Judge holds decision on Saskatoon encampment injunction

A Saskatoon judge says he will spend at least the next 24 hours considering whether to grant an order pausing the city’s dismantling of an encampment in its west end.

Justice Richard Danyliuk told a Court of King’s Bench courtroom Monday afternoon that the decision is expected in a matter of days, given the importance of the issue that “needs to be decided swiftly.”

Saskatoon-based attorney Crystal Fafard filed for an injunction last Wednesday to prevent the clearing of an encampment at 301 Avenue K South and two other nearby sites, located at 1112 and 1202 19th Street West, until those living there can find shelter.

In her brief, Fafard told the court that there are reasonable constitutional and human rights concerns associated with moving encampment residents out without available housing options, adding that she wants the city to provide residents with measures such as sanitation as a temporary solution until they can find adequate housing.

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Last Thursday, the City of Saskatoon planned to dismantle two encampments on 19th Street West, but the fire department stopped after protests and disruptions from advocates.

In a news release, the city called the protestors “aggressive,” saying they made the site unsafe by blocking contractors’ equipment and climbing atop fencing stacked on vehicles.

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Fafard identified herself as an Indigenous advocate in a Court of King’s Bench courtroom Monday afternoon, filing the application on behalf of encampment residents seeking temporary relief until the status quo can be restored for them.

“Our concern is that this is now going to force people into other parts of the city. I mean, does Saskatoon want that?” Fafard told reporters Monday outside the courthouse.

The city says it started noticing the encampments around 20th Street growing in size earlier this month, noting dozens of structures stretching to nearby lots and an escalating number of complaints from nearby residents, businesses and an elementary school.

“There are growing concerns for public health as fire inspectors have observed human waste and rotting food, which have attracted insects and rodents,” the city said in a Thursday news release, adding it offered residents support alongside the Salvation Army, but many people refused them.

Attorney Alan Rankine, who is representing the City of Saskatoon, argued that there is insufficient evidence to suggest that removing the encampments will cause irreparable harm to those living there, noting the fire department’s right to act quickly in emergency situations.

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The province’s attorney general is also a respondent in the case because of constitutional issues raised by the applicant. Lawyer Noah Wernikowski highlighted Fafard’s lack of civil court experience and weak evidence from witnesses in her affidavit in his remarks made over the telephone.

“We had a very short time to pull this application together,” Fafard told reporters following Monday’s proceedings outside the courthouse.

“We were unable to get all the evidence needed for this particular application. We brought public policy issues forward, and we are hoping the judge will look at those instead of the rules of the court.”

David Fineday, an advocate who says he lives in the encampment, was emotional following Monday’s proceedings and says he is not optimistic about what will happen.

“From the feelings I got there, what the city talks about, [they] have no heart,” Fineday said.

“It made me cry to hear the city talk down to us like that. Like, what if you were homeless, would you want me to talk down to you?”

The city’s lawyer says Saskatoon will not take further action against the encampments until there is a court decision or an emergency requiring it to step in.