Open letter – Prince George

Dear Mayor Yu:

I write to express my grave concerns about the new bylaw under consideration by City Council to establish a centralized homeless encampment at Moccasin Flats. The process and proposal do not conform to international human rights standards and I urge you and the Council to explore other alternatives while ensuring meaningful engagement with encampment residents, the majority of whom are Indigenous. As you do so, I urge City Council to uphold inherent Indigenous rights as per the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

I want to draw your attention to the City's obligations to respect, protect and fulfill the human rights of encampment residents. The National Housing Strategy Act (2019) recognized that housing is a fundamental human right and that housing is essential to the inherent dignity and well-being of the person. I want to underline that all Canadian municipalities have a responsibility to uphold the human rights of people living in encampments.

The Act also created the mandate of the Federal Housing Advocate which includes monitoring the right to adequate housing in Canada, and conducting reviews of systemic housing issues.

The Regional Chief of the BC Assembly of First Nations has previously urged Prince George to take a consultative and respectful approach to engaging the residents of the Moccasin Flats encampment. As nearly 70 percent of homeless people in Prince George are Indigenous, this bylaw will have a disproportionate impact on Indigenous people. The City's actions must respect the spirit of reconciliation and commitments in both the federal and provincial Acts addressing implementation of UNDRIP, and avoid forced removal of Indigenous peoples from their lands and territories.

On February 23nd, I launched a national review focused on homeless encampments. This review offers a framework for encampment residents, advocates and all orders of government to share their perspectives and work together to identify recommendations to ensure the promotion and protection of the human rights of people living in encampments. The review is based on the assumption that all levels of government have a role to play in finding solutions and mobilizing the needed resources. The review will also be an opportunity to promote the application of the human rights principles contained in A National Protocol for Homeless Encampments in Canada^{Footnote 1}.

I am concerned that the proposed bylaw risks making the situation worse. I also note that international human rights law is clear that forced evictions of encampments, including forcing people to move from one encampment to another, constitute a violation of human rights, including Indigenous rights as per UNDRIP. Following up on what I learned both during and subsequent to my visit to Prince George in August 2022, I call on you and City Council to:

1. Vote against the current bylaw proposal and explore alternative solutions;
2. Recognize the distinct rights of Indigenous peoples, particularly BC's First Nations and Métis peoples, and include them in the development of policy approaches to encampments;
3. Undertake a meaningful process of engagement with the encampment residents, the BC Assembly of First Nations and other stakeholders before adopting any decisions that affect them;
4. Provide encampment residents with access to basic services such as clean water, sanitation facilities, electricity and heat; and
5. De-emphasize the use of law enforcement as the primary response to encampments.

I recognize that homeless encampments pose many complex challenges for municipalities. Solutions require the federal and provincial governments to work with and provide resources to municipalities so that housing is affordable, accessible and appropriate for everyone. Adopting a human rights-based approach provides the best road map for finding sustainable solutions while upholding the human dignity of people experiencing homelessness. In the meantime, I encourage you, members of Council and the City employees, to review the National Protocol and apply its principles in your dealings with homeless encampments.

I would welcome an opportunity to engage in further dialogue and explore how my office and the ongoing review can contribute to Prince George implementing a human rightsbased approach to encampments.

Yours sincerely,

Marie-Josée Houle
Federal Housing Advocate

c.c:
Mayor and Council

Walter Babicz, City Manager
City of Prince George

Adam Davey, Director of Public Safety
City of Prince George

Terry Teegee, Regional Chief
British Colombia Assembly of First Nations