Act Introduced to Force Homeless to Shelters!

[Hed Kandi]

Act introduced to force homeless to shelters
Next month, B.C. police could have power to remove people from the street in extreme weather
Jonathan Fowlie



Sun

Friday, October, 30, 2009


Police across British Columbia could have the power as early as next month to forcibly move homeless people to shelters during extreme weather.

On Thursday, Minister of Housing and Social Development Rich Coleman introduced the Assistance to Shelter Act, which would afford police the power to bring homeless people off the streets when an extreme weather alert is in effect.

The proposed legislation gives police power to use "reasonable force" to get people to the door of a shelter, though Coleman said that once there people will still have the right to decide whether or not they want to go inside.

After introducing the legislation, Coleman said the bill is intended to help save lives of the province's most vulnerable, though he acknowledged that crafting the bill was a difficult balance.

"This is one of the toughest pieces of legislation I've worked on probably in the last eight or nine years with regards to trying to get to a balance," Coleman said after introducing the bill Thursday morning.

Coleman added he believes the bill might be challenged in the courts, but said he welcomes that as being "healthy."

"To be honest with you, I think Canadians have to at some point decide whether our emergency service providers, and we as a society, should have some ability to help save a life when somebody is actually putting their life at risk," he said.

"We just think we need the tool to get them [homeless people] there [to shelters]."

David Eby, executive director of the B.C. Civil Liberties Association, raised several objections to the legislation, including a belief some people who don't want to go to shelters will be put at greater risk because of the law.

"These people will actually hide themselves away from police if they believe they are going to be taken against their will to a homeless shelter," he said, adding these people could end up in medical distress without being noticed by passers by or outreach workers.

New Democratic Party critic for housing Shane Simpson said the bill ignores the real problem taking place on the streets. "The bill itself accomplishes nothing that needs to be addressed here. It doesn't deal with housing issues, it doesn't deal with shelter issues," he said.

"Nobody wants people out on the street in extreme weather. But I don't think you do that in a heavy-handed fashion," he added.

Simpson also said he believes the law could put undue pressure on police.

In a statement, Vancouver police department spokeswoman Const. Jana McGuinness said: "We share the government's concern for the safety and well-being of the homeless. We have always taken extraordinary steps during harsh weather to ensure that they have safe and secure shelter, and this winter will be no different."

If passed, the new law will take effect immediately.

© Copyright (c) The Vancouver Sun


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What a joke! Who are they trying to fool?

The authorities don't give a damn about the homeless because if they did they would have enforced an "extreme weather" act last year during the record setting lows. Why doesn't the city just come forward and profess that they don't want the homeless tainting the city's euphoric image during the Olympics?

How ironic it will be if February proves to be very mild and the police continue to man-handle the homeless off the city streets. This has nothing to do with "extreme weather", for the city the homeless situation is simply a matter of "extreme embarrassment".

I hope for nothing more than for every single tourist, athlete, and media person to experience the REAL Vancouver, the sad sites that Vancouverite's must endure each and every day.

[delboy]

To me the whole thing reeks of a Charter violation under section 9 (unreasonable detention):

9. Everyone has the right not to be arbitrarily detained or imprisoned.

I highly doubt it would stand legal scrutiny. The courts would have to agree on what constitutes an arbitrary detention. Only way would be push to section 1:

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

I imagine pivot and civil liberties will be all over it.

Moreover, the mental health act can be used to arrest people if the police believe that a person's mental state represents a danger to themselves or others, so there are powers of arrest in force that could be used. There are also similar arrest provisions under the liquor control and licensing act.

[Hed Kandi]

It'll be interesting to see if it passes into law.

[geoff's two cents]

I'm sure you're both right - at least partially.

However, if this bill passes, it will likely owe something as well to the well-publicized incident of that homeless woman who refused shelter burning to death while trying to heat her tent outside. Legislation such as this can seldom be written in an ad hoc fashion - hence the delay. Whether one entirely agrees with it or not, it is at least proactive.

Conspiracy theorists should also note that this is for "extreme weather" only. In my 3 decades of British Columbian existence, I can't recall a single incident of extreme temperature lows in February.

[zivan56]

This will be struck down...its a no brainer. Can't they put people who are a risk to themselves in shelters under the Mental Health Act or something? I would be for that...fully against this particular law though.

[GeeCee]

IMO they should define certain temperatures which would automatically 'flick the switch' on this so that it isn't abused for the sake of the Olympics.

Given the state of social housing in the Vancouver area, this isn't really too viable for the long term. If we do, however, have enough social housing at one point in the future then I support legislation such as this and expanded versions (the desire to live on the street and subsequent refusal of shelter should be treated as mental illness, though isn't that really the whole problem of the DTES?).

[Yume-sama]

Their intentions are rather transparent, but, at the same time not EVERY place in BC has as nice of a climate as Vancouver. Though, even in Calgary, I don't believe it is "mandatory", however the city sets up temporary BIG shelters for when temperatures get below -30, and buses that take people back and forth in the evening and morning. Not that living outside even close to 0 or below is going to be that comfortable...