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Supreme Court Upholds City of Abbotsford’s Bylaw for Homeless Camp at City Hall

Abbotsford – October 17 UPDATE – Supreme Court Justice, Sandra Sukstorf released her decision to uphold the City of Abbotsford’s bylaw.

Justice Sukstorf denied the application by Matsqui-Abbotsford Impact Society on behalf of the Drug War Survivors for an injunction preventing the City of Abbotsford from implementing its bylaw and closing the homeless encampment at City Hall.

From the City media release: The City of Abbotsford is pleased with Justice Sukstorf’s decision to deny the Drug War Survivor’s injunction application and uphold our bylaw. The City’s lawyers will be reviewing today’s 74 page ruling by Justice Sukstorf and providing additional advice to the City. 

The City will continue to work closely with BC Housing and the Province of BC on addressing encampments and homelessness in the community.

Abbotsford Drug War Survivors have issued a statement:

The Abbotsford Drug War Survivors (DWS) are encouraged by the court’s recognition of the serious Charter rights violations associated with the City of Abbotsford’s actions toward the vulnerable residents of the encampment. While the court did not grant an immediate injunction, we are pleased that it clearly acknowledged the potential for irreparable harm if the residents are displaced without adequate alternatives.

The ruling underscores the life-threatening risks posed to the encampment residents—risks such as exposure to violence, extreme weather, and the ongoing toxic drug crisis. As the court stated, these risks are significant and may result in irreparable harm unless they are mitigated by appropriate measures put in place by the City.

Although the injunction was denied, the court’s decision restrains the City from enforcing its bylaws without first addressing the specific needs of the unhoused residents. The ruling mandates that any enforcement of bylaws must be phased and only carried out after ensuring that the necessary supports—including harm reduction services and adequate shelter—are in place. This is a clear acknowledgment of the residents’ Charter rights and a directive that the City must uphold these rights before taking any action.

We look forward to working with the City, as dictated by the ruling, to ensure the dignity, safety, and well-being of every resident is respected. This decision represents a significant step toward a more compassionate and just approach to addressing the needs of our most vulnerable citizens. We hope this serves as a foundation for future collaborative efforts to provide the necessary resources and support for the unhoused community, ensuring their welfare is always a priority.

We remain committed to working alongside the City to ensure that no person is left behind, and that the rights of all residents, housed or unhoused, are upheld with the respect and dignity they deserve.

ORIGINAL STORY – In June 2024, FVN reported: The Abbotsford Drug War Survivors (DWS) are supporting the residents of the Gladys Road Encampment who have relocated to Babich Park to establish a protest camp.

From their media release , they claim that this action is a direct response to the City of Abbotsford’s continued inaction concerning the urgent need for housing solutions for its displaced citizens.

The protest camp, supported by DWS peer staff from a resource trailer, aims to bring attention to the critical lack of designated legal camping spaces for the unhoused community. Despite multiple efforts to engage with the City and request appropriate spaces, there has been no viable solution offered.

As of Friday June 21, 2024, 52 individuals were residing in the Gladys encampment, highlighting the severe housing crisis in Abbotsford. BC Housing has indicated there are not enough shelter spaces to accommodate all individuals being offered shelter, as of this release there are only 10 shelter beds available within the city. Homelessness in Abbotsford has skyrocketed, increasing by 169% from 2014 to 2023, with 406 individuals counted as homeless in March
2023 and we know this statistic continues to climb. This exacerbates the urgency for the City to act.
We recognize and empathize with the frustration and concerns of the residents in the surrounding Babich Park neighborhood. The presence of the encampment underscores the dire need for immediate action from the City.
The community’s safety, peace, and enjoyment of the park are important, and we share the residents’ desire for a swift resolution.

The Abbotsford Drug War Survivors are asking the city for two things. Designate and Develop Legal Camping Spaces and Provide Sustainable Housing Solutions.

2024 Homeless Camp October Abbotsford Impact Society Brittany Maple IMG_1383

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