Times Colonist: Woodwynn camp defies ouster order

Woodwynn camp defies ouster order

Tents remain standing at farm despite letter from Central Saanich

Tents remain standing in a hayfield at Woodwynn Farm with no sign they will be taken down, despite a letter from Central Saanich council ordering that the camp be dismantled.

"You must discontinue the use of the property as a campground on or before Aug. 7," says the letter from Central Saanich.

But Richard Leblanc, executive director of the Creating Homefulness Society that is behind the camp, is adamant it is doing valuable work and will not close.

"No, it is not closing," he said.

The society wants to create a therapeutic farm community housing up to 96 former street people, plus staff, on the 78-hectare property at West Saanich and Mount Newton Cross roads.

An application to the Agricultural Land Commission to rezone one hectare of the property to allow housing was opposed by council and subsequently rejected by the ALC.

Both sides in the long-running dispute are contemplating their next moves.

Leblanc said he would apply for a temporary farm camping permit, provided some conditions were waived.

"The conditions they threw at us before were unacceptable, but I am looking forward to another discussion," he said.

The district's farm camping rules prohibit stays of more than 30 consecutive days in one year.

Central Saanich acting mayor Adam Olsen suggested the society could apply for a temporary-use permit that allows structures without foundations or building slabs to be used for three years, with the possibility of a three-year renewal.

"To achieve that, council has to bring it to an open council meeting and folks in the neighborhood have to be notified in the same way as a development permit," Olsen said.

It would be a way to achieve short-term housing and build confidence in the neighbourhood, he said.

"It's certainly an option," he said. "It would involve doing a lot of work in the neighbourhood."

In a letter delivered to Central Saanich municipal hall this week by a group of volunteers, Leblanc said the camp has hosted 12 people for a total of 93 nights and some have shown substantial improvement.

"We presume that the District will not press forward with its intention of enforcing the bylaw as we continue to extend a compassionate hand and that Woodwynn is free to continue its social mandate while this application process is ongoing," he wrote.

"We are hopeful that we can move forward with the District in a proactive and positive fashion with a view to ameliorating the increasingly difficult situation facing Central Saanich and other communities in addressing the question of homelessness."

Close to Home, a group lobbying for the therapeutic community and offering support to families of those who are homeless or suffering from addictions or mental illness, has asked to address Central Saanich council on Monday night.

jlavoie@timescolonist.com

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I believe that the move of the Central Saanich municipality to force homeless people off the Woodwynn Farms is illegal under the Universal Charter of Human Rights.

The Charter was unanimously adopted by the United Nations more than 60 years ago. The Universal Charter of Human Rights forms the basis of international law; all nations are required to abide by this Charter, regardless of their national or local laws.

Violations of the Charter can be prosecuted locally and nationally, and if these means are thwarted, they can ultimately be prosecuted via the International Court of Justice.

I suggest that the Central Saanich municipality needs to be made aware of their primary and overarching international obligation to respect the human rights of the persons that reside on the Central Saanich territory. As citizens, we must be vigilante to hold such governments to account (See Article 21, in the Appendix below).

Appendix

The Charter articles being violated are listed below. The full text of the Charter can be found here: http://www.un.org/en/documents/udhr/

Article 1: All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Article 3. Everyone has the right to life, liberty and security of person.

Article 9. No one shall be subjected to arbitrary arrest, detention or exile.

Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

Article 13. (1) Everyone has the right to freedom of movement and residence within the borders of each state.

Article 17. (1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.

Article 20. (1) Everyone has the right to freedom of peaceful assembly and association.

Article 21 (3) The will of the people shall be the basis of the authority of government;

Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

Article 26. (1) Everyone has the right to education.

Article 29. (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.