 150 to 170 tents and structures.

• City orders Nanaimo tent city occupants to clear out within 72 hours

In July, the city filed for a permanent injunction to have it removed.

According to Nanaimo chief administrative officer Jake Rudolph, a decision on that application is expected in the coming weeks.

Rudolph says no matter the result of the injunction, the city is working with B.C. Housing to find permanent housing solutions for homeless campers.

With files from All Points West and Chek News