When Are the Rights of the 'Advantaged' Equal to Those of the 'Disadvantaged'?

 

"We can't fence off everybody's private property."

"We can't control every street, but we do have a duty to our employees, which is legal and present and very clear."

"This report represents the view of our staff, their feelings, and more importantly, and sadly, their fears and the experience that they have had in the last few years, as we've seen the situation in our streets become the challenge that it is."

"When you're talking about the amount of area that has to be covered with fencing, I don't think you'll find the cost is extraordinary in comparison to fencing any other area with a fence that would actually be secure when you're allowing for the kind of gating that's necessary." 

Mayor Leonard Krog, Nanaimo, British Columbia

The City of Nanaimo is considering building an iron fence around city hall to protect staff from what it says is disorder from a next-door overdose prevention site. Mayor Leonard Krog, seen here in 2018, says the city has a legal obligation to protect its staff and property. (Justin McElroy/CBC)

"Since this relocation, [next to city hall, in 2022] the city has experienced a significant increase in disorder around city hall and SARC, [city service and resource centre]." 

"Disorderly behaviour is common both during and outside the facility's hours of operation. When closed, individuals frequently congregate in the parking lots, gardens, and shaded areas around city hall and SARC, leading to considerable safety and operational challenges."

"[There are] congregations of 20 to 30+ individuals during early morning and evening hours." 

"[The area is a] frequent location for congregations, loitering, violence, and property related concerns, including damage to and theft from staff vehicles, fires, litter, vandalism, and safety risks."  

"Installing fencing around a civic facility may be perceived by some members of the public as a symbol of exclusion, especially in the context of visible homelessness and public disorder in surrounding areas." 

City Hall staff report 

Doctors for Safer Drug Policy, an organization that works with people who use substances and advocates for inclusive and evidence-based care for all.

 

The staff at the City of Nanaimo, British Columbia daily face violence and disorder, associated with an overdose prevention site located next to the city hall, in a city of some 100,000 residents. The erection of a 1.8-metre-high fence has been proposed to separate the city hall property from the adjacent location of the overdose prevention site. Because of the "intimidation and harassment" employees face, in particular those employees who arrive at work early or tend to leave the premises late, along with damage done to vehicles owned by staff, fires close to doorways and building perimeters, the health hazards associated with human waste and a general deterioration of the site, a $412,000 fence is seen as a solution.

 

A staff report outlines the situation arguing the requirement of a zoning variance to allow the building of the "robust decorative, wrought iron" fence meant to stand 60 centimetres higher than the permitted 1.2 metres. Written in advance of a  council committee meeting, to inform those preparing to approve the project and funding, the report describes the situation faced by city hall employees and the need for a protective fence.

 

Mayor Leonard Krog spoke of the municipality's legal obligation to protect staff and property. The overdose prevention site is funded by Island Health and operated by the Canadian Mental Health Association. Its relocation to Albert Street hard by the city hall and its service and resource centre (SARC), took place in 2022. "Since this relocation, the city has experienced a significant increase in disorder around city hall and SARC". There are "congregations of 20 to 30+ individuals during early morning and evening hours", states the report.

 

Council has yet to approve the document recommending the fence, which points out that the area is a "frequent location for congregations, loitering, violence, and property related concerns, including damage to and theft from staff vehicles, fires, litter, vandalism and safety risks", particularly for staff accessing the resource centre. The report points out that the site serves a "highly vulnerable and marginalized population" among whom many live in extreme poverty, with limited access to health care and support services. 

 

According to a public safety group, the plans should be regarded as a "wake-up call" for provincial and federal leaders to protect "everyday citizens from those causing mayhem, havoc and violence" on the streets of downtown Nanaimo. Vice-president of the Nanaimo Area Public Safety Association, Kevan Shaw, stated that city employees felt fearful about going to work, and many downtown residents and business owners felt the very same, a situation that was "horrible, disgusting and sad".  

"[The site is full of fire hazards, including] unauthorized fires set near doorways and building perimeters, [and there is rampant] graffiti, litter, human waste, and general deterioration of site conditions."

"The overdose prevention site serves a highly vulnerable and marginalized population."

"Clients who access the site are often individuals experiencing multiple and complex challenges, including substance use disorder, homelessness or unstable housing, untreated trauma, and co-occurring mental and physical health conditions."

"Many live in extreme poverty and face significant barriers to accessing traditional healthcare and support services. The City continues to monitor the area in coordination with local partners and provides ongoing enforcement, maintenance, and harm reduction supports to manage the complex and evolving impacts of the OPS and broader community challenges."

City Hall staff report 

The pop-up OPS is intended to bring attention to the current toxic drug crisis and the need for better support for people. Photo: Lauryn Mackenzie