St. Stephen declares emergency on homelessness

St. Stephen Municipal District Council voted unanimously on December 4 to declare a state of local emergency due to the large number of homeless people in this community, which has been estimated at between 70 and 100, with one man in his 40s found outside at 3 a.m. at the beginning of December having died. However, the province and the municipality are clashing over the declaration, as St. Stephen seeks resources to address the crisis and the province has turned down the municipal district's proposal to use provincially owned property for a warming shelter.
New Brunswick Justice and Public Safety Minister Kris Austin responded in a media scrum the next day calling the council's action "very disappointing" and stated that the municipality overstepped its authority and resorted to "political posturing." He states in a letter to Mayor Allan MacEachern dated December 5 that an estimated 70 people without homes in St. Stephen does not meet the definition of an "emergency" in provincial legislation and said he would terminate the declaration unless the municipality shared data "that, in your mind, elevates the challenge of homelessness to an [sic] 'local emergency' within the legal meaning of that term."
MacEachern shared the minister's letter, and his reply, citing section 10(2) of the New Brunswick Emergency Measures Act, granting municipalities the power to declare a state of local emergency "when a municipality is satisfied that an emergency exists or may exist in all or any area of the municipality," with no requirement for the municipality to present supporting data. "Our municipality is satisfied that an emergency exists. This meets the requirement under the act," the mayor told the minister in writing.
MacEachern criticizes Austin for responding with "a letter drafted by your legal team in an effort to quash our State of Local Emergency," adding, "No contact from you, NBEMO, our MLA or any other department seeking to render assistance? No offer of support, or willingness to discuss the situation? This clearly demonstrates the priorities of your government." Saint Croix MLA and cabinet minister Kathy Bockus did not return telephone calls or an email seeking comment.
Regardless of the legal definition of "emergency" in provincial legislation, the authority of a municipality to declare a "state of local emergency," or the province to quash it or who is playing politics, St. Stephen undoubtedly faces a crisis with winter here. Similar to what happened last year, finding a location for a warming center is a problem -- and last winter's location is not available.
People are staying in the ornamental covered bridge structure near the Canadian end of the Ferry Point Bridge linking St. Stephen to Calais. "I figured there were eight people living in that small 10 by 10 structure, but what I found out last night was there's over 30, or sorry, 20 to 30, and they're rotating. They're getting warm, and they've created their own warming shelter," MacEachern said in an interview.
After the people all went home following St. Stephen's Santa Claus Parade on December 1, a man stretched out to sleep in the Bank of Nova Scotia lobby. He has been sleeping there for more than a week. The mayor confirms that people are living in tents in wooded areas, and some lock themselves in coffee shop washrooms. "I don't blame them," MacEachern says, adding that at least they will not freeze. "Where else could they go?" he asks.
Councillors passed the resolution to declare a state of local emergency without debate, although they did meet behind closed doors earlier. MacEachern, who seemed to be emotionally distraught, stated after the vote, "We're doing the right thing. They're human beings, and we've got to take care of them."
The declaration approved by council places the most recent estimates of the number of people without homes in St. Stephen at 70, while word on the street is over 100. One of the whereases to the declaration states that emergency personnel responded to a fatality in a public place a couple of days before the emergency council meeting.
Sgt. Scott MacKenzie, operations NCO with the RSC 10 West RCMP, confirms that officers were dispatched to a medical call in the Milltown area at about 3 a.m. on December 2. A 41 year old male was taken to hospital but died later that day, MacKenzie says. He could not confirm how this man died but said the RCMP does not suspect criminality. He could not say whether or not the victim was homeless but did state, "He was found outside."
The declaration states that the province turned down a "community based proposal" to help homeless people this winter. MacEachern says that the province will not agree to let St. Stephen use a provincially owned property for a warming shelter. According to the mayor, the Department of Transportation and Infrastructure owns the property, but the government has ruled it unsuitable for a warming shelter, "and they're not telling us why; like, if they can't tell me why it's not suitable, there's something wrong."
St. Stephen, with a population of about 4,500, is entering its second winter with large numbers of unsheltered people, caused in part by a demand for housing and higher rents after landlords upgrade their properties. Drugs, alcohol and mental health issues play a role as well. The Volunteer Centre of Charlotte County has adapted its Food Bank program with ready to eat packages for people with no means to cook their meals. Many homeless people depend on twice weekly meals provided by Neighbourhood Works and outreach programs by churches and other agencies.
The declaration orders the province to provide medical, social and other essential services to members of the community "suffering from mental illness, drug addictions and the need to engage in criminal activities in order to survive the conditions of a Canadian winter."
The declaration orders Premier Blaine Higgs to release part of the $1.5 billion surpluses which, the declaration states, the province accumulated over three years, to address this crisis in St. Stephen. The declaration orders several cabinet ministers, including Austin and Bockus, to take specific actions.
Austin, in his letter to the mayor, says the municipality has no authority to order cabinet ministers to do anything. MacEachern responds, in his letter, that the Emergency Measures Act states that, under a State of Local Emergency, the municipality may "require any person to render the aid that the person is competent to provide."
(See related article in this issue on the plight of the homeless in St. Stephen.)