Article content

An Edmonton lawsuit that could have national implications on how homeless encampments and tent cities are handled kicked off Wednesday as a human right group hopes to stop removals unless suitable alternative shelter is available.

The Coalition for Justice and Human Rights is suing the City of Edmonton, arguing the municipality’s policy and actions around homeless camps put vulnerable people in danger and violates occupants’ constitutional rights. The coalition is seeking an interlocutory injunction, a court order that would compel or prevent the city from certain actions pending the outcome of the broader lawsuit and constitutional challenge that could be years away.

Article content

Article content

Chris Wiebe, co-counsel for the coalition, told reporters outside the Edmonton courthouse Wednesday this legal action is part of the national effort to change the way municipalities respond to encampments.

“The coalition hopes to set a precedent that will not only change how encampments are responded to across Alberta but will add to the growing body of case law nationally that is making the case to government that enforcing actions against encampments aren’t the right approach,” he said.

This is happening, he said, while all levels of government look at how to make sure everyone has adequate housing, which unfortunately is not the case.

The city’s legal team argued Wednesday the coalition isn’t the right organization to bring this lawsuit forward.

Lawyer Megan Kyriacou told the court the coalition doesn’t offer significant services to unhoused Edmontonians and doesn’t have the local reputation and expertise to represent them. She argued other similar cases have included homeless individuals or large, more widely recognized organizations as parties involved in the outcome.

Article content

Article content

“It is in the public interest to ensure the appropriate party is bringing this litigation. We have concerns with a loosely-organized volunteer organization” representing action on this scale, she said.

“Our position is the coalition does not have a genuine stake.”

Court of Kings Bench Justice Jonathan Martin said this issue of standing has an “extremely important bearing on these proceedings.”

Also at issue were the coalition’s allegations in the lawsuit around personal property confiscated during encampment removals, such as a person’s tent, identification, and other belongings. The municipality is hoping to strike the coalition’s evidence on this, arguing a third party doesn’t have legal grounds to seek a remedy for this.

The city argued the affidavits for two experts shouldn’t be considered either because they are biased.

Lawyers for the coalition are expected to respond to the city’s arguments Thursday.

Article content

Wiebe told reporters the city’s encampment response policy results in “enormous loss of property” that breaches rights guaranteed in the Charter of Rights and Freedoms.

“You can’t mess with peoples’ stuff,” he said. “People in our community lose lots of stuff, including tents, including IDs.

“It’s not hypothetical, it’s real. You just have to ask the people who experience encampment evictions.”

Martin also extended the “interim interim injunction” until next Tuesday that sets rules on removals of eight specific sites deemed high risk. However, the final camp was dismantled on Wednesday.

[email protected]

@laurby

Article content