B.C. Bill to Force Homeless Off Streets
Police Empowered to Take Homeless to Shelters in Extreme Weather
Nov 2, 2009
On Oct. 29, 2009, British Columbia Housing Minister Rich Coleman introduced Bill 18 – 2009 in the B.C. legislature. The Assistance to Shelter Act allows police to forcibly remove the homeless from the streets and take them to shelters under certain circumstances.
Provisions of the Bill
The proposed Act provides for the appointment of community representatives for certain designated geographical areas. The community representative has the right to issue an extreme weather alert in the area in which they have jurisdiction. When such an alert is issued, the representative must notify the Minister of Housing and the local police forces. The community representative also has the obligation to cancel the extreme weather alert when the temperature or other conditions improve. The Housing Minister and his specified delegates also have the power to issue and cancel these alerts.
Once a cold weather alert is issued and the police are notified, police officers have the power to assess people to determine if they are at risk. A person in a geographical area where an extreme weather alert has been issued is deemed to be at risk if they appear to be at least 19 years of age and are either suffering physical harm or at risk of suffering such harm because of the weather conditions.
If a police officer makes a determination that a person is at risk, the officer can ask them to either accompany him or her to a designated shelter or simply go to a shelter voluntarily. These shelters are those that have agreed to take all people who show up during extreme weather conditions. If the homeless person refuses both requests then the police officer can use reasonable force to take them to a shelter. However there is nothing in Bill 18 that requires that a person who is forcibly taken to a shelter remain there. Once they arrive they can immediately turn around and go back out into the cold.
Legislation Spurred by Death of a Homeless Woman
Tracy, 47, had lived on the streets of both Abbotsford and Vancouver for years. In one December night in 2008, temperatures dipped to -13 C with the wind chill factor. Tracy remained on the street in a lean-to that she constructed around a shopping cart. During that cold night she had contact with police officers on more than one occasion and each time refused their offers to transport her to a shelter. On the last occasion when she was visited by the police, she borrowed a lighter from one of the officers and lit some candles in her lean-to in order to keep warm.
Later that night a homeless man ran into a restaurant screaming that someone was on fire. As witnesses later stated, his pleas were ignored as the homeless were always yelling and screaming about something. By the time emergency personnel arrived, Tracy had burned to death. It was this incident that got politicians thinking about how to remove people like Tracy from the streets during extreme weather.
Criticisms of the Assistance to Shelter Act
The proposed legislation has its critics in spite of its noble intentions. NDP housing critic Shane Simpson thinks that the bill could violate civil liberties. He also questions what the term “reasonable force” actually means as it is not defined in the bill. The B.C. Civil Liberties Association agrees that the bill infringes the rights of the homeless. The Association claims that the homeless will simply move to more remote places in order to hide from police. This will make it more difficult for them to receive help even though they want help.
Some critics argue that this is not the way to help the homeless. Those who currently live on the streets would be better off if more affordable housing and residential shelters were constructed. Others, such as NDP leader Carole James argue that this proposed legislation is just an attempt by the Liberal government to hide the homeless from the eyes of the international media and visitors to the Vancouver area during the upcoming Winter Olympics. Some people feel that the bill is part of a general crackdown before the Olympics are held. Still other critics do not see the point of legislation that allows people to be taken to shelters against their will but also allows them to leave the shelter once they get there and go back out into the cold.
If the bill becomes law, it is anticipated that the constitutionality of the Assistance to Shelter Act will be challenged in the courts.
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