A Court of King’s Bench judge in Saskatoon has dismissed an emergency injunction request to prevent the City of Saskatoon from clearing an encampment located in the Pleasant Hill neighbourhood.
Justice Richard Danyliuk issued a written decision Tuesday, ruling the plaintiffs who brought forward the injunction request had no standing to do so.
The 46-page decision details several uses of hearsay and opinion contained in submissions from the plaintiffs, lawyer Crystal Fafard and Sheela McLean, while citing several documented warnings provided to the encampment occupants by the City of Saskatoon.
Fafard filed for an injunction last Wednesday to prevent the clearing of an encampment at 301 Avenue K South and two other nearby sites at 1112 and 1202 19th Street West until those living there can find shelter.
The Saskatoon Fire Department had plans to clear the two encampment sites on 19th Street West last Thursday, but paused its operations after being met with “aggressive protestors,” according to the city.
All efforts to remove the camps were then paused while the injunction matter was before the courts.
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In response to the decision, the City of Saskatoon said in a statement that it “remains committed” to working with its community partners and plans to continue following its established encampment response processes to provide support to those who need it.
“The City’s approach to the encampment has consistently focused on connecting individuals with available supports and services while addressing significant health and safety concerns for people staying at the site, the nearby school, neighbouring residents, businesses and the broader community,” the statement said.
It is unclear whether the city will move ahead with encampment clearing in the days ahead, with the city’s lawyers telling the court Monday it will decide next steps following a court decision or an emergency situation requiring its intervention.
In the decision, Danyliuk says the city was responding to a serious issue, given the various health and safety concerns of the camp, and that the city was not seeking an “eviction” as argued by the applicants, since the land is owned by the city with there being no termination of occupation rights.
Fafard identified herself as an Indigenous advocate in a Court of King’s Bench courtroom Monday afternoon, filing the application on behalf of encampment residents seeking temporary relief until the status quo can be restored for them.
But the judge noted in his decision that this raised a procedural issue in the case, as Fafard appeared in court Monday as an applicant, lawyer, and witness simultaneously, which is prohibited in a Saskatchewan court.
Fafard told reporters outside the courthouse Monday that she had “very short time” to pull the application together and hoped the judge would look at the issue at hand rather than the rules of the court.
Danyliuk also acknowledged in his decision a worsening homelessness situation in Saskatoon, but says it is a matter that should be solved through policy rather than in a courtroom.
Both applicants are also ordered to pay the City $250 in costs for the case, with Danyliuk noting that costs that are “too high” could discourage future litigation.
Saskatchewan’s Attorney General was an intervenor in the case because it raised constitutional concerns.
The city says it started noticing the encampments around 20th Street growing in size earlier this month, noting dozens of structures stretching to nearby lots and an escalating number of complaints from nearby residents, businesses and an elementary school.
With files from Chris Vandenbreekel
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