Saskatoon Judge Allows Eviction of Pleasant Hill Encampment Housing 100+

A Court of King’s Bench decision has cleared a legal hurdle for the City of Saskatoon’s planned removal of an encampment at 20th Street and Avenue K, between the Pleasant Hill and Riversdale neighbourhoods.

The site housed more than 100 people. Lawyer Crystal Fafard had asked the court on Monday to stop the city from removing it, arguing the situation required an urgent response.

Court Rejects Urgent Injunction

Justice Richard Danyliuk denied Fafard’s request, citing her lack of standing as well as problems with procedure and evidence.

Fafard said the application was assembled under severe time pressure. “We had a very short time to pull this application together,” she told reporters after the hearing.

She later acknowledged that she had not been optimistic about the outcome because the application had been prepared so quickly, but said the court challenge was also intended to draw attention to worsening conditions for people without housing in Saskatoon.

“We knew we were not equipped to jump through many procedural and evidence hoops and requirements,” Fafard told the StarPhoenix.

Fire Department Cited Safety Concerns

The Saskatoon Fire Department had warned people at the encampment that it planned to remove the tents, CBC reported. The outlet also reported that the fire chief had deemed the site unsafe.

Fafard said the residents should be part of any plan for the site’s future. She said David Fineday, who attended the court hearing, was receptive to tents being removed if people were supported and there was a plan for shelter.

“He just doesn’t want violence and aggression coming in to tear down the encampment or to forcibly do anything there,” Fafard said. “They want to participate and they want to have a say.”

Fineday, who described himself to reporters as 70 years old and visually impaired, spoke emotionally after the hearing. “I’m 70 years old. Why are they doing this to me?” he said.

Cleanup Was Paused Pending Hearing

According to SaskToday, the city paused its cleanup efforts after a Thursday confrontation involving efforts to secure and clean the area with police, the fire department and the Salvation Army. The pause remained in place pending the court outcome.

The city said in an emailed statement that its “ultimate goal is to offer people supports so they can move along the housing continuum.”

Following the ruling, a city news release said Saskatoon would follow its established encampment response processes and work with partner agencies “to ensure supports remain available for those who need them.”

Judge Calls It Political Question

In his ruling, Danyliuk wrote that homelessness and shelter are not questions the courts can resolve. According to SaskToday, he described them as “crucial socio-political issues” that must be addressed by elected officials who control policy and finances and are accountable to the public.

SaskToday also reported that the provincial attorney general was added to Monday’s proceedings as an intervenor. In addition to dismissing the injunction application, Danyliuk ordered Fafard and Sheela McLean to pay the city $250 each in costs.

For Fafard, the decision does not end the larger dispute over what comes next for those living at 20th Street and Avenue K.

“The city now needs to step up,” she said.

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