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B.C. introduces controversial homeless law
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By: Darcy Wintonyk, ctvbc.ca
Date: Thursday Oct. 29, 2009 11:03 PM PT
The B.C. government introduced a controversial law Thursday that allows police to force homeless people to go to a shelter - but won't give officers the power to make them stay.
Homeless advocates and provincial civil rights watchdogs have denounced the legislation, saying it is little more than a veiled attempt to clean up Vancouver streets before the 2010 Olympic Games.
"It's not surprising because it's happened in every other Olympic city but the timing is really obvious," Wendy Pederson of the Carnegie Community Action Committee told ctvbc.ca.
"It's not fair and it's going to be abused."
Housing Minister Rich Coleman denies the allegation.
"What today we're trying to do is establish a tool so that folks can go and help out folks who need it most to make a decision that may save their lives," he told the legislature while introducing the law.
Coleman says police must be satisfied a homeless person is at risk because of cold weather before transporting them to a hospital.
Under the act, a community representative will determine when extreme weather exists in a given area, however, Coleman will also have the power to issue a weather alert if he deems it necessary.
Related: Read the Assistance to Shelter Act
The law, which will apply to anyone over the age of 19, is expected to be put into effect this winter. The B.C. RCMP support the legislation. A draft version of the law leaked this week revealed considerations to allow police to take the homeless to jail, but that was later dropped.
Coleman says the government conceived the law after a Vancouver woman, known only as Tracy, burned to death last winter in a fire she started in an attempt to keep warm.
On the night she died, Vancouver Police had offered shelter space to 101 people, but 12 refused.
Pederson said the new law would do little to help someone like Tracy who go out of their way to avoid shelters, even in cold weather.
"This legislation will push people to find places that are out of the spotlight. They'll be hiding from police and it'll be more dangerous for them."
Constitutional challenge
David Eby, director of the BC Civil Liberties Association, said his group will be examining the wording of the legislation closely.
"As soon as it comes out we're going to monitor the constitutionality of it and we'll be working with other groups that work together with the homeless to mount a constitutional challenge," he said.
Eby said he's worried the legislation will be introduced too close to the Olympics to strike it down in time.
Last month, Vancouver Mayor Gregor Robertson said he wasn't sure the law was necessary and that the real problem is a lack of shelter space.
Although Coleman says there are 5,000 shelter beds in B.C., and 1,000 more being constructed in B.C., Robertson said current numbers aren't enough to house all of the homeless.
Wendy Pederson agrees.
"If the government really cared about the homeless they wouldn't have shut down two shelters in the summer. Period."
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Citizen x |
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You can lead a horse to water but you can't make him drink. I think the police will be wasting alot of time. |
Alice Zhou, Vancouver BC |
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What happened to democracy at it's core? Shouldn't people have the freedom to freeze their ass off if that is what they want to do? I think they should leave homeless people alone. This is a infringement on their rights in order to maintain Vancouver's reputation. I feel kinda bad for the City, no matter what you do, it's not a good choice publicity wise. |
bc grrl |
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let us begin our decent into madness! really, $$$ is being spent, force will be used, civil liberties are flying out the open window. this 'law' is a bad idea many ways around. example...a mentally ill person is forced into a shelter & suffers from a delusional episode (brought on by close contact with other people) and seriously hurts another person...that person is then subdued by staffers or police...that person goes to jail, does not get required mental health attention, is considered a 'threat to society', he/she either spends the rest of their life in a jail ward or they end their life. taxpayers foot the bill for the incarceration or the inquiries into the deaths. you know that this last statement is correct because that is what the government does! quietly take away our rights under the guise of 'common good', breed a good little generation of sheeple, no one to speak up against corruption and abuses of power. i weep for my country today, our fore fathers fought and died so that we would have a better life, i don't think that this is what they envisioned! |
Not buying it! |
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OK they may THINK we're stupid enough to buy this claim that this is not to sweep homeless from view during the Olympics BUT we are NOT! And they may have rewritten the law to hide that fact but the reality is the police officers will be arresting these people and in the process of assaulting these people will be able to claim that they were resisting and therefore be able to take them to jail. AND for those who don't care about THESE people's rights, remember your rights are easier to erode when others are taken away. Canada is not suppose to be a fascist country and if we need to act like one to hold an Olympics then maybe these Olympics are not 'all about peace' like they are marketed to be. |
Rod |
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AT LAST! the voice of reason. The place looks like afganistan. We should be getting this mob off the street. We can foce people to wear a helmet on a bike to keep them safe, we should be able to make people stay inside during winter weather to keep them alive. So sorry if it happens it get in the way of drug use. |
Gary |
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worry more about getting shelter space and offering that to people. Make the place safe with healthy food warm enough. They CHOOSE to stay outside and freeze to death I don't see how rounding them up like cattle is going to help |
robert |
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BC "grrl" should be writing fiction. get these people off the street, because they like you can't figure out what is best for them. unless of course dying is your answer. |
GMan |
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If they want to freeze to death, let them. It's one less problem to deal with. |
Dear Rod |
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Wow, Rod...way to be completely ignorant. First off, this law has nothing to do with benefitting or saving homeless people (seriously are you that ignorant) Secondly, homeless people don't avoid shelters because they cannot do drugs inside them. Shelters are unsafe, loud, crowded, full of bedbugs, lice and scabbies (all of which are expensive and difficult to treat and means you lose your belongings in order to be rid of them- something a homeless person sees as detrimental to their already difficult existence) If the government and society really want to help these people they need to overhaul the mental health system, offer consistent services and treatment for addiction that actually work, return to a type of society that does not have most of it's children living in poverty and slipping through the cracks (that look more like caverns under Gordo's regime) and create affordable housing. People like Rod will wonder why when their rights are taken away no one is there/left to help them. People like Rod cannot understand why when our government is allowed to chip away at basic rights of homeless people we all give up those rights. A law like this can be used and abused. A law like this goes against what many wars were fought to protect. |
Allan |
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Why is it the police have to do it? Have the fire truck drivers or the taxi drivers do it. After all the police don't have the power to make them stay there. After the high priced games are over, let them stay in the Olympic village. After all the tax payers are paying for it. |
Rod |
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Re "Dear Rod": First off, I have served in the armed forces for 14 yrs and completed 2 tours of duty Afganistan for my country. 2nd we are not talking about the police comming in to my yard, escorting my off to a shelter and infringing on my rights. It is high time these street people were were dealt with. In my thoughts anyone that does not have the good sense to get off the street in the winter should be made to to take shelter or confined under the Mental Heath Act. To "Dear Rod" have the guts to sign your name and your welcome for the your rights that I defend with my life. |
bc grrl |
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even the mayor of vancouver knows that this newest 'law' is not the answer to the problem, it is the social & services system that is in need of a complete overhaul. this province is too busy putting on a show for the world and erecting works of art to be bothered to work towards a solution to the issue. it seems that the bandaid solution is not working! forcing people into over crowded centers where they 1)need to leave their belongings at the door, 2)are faced with threats and intimidation by others, 3)are placed in direct contact with not only insects like lice, bedbugs & fleas but also the germs & viruses of the season, does not seem like a good idea! throwing $$$ at a broken police force does not seem like a good idea! if you are being forced against your will, do you not fight back? you are dealing with people who are distrustful of this society because all the ever see is the bad side of it! when was the last time you dropped some change to a homeless person? when was the last time your were disgusted by a homeless person? spending a fortune on 'low income housing turned leaky condo' does not seem like a good idea. for what is being spent, these units should be better built and should follow all building codes! robert believes that i should write fiction, well, all fiction has a place in real life! where do you choose to live, in the real world where life is hard & things are not always rosy or do you have a nice comfy rock to hide under? |
Greg |
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Rod, assuming you are even telling the truth about serving, if you were not fighting for basic human rights that says more about your moral outlook on life than wether Canadians should live in a society that disallows rights for marginalized citizens. You obviously have little understanding of the complex issues regarding these social issues. And finally, Rod, signing your website comment with Rod doesn't really give you any more credibility or worthiness. Rod is a common name and to suggest you are not essentially as annonymous as the rest of us commenters is laughable. 'dear rod' had a lot of reasonable points and if it hurt your feelings to have your opinion attacked then perhaps you should avoid leaving your opinion on public sites. |
Jason |
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Where would Human Right be, if one CHOSE to simply die off in the cold? The idea of Human Right is based on the priceless and irreplacable nature of human life. The Rights are there to protect human life, but NOT to allow people be ignorant with their own lives. If people CHOOSE to disregard the value and worthiness of human life, than their so-called "Rights" are devoid and unfulfilled. |
kay |
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One one hand there are people who criticize the government when homeless freeze to death on the street. On the other hand there a people who criticize the government for trying transport these people to shelters. While I personally feel that if a homeless person refuses to go to a shelter, they shouldn't have to... perhaps this might help the many who want to go to a homeless shelter and just don't have the means to get there. Overall, I hope that every person has the opportunity to have a safe warm place to sleep at night in the upcoming winter season. |
TheWorkingPoor |
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Perhaps we should reconsider where the shelters are located. Have we considered Ottawa? |
Laura |
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Well then let the freeze and die. Is that what you people want? When they die from the bitter cold you complain.....so when they next homeless person dies this winter I dont want to hear complaining....because quit frankly this province does a lot of it!!!! too many union workers. |
Rebel |
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There's Canadian Law. There's Martial Law. And there's Olympic Law |
WHAT |
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Take note of who votes in favor. So basically their first kick at the can was an option to lock them up, cause I'm sure they will resist, cause it is not right. You can't cherry pick your facts to favor such a bill. More shelters are proof of trying not a large jail for two weeks, cause that's what it sounds like someone is trying to do. US papers in some competition with us love talking about Vancouver's East Side. Why hide it! Fix it! At least attempt, how can you fail by trying something diferent. |
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A homeless man walks along East Hastings Street in downtown Vancouver, B.C.
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