An individual without a permanent residence in Edmonton is urging a court to hold the City of Edmonton accountable for confiscating and discarding his personal possessions during a cleanup of an encampment two years ago.

Dwayne Cardinal, aged 55, is pushing for a swift decision in his legal action against the city, contending that the proof indicates city employees unlawfully removed his tent, tarps, sleeping bag, bicycle, stoves, clothing, and other items, subsequently sending them to a landfill.

The city contests this assertion, asserting that its workers were within their rights to confiscate the property under Alberta’s Municipal Government Act, citing health and safety concerns associated with the items.

These arguments were presented during a summary judgment application on August 18, a process that enables a court to settle a case without a full trial if there is adequate evidence to do so.

Cardinal argues that a full trial would be financially burdensome for him.

At the core of the disagreement lies Section 610(1) of the Municipal Government Act, which dictates that lost or unclaimed property in municipal possession must typically be retained for at least 30 days. However, property can be disposed of earlier if it poses a safety risk or is perishable.

Cardinal contends that this regulation is not applicable as his belongings were neither lost nor unclaimed. He maintains that he was in the midst of packing his possessions when he was separated from them due to a police detention, not due to abandonment or misplacement.

Moreover, Cardinal asserts that city workers were aware that the belongings belonged to him and witnessed his detention by the police nearby.

The city, on the other hand, argues that “lost” can encompass property that is simply not in the owner’s possession. Given that Cardinal was arrested and removed from the site, his belongings were no longer in his possession.

Additionally, the city argues that the property was considered unclaimed from the workers’ perspective, as they did not directly interact with Cardinal and were informed by the police that the site was ready for clearance.

Furthermore, Cardinal contends that the city did not adequately demonstrate that his specific belongings were unsafe or unsanitary enough to warrant immediate disposal.

His legal representative, Chris Wiebe, stated that city workers relied on a standard clean-up procedure assuming that materials at encampments were contaminated, rather than inspecting Cardinal’s individual possessions.

The city argues that the conditions at Cardinal’s encampment justified immediate disposal, citing the discovery of drug paraphernalia, including methamphetamine pipes and burnt tin foil, as well as 48 needles at the site.

Additionally, they refer to a police report detailing another individual defecating near the tent and a Shigella outbreak among Edmonton’s homeless population at the time.

The city filed court documents asserting that materials from encampments can be contaminated, posing risks if stored and potentially exposing municipal workers and the public to cross-contamination.

Cardinal also argues that the disposal of his belongings constituted an unreasonable seizure under Section 8 of the Canadian Charter of Rights and Freedoms. He alleges that he was not given notice before the cleanup and was actively packing his belongings when he was detained by the police, subsequently witnessing city workers removing and disposing of his possessions.

The city disputes the application of Section 8, contending that the Charter provision safeguards reasonable expectations of privacy rather than an absolute right to property.

Cardinal’s encampment was situated on a public, multi-use LRT pathway, visible to pedestrians and cyclists, the city notes. Even if Section 8 is deemed applicable, the city asserts that the seizure was lawful and executed to safeguard public health and safety.

Cardinal is seeking $7,000 from the city, comprising $1,000 for the value of his belongings, $1,000 in general damages for the hardship he endured after losing his shelter, and $5,000 in Charter damages.

His lawsuit also names former Edmonton police chief Dale McFee and constables Mathew Bruno and Levi Clarke. However, the claims against these police defendants, including allegations of battery, false arrest, false imprisonment, negligence, and violations of his Charter rights during his arrest, are not part of the ongoing summary judgment application.

The judge has yet to deliver a decision on Cardinal’s application.