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Court challenge issued on tent removal in Vancouver’s Downtown Eastside

Click to play video: 'Residents of Hastings Street tent city ask for judicial review of Vancouver Fire order'
Residents of Hastings Street tent city ask for judicial review of Vancouver Fire order
A legal filing on behalf of residents of the Hastings Street tent city in Vancouver is asking for a judicial review of the order by Vancouver Fire to clear out the encampment because it's a fire risk. Christa Dao reports – Oct 3, 2022

Two women who were sheltering in tents on Vancouver’s Downtown Eastside have launched a court challenge of an order to dismantle the street encampment.

A petition for judicial review filed to the B.C. Supreme Court argues the city’s fire chief made the order without procedural fairness to those living on Hastings Street.

The city’s fire chief issued the order July 25, saying the tents posed an extreme fire and safety risk.

Click to play video: 'Tensions flare during DTES tent city removal'
Tensions flare during DTES tent city removal

The petition, filed last week by law firm Arvay Finlay on behalf of the women, argues the fire chief did not properly weigh the consequences or consider alternatives.

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It says the Charter recognizes the right to shelter in public spaces and argues the process leading up to the order was unfair because residents had no notice of it, nor opportunity to address concerns with the fire chief.

No one from Vancouver Fire Rescue Services could immediately be reached for comment. The City of Vancouver, also named as a defendant for having jurisdiction over the fire department, declined to comment as the matter is before the courts.

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“Residents of Hastings tent city and their supporters remain hopeful that the court will recognize that fire safety cannot be considered in isolation from the harms and safety risks that people face while sheltering outside,” Pivot Legal Society says in a news release announcing the petition.

“Mass displacement, whether through street sweeps or enforcement of fire orders, is not a reasonable response that respects the rights of unhoused people.”

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