An advocate for unhoused people in Abbotsford says city bylaw officers have tried to illegally seize the tent and possessions of an encampment occupant who is currently hospitalized.

Brett Van Bergen, coordinator of the Drug War Survivors (DWS) and a staff member with Matsqui-Abbotsford Impact Society, said the issue involves an occupant of the camp that has been located outside of city hall since last June.

The camp became the subject of court proceedings after the city issued a notice of trespass on Sept. 19 which was challenged by the Impact Society 鈥� the parent organization of DWS.

The courts ruled in October that the encampment cannot remain, but that the city must follow a 鈥減hased approach鈥� in dismantling the site.

The ruling stated among the conditions the city must meet are that 鈥渄isplacement should only occur when adequate shelter options, including access to harm reduction services, are available.鈥�

The ruling also stated that the city must avoid taking down shelters when residents are absent 鈥渦nless there is clear evidence of abandonment.鈥�

Van Bergen said one of the camp occupants, who has been on site since the start, was hospitalized on Monday (March 24) due to a mental-health issue.

Van Bergen said he received a phone call on Tuesday that city bylaw officers had tried to remove the man鈥檚 tent and belongings, but they ended up leaving and said they would be back the next morning.

Van Bergen was on site Wednesday morning (March 26) when two bylaw officers 鈥� accompanied by two police officers 鈥� appeared, again saying they were going to remove the man鈥檚 items.

He said he calmly told them the man鈥檚 tent 鈥� which had a lock on it 鈥� was 鈥渃learly not abandoned鈥� and the individual would be returning to the site after his release from hospital.

鈥淏ylaw told me they were moving it and that it鈥檚 an act of abandonment and that they鈥檙e supposed to be removing people鈥檚 things,鈥� Van Bergen said.

鈥淚 responded, saying, 鈥榊ou can only remove people鈥檚 thing when there鈥檚 clear abandonment or when someone鈥檚 moved into housing.鈥� This clearly doesn鈥檛 fall in line with either.鈥�

Van Bergen said even though he was not aggressive, the bylaw officers threatened to have him detained. But one of the police officers suggested they go back and check with the city鈥檚 lawyers to get more clarity about the court ruling.

The officers again left the man鈥檚 items behind. Van Bergen later met with the individual in hospital and got a signed letter from him, confirming he did not abandon his belongings and is planning to return to the camp.

Van Bergen later showed the letter to the officers and, as of Friday afternoon (March 28), the man鈥檚 possessions remain on site, with no clear indication that they will not be removed.

He said the issue is that if the man鈥檚 tent is taken, he will not be permitted to return to the encampment because he would no longer be considered a 鈥渞esident.鈥� The court ruling states that the city must prevent new arrivals and/or new structures at the camp.

But Van Bergen said the encampment is the best place for the individual because it is the only location in Abbotsford that allows a tent to remain day and night. (A 2015 Supreme Court ruling allows tents to be set up overnight, but they are required to be taken down in the morning.)

The site also has ongoing support services, such as outreach workers and advocates.

Van Bergen said the city鈥檚 actions are 鈥渦nlawful and against this person鈥檚 human rights.鈥�

鈥淭his is just state violence and bylaw officers seemingly breaking the law and trying to have advocates arrested for peacefully advocating,鈥� he said.

City spokesperson Aletta Vanderheyden said bylaw officers were informed Wednesday morning that an individual wanted his belongings removed and secured off site "as he was anxious about leaving them at the encampment while he was in hospital."

"Later that afternoon, Bylaw Services was advised that, contrary to what was communicated earlier in the day, the individual would like his belongings to stay at the encampment. Because of this, the individual's belongings remain at the site," she said.

Vanderheyden said that earlier this month, the city was granted approval to move forward with an appeal of the court's October ruling.

She said the appeal challenges orders in the ruling that the city provide services that "municipalities do not 鈥� and are not able 鈥� to provide, including housing, harm reduction, mental health and addictions and overdose prevention services."

Vanderheyden said the provincial government 鈥� and not the city 鈥� is responsible for the funding, management and delivery of health-care services.

"The residents of B.C. pay the provincial and federal governments for the provision of these services each year through their income tax," she said.

The city hall encampment has been considerably reduced in recent months, with about 10 occupants currently remaining.

DWS is calling for the city to designate undeveloped municipal land as 鈥渟afe and legal鈥� camping space for unhoused individuals.