New Law Lets Police Force Homeless to Visit Shelter
Controversial legislation assailed by civil liberties advocates, NDP.
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Housing and Social Development Minister Rich Coleman introduced legislation today that will allow police to force homeless people to go to shelters during extreme weather.
"This act will give police a tool to say, 'You have to go to the shelter,'" said Coleman. Once offered a bed and a meal, most people will choose to stay, he said. "We just think we need the tool to get them there."
Police officers are to give people they deem at risk a choice between going to an emergency shelter or finding other accommodation on their own, the Assistance to Shelter Act says. "If a person at risk refuses to comply with or fails to respond to the police officer's request [to go to a shelter], the police officer, using reasonable force if necessary, may transport the person at risk to an emergency shelter."
It defines a "person at risk" as someone who is at least 19 years old who "in the opinion of the police officer is suffering physical harm or is at risk of suffering physical harm because of the extreme weather conditions."
The bill says the definition of "extreme weather" will follow the definitions cities are using in their Extreme Weather Response Plans, but the provincial cabinet can make regulations to adjust the definition.
Criteria in Vancouver include temperatures near zero with rainfall making it "difficult or impossible for homeless people to remain dry." Sleet, freezing rain, snow, high winds or temperatures below negative two degrees Celsius also count as extreme weather.
An earlier draft of the bill, The Tyee reported, would have allowed police to arrest people who refused to go to a shelter.
Law will prevent deaths: Coleman
Coleman described how police officers will be able to use the new authority today's bill will give them: "If you're on the street and you walk up to someone and you say, 'You know, it's 30 below zero and you're going to freeze out here.' And they say, 'I'm not going anywhere.' You say, 'Well actually there's a shelter and I have the authority to take you to the shelter.'"
He said the power is needed to avoid deaths like the one of the woman known as Tracey who died last winter in Vancouver after a candle in her makeshift tent started a fire.
"What the minister doesn't talk about is the 1,000 other people who were on the street in Vancouver that night who couldn't find shelter or where the shelters in fact wouldn't allow them to bring their few possessions with them or bring their pet with them," said Shane Simpson, the MLA for Vancouver-Hastings and the New Democratic Party's critic for housing and social development.
The legislation is silent on whether police will transport people's dogs, shopping carts or other possessions, he said.
"I think what we need to do is create opportunities and encouragement to get people off the street in extreme weather," he said. "Nobody wants people on the streets in extreme weather. But I don't think you do that in a heavy-handed fashion."
Housing strategy needed: Coleman
Forcing people to go to shelters is unlikely to be successful, Simpson said. "If there is somebody who is reluctant to go to a shelter, and the police use 'reasonable force' and take them to a shelter, what's the possibility they're going to stay there?"
Many people have reasons for avoiding shelters, he said. "They may have had bad experiences with shelters," he said. Perhaps they couldn't bring their belongings in with them, or they felt unsafe, he said.
"If the minister actually wanted to do something he would supply the resources and work more closely to develop additional barrier free shelters and to tell us what the housing strategy is to get 2,000 people off the street in Vancouver who are living homeless today in the city."
Police may already apprehend people under the Mental Health Act, said Simpson. They have a tool to get someone off the street if they are deemed to have a mental illness and be a risk to themselves or others.
The Assistance to Shelter Act fails to say how it will work with the Mental Health Act, but Simpson said he could imagine them working in tandem. "Is the implication here that if you agree to come to the shelter then you must be of sound mind?" he asked.
Coleman seems to be telling people who refuse shelter they're likely to find themselves considered mentally ill, said Simpson. "If you're opposed to coming to the shelter in extreme weather, then you must have a mental health issue so I'll use this other piece of legislation to take action."
Charter challenge inevitable: BCCLA
The bill is outrageous, said B.C. Civil Liberties Association executive director David Eby. "The idea of police forcing anyone to report to the nearest homeless shelter is concerning to us to say the least."
He questioned the government's motives, saying the law will likely be used to remove visible homeless people from places visited by tourists during the Olympics.
"The idea the minister is concerned about people being outside in extreme weather is absurd," he said.
"There's no possible way this is about saving lives, because if it was about saving lives they would be opening shelter beds."
The BCCLA or another organization will challenge the Assistance to Shelter Act, he said. "It's inevitable there will be a charter challenge of this legislation."
Coleman acknowledged the bill may face a charter challenge in court. "Our advice is this one could be challenged and frankly I think that's healthy," he said. Canadians need to have a discussion about whether officials should be able to force people into shelter for their own protection, he said.
The bill comes to the legislature the day before the Olympic torch relay begins. Asked if it is part of a plan to sweep the streets of homeless people before and during the Olympic Games in Vancouver, Coleman said. "That always comes up but I'm going to tell you it's absolutely wrong... This has got nothing to do with the Olympics."
Simpson said he could understand why some people in Vancouver think the bill is aimed at cleaning up the streets before the games. Presenting a strategy to end homelessness would reduce that cynicism, he said. "This legislation meets the need of the minister to look like he's doing something, it doesn't meet the need of the homeless." ![[Tyee]](http://thetyee.cachefly.net/ui/img/ico_fishie.png){kind=small}
mary jane
29-10-2009
responsibility by kids
An ethical caring government would give these people proper welfare. The real adults of BC know there have been thousands of jobs lost. gordos method of providing a social safety net is to punish people because they lost their jobs, have a family crisis or medical problem is by providing a mat on a floor somewhere. Its cheaper to give real welfare than give a homeless shelter about $100 a nite for a mat on the floor to someone who lost their job due to the global problems. Wasn't the global problem created by greed? Some have gotten the exact cost to tax payers for shelters.
Granted some people won't go in shelters because of bed bugs, fear of harm or fear of losing the little they have left of their life or possessions.
The welfare system is not enough to pay rent, eat one reasonable meal a day and keep clean enough to look for work. But its better than living on the street.
Is it any wonder people are saying the liberal party is dead. I feel sick when I see gordo on TV and am glad for the mute button
ReeferMadness
29-10-2009
Pathetic
If we took some of the six billion dollars being spent on the Olympics and related capital projects and spent some of it on low income housing, they wouldn't need to pass regressive laws like this.
make_up_another...
30-10-2009
It's A Tool To Help The Homeless!
Another milestone in the march towards making it illegal to be poor.
Conveniently, here is a law to force people off the streets in extreme weather, just in time to keep the streets clean for the games, which just so happen to be in the winter.
silvervalley
30-10-2009
If they truly want to help,
let the police be empowered only to offer a ride or a phone call. The power to coerce can expand.
How long before anyone who has the 'wrong' opinion or a sign on their property can be fined, harassed or jailed?
Hmm ... sounds familiar.
Jeffrey J.
30-10-2009
Olympic Sweep Up the Streets
As everyone in BC knows (who has read the amazing Five Ring Circus by UBC Prof. Chris Shaw), this law is a page from the standard play book done by every jurisdiction that hosts the Olympics. Each jurisdiction passed its own version of a set of laws that allow the police to evict the poor and homeless from the city.
Obviously, BC would be shamed if the world found out how unjust our society has become. We certainly can't have that.
More good coverage of a an issue that symbolizes the deep social inequality that now defines BC's citizens.
alive
30-10-2009
some prefer the street!
There seem to be 2 choices here:
Either you live on the street and survive with next to nothing, or you go to a shelter and everything has to be up to spec!
Whatever we do for the homeless has to meet so many requirements that it becomes expensive.
Has anybody considered that many homeless would be pleased to be able to just get in under a roof?
They can survive without sanitized beds and styrofoam cups; what matters is to have a place to sleep and a place to store their few belongings.
All the "minimum standards" we have do not necessarily apply to people who deliberately insist on living a different lifestyle.
Our conscience can be clear if we just make sure they do have the option to get out off the street when the weather turns ugly.
It is a different story with people who did not choose to live on the street, and for them we need to provide the opportunity to get a decent job.
coyoteman
30-10-2009
the democratic deficit...
It's all part of what has come to be known as, "the democratic deficit."
I mean they will deny the homeless poor welfare and "force" them into shelters, whether these folks consider it safe, or want to or not. Now, can you imagine "the system" even compelling adequate "regulation' on the ruling business class so that they are prevented or punished from/for ripping off small investors and consumers, and foisting massive unemployment on the victimized masses? Not friggin' likely. Can't interfere with the free operation of the free market.
Though they will get billions, even trillions in corporate welfare to save them from themselves when they do fuck up as a consequence of their own greed, you know that.
I can smell the coffee.
Wilfride Laurier
30-10-2009
General Strike!
It is time for a general strike, recall and class warfare! Just like last week!
coyoteman
30-10-2009
The police state continues to evolve...
"It is time for a general strike, recall and class warfare! Just like last week!"
Indeed it is Wilfride. It's just that no wine gets bottled before its time. Which is still maturing.
We'll all know, soon enough, when it's ready for tasting. There won't be any doubt.
carfreed
30-10-2009
dreadful
Has he ever stayed at a shelter?
I have.
I wouldn't wish it on anyone.
They have a choice, once they get there? If they refuse then what?
What if its full? Continous escort until they find one with space?
Crass
30-10-2009
as Coleman says...
"This has got nothing to do with the Olympics."
What more proof do you need to believe this has nothing to do about the Olympics?
Just listen to his words. He is so reassuring. I feel so much better that this has absolutely nothing to do with the Olympics now that Mr. Coleman has stated so.
On another note: A study was conducted in the last couple years or so that came to the conclusion that each homeless person in the Lower Mainland costs the taxpayer $55,000 per year, for medical treatment due to increased risks to illness, emergency treatment, etc. Only a person blinded by the assumptions of free market ideology (i.e. that poor people are poor because they didn't work hard enough; that rich people are rich because they work harder then other people) would continue down this path of utter stupidity.
Welcome to BC: "The Best Place On Earth"
Burnabyite
30-10-2009
People without homes;
One imagines all the folks mentioned herein will be moved to safe warm homes in Point Grey/Kerrisdale. We all understand how honestly concerned our Premier is for these poor unfortunates amongst us in East side Vancouver.
Our B.C premier is a man of empathy and is always there to assist and welcome them to the wealthy west side environs of Vancouver.
Fii
30-10-2009
Would be interesting to do a
Would be interesting to do a little experiment during the Olympics/in the lead up to them. Park yourself near a venue with your sleeping bag (and pet?) to see if the cops approach you and how they actually go about "forcing" you to a shelter....
Bob Watts
30-10-2009
Laws???
My father and grandfather fought for freedom. When the soldiers got back from War they came up with “Social Credit” AKA “Welfare”. The idea was that all Canadians would have a roof over their heads and enough food to remain healthy.
Why are there homeless people? What changed? Shelters are not the answer!
$56 million is being spent this year for 1,500 shelter beds/mats, that equals over $102 per night or just over $3,060 per month. The cost of shelters have gone up about $400 per month from the shelter rates last year.
This stuff makes me gag. Our leaders just don’t get it. The system our soldiers gave us worked, we did not go bankrupt, if anything Canada prospered under a fully funded welfare system. Business people just can’t grasp the idea that 100% of welfare dollars go them. How many apartment buildings where built in the 60’s finding a job took under 24 hours. Few homeless, no food banks. Welfare rates where 105% of the poverty line. Today welfare rates are 50% of the poverty line, 75% of the homeless are not on welfare. Housing is now shifted to non-profits, and the cost of this kind of shelter is 10X the welfare rate. Food Banks are now supplied directly from food companies, they dump their out of date waste and are issued an 80% of the value exempt tax donation.
salty dog
30-10-2009
Broadbased legislation
The problem with this legislation it`s too vague.
The police will escort the homeless person to a shelter,a shelter where? Nanaimo,Vernon,the nearest available, the act is vague.
But the scariest part of this legislation is the part about extreme weather,the bill states "extreme weather will be defined as what cities define extreme weather but cabinet can and may adjust definitions of what extreme weather is"
Coleman uses an example of ...if it`s 30 below zero....First off it never gets that cold in Metro,but....it does rain steady with temperature 2 to 4 celcius....Wind is mentioned, anyone expecting a typoon?
A typical Vancouver winter is damp/rain/ 2 to 5 degrees celcius...is that extreme?
That same temperature range exists in the fall and spring, if we get snow it will be slushy and warm,warm enough for kids to be sledding and playing outside, so is 6 inches of snow with temperature around 1 0r 2 extreme?...
Not as far as I`m concerned,if it`s warm and pouring rain is that extreme.....
I will consider the weather to be extreme when the tourists stay off the street.
But, if tourists and kids are out playing you can`t drag away street people.
But,you commenters are wise,you know,I know,the street people know they are going to be dragged away,and probably shipped out to Surrey or farther,and the shit will hit the fan AFTER the olympics and......
Who will be blamed for stomping on people`s rights, the province who will blame the city, the city will blame the 5000 private security not under military or municipal authority,Gregor and Gordoh will apoligize after the olympics and launch a feeble investigation that will lead no where.
That`s the game plan,anyone care to wager a pride bet.
Cheers-Eyes Wide Open
realisticman
30-10-2009
Tracey's Law
They all wanted something to ensure that Tracey's immolation wouldn't be repeated but now it's here - they don't want it.
Is anyone shocked?
Bob Watts
30-10-2009
Helping?
A disabled homeless man in a wheelchair was killed on the streets last winter, and coleman doesn't address that problem at all.
Disabled and homeless, these two words don't belong in the same sentence!!!
worried
31-10-2009
Homelessness
Let's not forget the 457 million dollars Gordo has just allotted for the new retractable roof for B.C. Place. It's so amazing how they seem to come up with millions for sports building roofs (Oympic Skating Oval 20 million extra for roof rebuild) but the cupboard is always bare for affordable housing construction.