Edmonton declares homelessness emergency, while judge scraps lawsuit against city's dismantling of encampments

The Cityof Edmonton has declareda housing and homelessness emergencyafter a lengthy, emotional and at times raucous council meeting that started Monday and wrapped Tuesday afternoon.

Councilvoted to support most of a motion from Mayor Amarjeet Sohi calling for action on housing and homelessness, but four councillorsTim Cartmell, Sarah Hamilton, Karen Principe and Aaron Paquettevoted against the part of the motion containing the actual declaration.

"We're making a promise as a municipality that we can fix this," Paquettesaid during the meeting. "We don't have the power, we don't have the authority, we don't have the budget."

It's a frustrating position the city finds itself in again and again, he said,with the provincial and federal governments responsible for housing, health and shelters.

All council members agreed to the remaining parts of the motion that called for action.

Those include creating a task force led by the mayor and city manager, in collaboration withbusiness and community leaders. The motion includes spending $3.5 million on finding innovative solutions,and attracting additional sources of funding through the task force.

It also directsadministration to make a list ofimmediate actions the city can do, such as offering city-owned land to service providers toincrease the number of Indigenous-led transitional spaces.

Sohihad put forward the motion to declare the emergency, as the number of people considered homeless in Edmonton remains double the pre-pandemic numbersabout 3,100 people.In 2023, 301people died as a result of homelessness, up from 200 the year before, Sohisaid, using statistics from city administration.

"I hear from business leaders, I hear from the social sector, I hear from community leaders that we're all willing to step up," Sohi said at the end of the meeting Tuesday. "And this is an opportunity for us to do so."

Sohi will now ask for a meeting withAlberta's social services minister, the federal housing minister and the grand chief of the Confederacy of Treaty 6 First Nations to discuss possible solutions.

The votecame after afractious meeting Monday, which at times erupted in shouting and angry laughter from the packed gallery.

Province disappointed

The provincial government took issue with the city's declaration.

In a statement sent out Tuesday evening,Municipal Affairs MinisterRic McIversaid the province had monitored the city council debate closely.

"It is disappointing that the City of Edmonton would choose to issue a performative declaration suggesting an emergency and implying a lack of response from our government," the statement reads.

When the word "emergency"is used, Albertans are used to stepping up and taking action directly, while that is not the intention of this motion, McIversaid.

"I look forward to my Government of Alberta colleagues announcing our action plan and response in the coming days."

Coalition loses lawsuit bid

Hours earlier at the Edmonton court house,ajudge ruled thata human rights group does not have the legal standing to sue theCity of Edmonton for itspractice of dismantling homeless encampments.

In a decision Tuesday, Court of King's Bench JusticeJonathan Martin determined that the Coalition for Justice and Human Rights does not have legal standing to represent the interests of peoplein the city experiencing homelessness.

The Edmonton-based coalition had filed a lawsuit in August over the city's encampment eviction policy, describing the approach as a violation of the human rights of people who live in the camps.

Thecoalitionhad been seeking an injunction to put restrictions on the city and police response to camps in certain situations, such as when temperatures get too low.

The City of Edmonton had asked the court to strike the action, arguing that the coalition lacks either private or public interest standing.

In Tuesday's decision, Martin said the coalition lackedexpertise and experience in advocating for and working with unhoused persons, and that allowing the case to proceed with the group at the helmcould set a concerning precedent.

Avnish Nanda, one of the lawyers representing the coalition, said he was disappointed but not surprised by the decision.

"There's a lot of difficulty when you're trying to hold governments and powerful folks accountable, particularly for the most vulnerable and marginalized in our society," he saidoutside the courthouse.

Nanda said his client will spend time looking at the decision before deciding whether or not to appeal.

In a statement, the City of Edmonton said it doesn't believe litigation is the best way to find solutions to homelessness.

"As we presented to the court, our lawyers felt the coalition did not meet the legal test for standing on this matter. While we are pleased that the court agreed with this position, our response to this legal action is in no way intended to diminish the City of Edmonton's concern and dedication to ensuring the safety of our unhoused residents and the well-being of our communities," the statement said.

Edmonton Police Service also got involved in the case, after gaining intervenor status. EPS lawyer Jeffrey Westmancalled the coalition a "heartfelt and sincere" organization, butsaid Chief Dale McFeeremains confident in the EPS approach to encampments.

"He wanted to show the public the very deep, meaningful, thoughtful ways that our police officers engage with vulnerable persons every day. And I think that that was done," Westman said.

The lawsuit and several inner-citycamp evictions that followed during the winter season have put the city's approach to encampments under intense scrutiny.

Months after the lawsuitwas filed, the city made plans to tear down eight inner-city encampments it had deemed a danger to public safety.

The planned sweeps by Edmonton policeprompted a series of interim injunctions, which set conditions forthe removals. Last week, after weeks of public outcry,tents at the eighth and final encampment were torn down as extreme cold blanketed the city.

The coalition had argued that it should be granted public interest standing in the case.

The group took the position that all other possible litigants face barriers to bringing legal action, and if they were prevented from challenging theremovals, the city'sbylaws and practices wouldbecomeimmune from court oversight.

The city arguedthat the coalitionhas no direct involvement with the issue, does not work with unhoused Edmontonians, does not conduct public outreach, and has no expertise in the matter at stake.

Martin disagreed with the city's assertion that only a person directly experiencing homelessnesscould bring the case but said the coalitionfell short of proving that it was the only party capable of bringing the lawsuit.

"This court recognizes the difficulties faced by unhoused persons, the need to ensure that their voices are heard and amplified," Martin wrote.

"But the circumstances of this matter and the evidence before this court are insufficient to find that the coalition ought to be granted public interest standing."

WATCH | Councillors Aaron Paquette, Anne Stevenson discuss the homelessness crisis:

Encampments are symptoms of deeper failings: Edmonton city councillor

9 months ago

Duration 2:15

Councillors Aaron Paquette and Anne Stevenson joined Edmonton AM host Mark Connolly in studio to discuss why the City of Edmonton is calling on provincial and federal assistance to support vulnerable Edmontonians.

The mayor and council metwith provincial government officials Tuesday morning.

Paquettesaid the provincial government has a critical role to play in addressing the chronic issues surrounding poverty and housing in Edmonton.

"Housing, shelters, mental health, addictions these are all provincial responsibilities but because the city tries to address the gaps, by no fault of the public, they start to think that it's the city that's responsible for this, which is frankly not the case, but we do what we can."