Pubdate: Thu, 16 Oct 2008 Source: Victoria Times-Colonist (CN BC) Copyright: 2008 Times Colonist Contact: http://www.canada.com/victoriatimescolonist/letters.html Website: http://www.canada.com/victoriatimescolonist/ Details: http://www.mapinc.org/media/481 Author: Rob Shaw, Staff Writer POLICE TO ENFORCE LAWS, BYLAWS IN TENT CITIES Officers Can Still Respond To Criminal Behaviours, Infractions, Despite Ruling Victoria's police chief says his officers will still enforce existing laws and bylaws if the homeless community builds tent cities on public property in the wake of a recent Supreme Court ruling. "The toolbox is not empty," interim chief Bill Naughton said yesterday. "This is a very narrow judgment with very narrow impact, and it's important to try to not extract more from the judgment than what it says. "It is not a carte blanche for a tent city, or open season, or [any] of those things." On Tuesday, a B.C. Supreme Court judge ruled that a city of Victoria bylaw, which prohibits people from erecting tents and large tarpaulins for shelter in parks and public spaces, violates the rights of the homeless. The ruling said that in the absence of sufficient safe and secure beds for the homeless, it was unconstitutional for the city to prevent them from erecting shelter for protection. The court case was launched after city broke up a tent city in Cridge Park, at the corner of Blanshard and Belleville streets, in 2005. Yesterday, Naughton said what started then as a political movement was quickly compromised by drug addicts and criminals. "What you saw was a downward spiral in terms of behaviour as the population began to shift," he said. There were assaults among campers and drug activity, he said, along with numerous at-risk vulnerable youth found living at the site. Enforcing criminal laws -- possession of drugs, assaults, etc. -- and bylaw infractions, such as fires, was key to controlling the community, he said. "All those behaviours are unaffected by this judgment," said Naughton. "You still can't light a fire in a public park, or do any of those things. There are still existing bylaws to manage those behaviours. And obviously we're going to respond to those behaviours. As I said, the [legal] decision doesn't contemplate the establishment of a permanent tent city." Still, the police are looking for direction from city council once it decides how to deal with the campers, some of whom have already set up tents in Beacon Hill Park. Recent police practice has been to generally let homeless people sleep undisturbed between 11 p.m. and 7 a.m., whereupon officers roust them from doorways and parks and ask them to move along. That will continue, for now, said Naughton. But it will be up to council to decide whether the leniency continues or applies to future campers, he said. Officers remain overworked as they handle numerous mental health and homelessness calls, said Naughton. If a tent city does appear, and grows, the police workload will increase significantly, he said. "But at this point I think it's premature to speculate," said Naughton. No special patrols were planned for tents erected at Beacon Hill Park last night. Police are expected to seek direction from council today at a meeting at city hall. - --- MAP posted-by: Larry Seguin