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Vancouver Police Cst. Shane Aitken talks to a homeless man in the downtown eastside of Vancouver, B.C., Wednesday, November 29, 2006. Scores of homeless people roam the bleak Downtown Eastside.
Richard Lam/The Canadian Press

B.C. drafting law to force homeless into shelters in cold

The Canadian Press
By Dirk Meissner, The Canadian Press Posted Monday, September 21, 2009 7:51 PM ET

VICTORIA - The B.C. government is drafting a law that gives police the power to force people to go to homeless shelters during bad weather this winter - a law critics claim is aimed at cleaning up Vancouver streets in time for the 2010 Winter Olympics.

B.C. Housing and Social Development Minister Rich Coleman said Monday the proposed law will give police the extraordinary power to bring people to homeless shelters, but doesn't compel them to stay once they arrive.

The law will be the first of its kind in Canada, despite British Columbia's more temperate climate, and it's already raising alarm bells among civil liberties groups who say the B.C. government is considering forcing the homeless into jail-like circumstances on the eve of the Olympic Games.

"There's a body of people out there who always want to tie everything to the Olympics,'' said Coleman. "It had nothing to do with the Olympics. It strictly has to do with that fact that I think if you have something that at least allows them (police) to take them to the door of the shelter.''

He said homeless people taken by police to a shelter will have the opportunity to sleep in a warm place, eat a meal, store their belongings and consider medical, mental or addiction treatment.

"If they choose not, that's their choice,'' Coleman said.

The Liberals have said they wanted to end homelessness in Vancouver in time for the Olympics, but despite purchasing and renovating numerous run-down skid row hotels, thousands still call the streets home.

He said the death of a homeless Vancouver woman last winter prompted him to seek the new powers for police.

The woman, known only as Tracy, died in a fire after refusing several police offers to take her to a shelter. The woman died from injuries she suffered after she started a fire in an attempt to keep warm.

But the B.C. Civil Liberties Association said it's obtained ministry documents about the government's proposed Assistance to Shelter Act that raise concerns.

The documents say the government expects constitutional challenges, and originally suggested allowing the police to place homeless people in jail cells if shelters were full.

Coleman said the documents were an early draft and the jail option is no longer part of discussions, but the government is exploring legal opinions on avoiding court challenges.

"There has to be an ability for the police officer to say, `let me get you out of the weather and see if we can save your life,''' he said. "I don't understand the civil libertarians sometimes. I think sometimes they should look at the civil liberties of all humanity.''

But B.C. Civil Liberties Association spokesman David Eby said the government's attempts to help may backfire.

"What the actual affect of this will be is that homeless people will actually hide out to avoid detection by the police,'' he said. "This will actually have the paradoxical effect of increasing risk to homeless people.''

Eby said the legislation could potentially turn homeless shelters into jails and shelter workers into jail guards.

He said the timing of the legislation - mere months ahead of the start of the Olympic Games - is "very interesting.''

Salvation Army spokesman Johnny Michel said wouldn't comment on the suggestion that the Olympics is a factor.

"I certainly would hope the motivation is to actually help people who could get sick and die in the cold weather,'' he said.

Opposition New Democrat Leader Carole James said the government has had eight years to help the homeless and she believes some people may believe it appears that their homeless law is being drafted for the Olympics.

Experts say it's difficult to know how many homeless people are living on the streets in B.C., but a study by researchers at three universities concluded up to 4,000 people were homeless in the Greater Vancouver region alone in 2006. And critics say that number has only grown.

Rumours surfaced soon after Vancouver was chosen to host the Olympics that the homeless would be jailed or bused out of town during the Games.

Coleman said there are 5,000 beds in homeless shelters in B.C. and 1,000 more under construction but Vancouver Mayor Gregor Robertson said the city needs more shelter space for the homeless.

"We have to have more space in shelters to accommodate these people and we saw this last winter, where all of the shelters were maxed out in the cold weather.''

 

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