The civil trial to remove the Fairview encampment in Penticton wrapped up on Thursday after the province filed an injunction earlier this summer.
The lawyer for residents of the Fairview encampment in Penticton says people feel safer living there rather than being spread out across the community and that the province should have to show it has explored every other option before evicting them, arguing it could otherwise violate their rights.
The defence also argued that the City of Penticton doesn’t have the capacity to house the estimated 190 homeless individuals and highlighted a recent decision by Penticton council to reject a proposal to allow 50 tiny homes to be provided as low-barrier housing that could have provided space for some homeless individuals.
The court also heard arguments from government lawyers that the encampment poses a safety risk. According to the Penticton fire chief, there have been 80 fires at the site in the last year. Because the encampment sits on Crown land, the province could be held liable for anything that occurs at the site.
The justice who heard the case will provide her findings, along with a written explanation and a decision, on Oct. 14. Until then, the encampment will remain at the site.
If the injunction is granted, residents will have 48 hours to leave and dismantle the encampment, and the City of Penticton and the province will have to find a place to shelter the residents.
