Questions surrounding inclusion Powell River Society’s home for a client with challenging behaviours in Wildwood will remain unanswered while City of Powell River seeks legal advice.
“The province has advised us that the attorney general's office has assigned legal counsel to answer our legal questions and that office is dealing with our municipal lawyers,” said city chief administrative officer Mac Fraser at a committee of the whole meeting on Tuesday, December 4.
Under the Freedom of Information and Protection of Privacy Act, the individual’s name or the specific location of the residence in question cannot be revealed.
Representing a group of Wildwood residents, Devon Hanley reiterated what was said at an October meeting between the group and inclusion Powell River. At that time, and as Hanley said again at committee of the whole, the residents said they believe the use and activities at the Wildwood property do not comply with the permitted uses under the city’s municipal RA1 zoning bylaw.
Hanley said Wildwood residents have, in the past, accommodated ordinary group homes and the group is not saying in a reactive way: “Not in my back yard.”
“The extraordinary circumstances and known history in this particular case that have required a one-bed placement, strict security measures and very high staffing levels have raised legitimate concerns in our community,” said Hanley. “This type of one-bed placement where the individual suffers such extreme troubles that they must be confined and cannot be housed with others would seem to indicate a need for a thorough consideration and consultation regarding the location for such a facility.”
According to Hanley, and confirmed by mayor Dave Formosa, an incident was witnessed on the morning of Sunday, December 2. Formosa said he has had reports of others since the client moved in.
Formosa said this is not an average situation but he does not believe the neighbours are in danger.
“I believe that the precautions are there so that the [individual] doesn't harm [themselves] and it's not an issue of keeping this person under lock and key to protect the neighbours,” said Formosa.
There are people who support the client residing in their neighbourhood but, according to city councillor CaroleAnn Leishman, they have been hesitant about coming forward publicly.
“I think it's felt that some people's perspective is that there's an exaggeration of the danger component and of the concerns of the public,” said Leishman, “but definitely I've heard from a lot of people on the side in favour of supporting the client to live in a house in the residential neighbourhood. From my perspective it's a zoning issue.
Councillor George Doubt and Formosa agreed but the mayor said it could ultimately be a matter decided in court because the city is now dealing with the office of the attorney general.
“Is it an infraction of our zoning bylaw? I cannot tell you that today. We believe it is but I don't know for sure,” said Formosa. “There's some question about the exact legal status of the resident in this location and the bylaws and human rights legislation.”
Nobody has actually taken the city to court over the zoning issue.
Doubt, who lives in Wildwood, said he hopes the conflict can be resolved in a neighbourly fashion without having to go the courts.
“If the community can solve the problem with consultation we'll be better off than if we have to resort to courts and let a judge make up their mind,” said Doubt, “because sometimes neither side is happy with the result that a judge says.”
