An individual experiencing homelessness in Edmonton is seeking legal action against the City of Edmonton for confiscating and discarding his personal belongings during a cleanup of an encampment two years ago.
Dwayne Cardinal, aged 55, is pursuing a summary judgment in his lawsuit against the city, claiming that city workers unlawfully removed his tent, tarps, sleeping bag, bicycle, stoves, clothing, and other possessions, sending them to a landfill.
The city refutes this assertion, contending that its workers had the authority to confiscate the items under Alberta’s Municipal Government Act, citing health and safety concerns.
The arguments were presented during a summary judgment application on August 18, a procedure that allows a court to settle a case without a full trial based on sufficient evidence.
Cardinal argues that a full trial would be financially burdensome for him.
The focal point of the disagreement revolves around Section 610(1) of the Municipal Government Act, which outlines protocols for lost or unclaimed property in a municipality’s possession.
Cardinal argues that this legislation does not apply since his belongings were not lost or unclaimed. He asserts that he was in the process of packing when he was separated from his possessions due to a police detainment, not because he abandoned them.
Additionally, Cardinal contends that city workers were aware that the belongings belonged to him and witnessed his detainment by the police nearby.
The city argues that the term “lost” can encompass property that is simply out of the owner’s possession, stating that since Cardinal was arrested and removed from the site, his belongings were no longer in his possession.
Moreover, the city maintains that the property was considered unclaimed by its workers, who were informed by the police that the site needed to be cleared.
The city asserts that requiring workers to ascertain the reasons for every abandoned item would be impractical for municipal cleanup crews.
Cardinal further argues that the city failed to demonstrate that his specific belongings were hazardous enough to warrant immediate disposal. His lawyer pointed out that city workers presumed materials at encampments to be contaminated without inspecting his individual items.
In contrast, the city highlights the conditions at Cardinal’s encampment, justifying the immediate disposal due to the discovery of drug paraphernalia and needles at the site, along with an active health concern among the homeless population at that time.
Cardinal also claims that the disposal of his belongings violated his rights under the Canadian Charter of Rights and Freedoms. He alleges that he was not given notice before the cleanup and was in the process of packing when he was detained by the police, leading to the removal and disposal of his possessions.
The city disputes the application of Section 8 of the Charter, stating that it protects reasonable expectations of privacy rather than an absolute right to property. They argue that the seizure was authorized by law to safeguard public health and safety.
Cardinal is seeking $7,000 in damages from the city, including compensation for his lost belongings, general damages for the hardship endured after losing his shelter, and Charter damages.
His lawsuit also includes former Edmonton police chief Dale McFee and constables Mathew Bruno and Levi Clarke, although the claims against them are not part of the current summary judgment application.
The judge is yet to make a ruling on Cardinal’s application.