Analysis finds ‘alarming’ issues with some injunctions against B.C. homeless encampments

The report claims some injunction decisions were made through a "relaxed legal test that minimizes or ignores the issues of irreparable harm and balance of convenience."

New analysis from the University of British Columbia has identified “alarming” issues with the way B.C.’s courts have handled a number requests for injunctions against homeless encampments on public land.

Stepan Wood, a professor in the Peter A. Allard School of Law and the Canada Research Chair in Law, Society and Sustainability, analyzed 24 injunction decisions in the province between 2000 and 2022. He describes his findings as “disturbing” in a report released this month called “Rush to Judgement.”

“We already knew that the courts were pretty eager to grant injunctions against homeless encampments when governments ask for them, but we didn’t really have a clear picture of exactly how eager,” Wood told Global News.

“The key finding was that the picture is actually even worse for homeless encampment residents than we thought.”

According to Wood, 75 per cent of government requests for injunctions were granted in the studied timeframe. That includes a 25-per-cent approval rate for final injunctions — granted after the government has proven its case — and a success rate of 85 per cent for interlocutory injunctions, which are temporary orders issued before the government has proven its case.

“Striking, because injunctions are supposed to be drastic and extraordinary remedies when no other remedy will work,” he explained.

“Eight-five per cent of the time, the courts are granting injunctions to evict homeless encampments even before the government has proved the legal claims that it has against them.”

The approval of just one of four final injunctions between 2000 and 2022 suggests “courts are more likely to rule in favour of homeless encampment residents when the issues and evidence are developed and explored carefully,” the report states.