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Judge’s Oppenheimer Park decision due Tuesday

City of Vancouver seeks injunction to move campers living at park since July
oppenheimer
More than 200 tents are pitched in the park at Jackson and Powell streets. Photo: Dan Toulgoet

A B.C. Supreme Court judge will rule Tuesday morning on whether the Vancouver Park Board will be granted an injunction to dismantle a three-month old tent city in Oppenheimer Park in the Downtown Eastside.

Madam Justice Jennifer Duncan reserved her decision Monday after hearing arguments from both sides on how an injunction would better or make worse life for the campers.

Lawyer Ben Parkin, acting on behalf of the park board, told the court of concerns raised by a police inspector, a deputy fire chief and two senior city managers about the deteriorating state of the camp.

More than 200 tents are pitched in the park at Jackson and Powell streets but it is unclear how many are homeless. Reports vary from a handful people to the majority of the campers.

Parkin highlighted the court affidavit of Vancouver police Insp. Howard Chow who said the mood among the campers is “more hostile” and he believed the situation at the park “is close to boiling over.” That was, he said, because officers observed an increasing number of people with objects such as sticks, planks, shovels and pick axes that could be used as weapons.

In one incident recorded Sept. 21, a mentally ill man called 911 saying he was in “kill mode” and was going to cut off his head or kill people at the park, Parkin said of Chow’s affidavit. Police arrested the man under the Mental Health Act.

Lawyer Mark Pontin, acting on behalf of two of the campers, requested the court delay the injunction hearing for 10 days to give the defence team more time to prepare for the case. Three of the camp’s founders — Anthony Guitar, Dan Wallace and Brody Williams — also requested an adjournment.

Pontin argued that more time would allow lawyers to prepare affidavits and create a plan for an “orderly transition” from the park. Rushing a decision, he said, would mean a lost opportunity to address the campers’ health and housing needs.

Many of the campers have issues with addiction, mental illness and serious health needs, including Jon Allen, a Canadian veteran of the Afghanistan war who is living in the park. Pontin said Allen was recently evicted from his housing and suffers from post-traumatic stress disorder.

“[His wife] covers his ears and keeps him calm when there are loud noises and fighting in the park, which triggers his PTSD,” he told the court.

The city announced last week that it reached a deal to open 157 units of temporary housing in the former Quality Inn at 1135 Howe St. that will open in November. Also, the city created another 70 shelter spots by transforming the former Kettle of Fish restaurant into a shelter and finding space at the Union Gospel Mission.

Parkin pointed out the city’s recent moves to open up more housing, saying “I’m not sure what more the city could do to create an orderly transition.” But, so far, only six people have moved into the 70 shelter spots, Parkin said as he referred to a court affidavit from the city’s chief housing officer Mukhtar Latif.

Outside the court, activist Anthony Guitar said he, Williams and Wallace planned to call a meeting in the park Monday night to update campers about the court proceedings.  

“If need be, maybe we’ll take 20 or 30 members of the camp here with us to the court tomorrow,” said Wallace, who like Guitar and Williams have housing but work on behalf of the campers.

If an injunction is granted, Guitar said, he believes many campers will remain in the park until permanent housing is offered — not shelters or temporary housing.

“This is going to be a bit of a showdown,” Guitar added.

mhowell@vancourier.com

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