An advocate for unhoused people in Abbotsford says city bylaw officers have tried to illegally seize the tent and possessions of an encampment occupant who is currently hospitalized.

Brett Van Bergen, coordinator of the Drug War Survivors (DWS) and a staff member with Matsqui-Abbotsford Impact Society, said the issue involves an occupant of the camp that has been located outside of city hall since last June.

The camp became the subject of court proceedings after the city issued a notice of trespass on Sept. 19 which was challenged by the Impact Society 乌鸦传媒� the parent organization of DWS.

The courts ruled in October that the encampment cannot remain, but that the city must follow a 乌鸦传媒減hased approach乌鸦传媒� in dismantling the site.

The ruling stated among the conditions the city must meet are that 乌鸦传媒渄isplacement should only occur when adequate shelter options, including access to harm reduction services, are available.乌鸦传媒�

The ruling also stated that the city must avoid taking down shelters when residents are absent 乌鸦传媒渦nless there is clear evidence of abandonment.乌鸦传媒�

Van Bergen said one of the camp occupants, who has been on site since the start, was hospitalized on Monday (March 24) due to a mental-health issue.

Van Bergen said he received a phone call on Tuesday that city bylaw officers had tried to remove the man乌鸦传媒檚 tent and belongings, but they ended up leaving and said they would be back the next morning.

Van Bergen was on site Wednesday morning (March 26) when two bylaw officers 乌鸦传媒� accompanied by two police officers 乌鸦传媒� appeared, again saying they were going to remove the man乌鸦传媒檚 items.

He said he calmly told them the man乌鸦传媒檚 tent 乌鸦传媒� which had a lock on it 乌鸦传媒� was 乌鸦传媒渃learly not abandoned乌鸦传媒� and the individual would be returning to the site after his release from hospital.

乌鸦传媒淏ylaw told me they were moving it and that it乌鸦传媒檚 an act of abandonment and that they乌鸦传媒檙e supposed to be removing people乌鸦传媒檚 things,乌鸦传媒� Van Bergen said.

乌鸦传媒淚 responded, saying, 乌鸦传媒榊ou can only remove people乌鸦传媒檚 thing when there乌鸦传媒檚 clear abandonment or when someone乌鸦传媒檚 moved into housing.乌鸦传媒� This clearly doesn乌鸦传媒檛 fall in line with either.乌鸦传媒�

Van Bergen said even though he was not aggressive, the bylaw officers threatened to have him detained. But one of the police officers suggested they go back and check with the city乌鸦传媒檚 lawyers to get more clarity about the court ruling.

The officers again left the man乌鸦传媒檚 items behind. Van Bergen later met with the individual in hospital and got a signed letter from him, confirming he did not abandon his belongings and is planning to return to the camp.

Van Bergen later showed the letter to the officers and, as of Friday afternoon (March 28), the man乌鸦传媒檚 possessions remain on site, with no clear indication that they will not be removed.

He said the issue is that if the man乌鸦传媒檚 tent is taken, he will not be permitted to return to the encampment because he would no longer be considered a 乌鸦传媒渞esident.乌鸦传媒� The court ruling states that the city must prevent new arrivals and/or new structures at the camp.

But Van Bergen said the encampment is the best place for the individual because it is the only location in Abbotsford that allows a tent to remain day and night. (A 2015 Supreme Court ruling allows tents to be set up overnight, but they are required to be taken down in the morning.)

The site also has ongoing support services, such as outreach workers and advocates.

Van Bergen said the city乌鸦传媒檚 actions are 乌鸦传媒渦nlawful and against this person乌鸦传媒檚 human rights.乌鸦传媒�

乌鸦传媒淭his is just state violence and bylaw officers seemingly breaking the law and trying to have advocates arrested for peacefully advocating,乌鸦传媒� he said.

City spokesperson Aletta Vanderheyden said bylaw officers were informed Wednesday morning that an individual wanted his belongings removed and secured off site "as he was anxious about leaving them at the encampment while he was in hospital."

"Later that afternoon, Bylaw Services was advised that, contrary to what was communicated earlier in the day, the individual would like his belongings to stay at the encampment. Because of this, the individual's belongings remain at the site," she said.

Vanderheyden said that earlier this month, the city was granted approval to move forward with an appeal of the court's October ruling.

She said the appeal challenges orders in the ruling that the city provide services that "municipalities do not 乌鸦传媒� and are not able 乌鸦传媒� to provide, including housing, harm reduction, mental health and addictions and overdose prevention services."

Vanderheyden said the provincial government 乌鸦传媒� and not the city 乌鸦传媒� is responsible for the funding, management and delivery of health-care services.

"The residents of B.C. pay the provincial and federal governments for the provision of these services each year through their income tax," she said.

The city hall encampment has been considerably reduced in recent months, with about 10 occupants currently remaining.

DWS is calling for the city to designate undeveloped municipal land as 乌鸦传媒渟afe and legal乌鸦传媒� camping space for unhoused individuals.