Wednesday, 6 December 2023

Miramichi mayor responds to legal challenge to shelter site

 
 
 

Miramichi mayor responds to legal challenge to shelter site

'NIMBYism' always an issue for this type of facility, says Adam Lordon after businesses seek injunction

A legal challenge to the location of an out-of-the-cold shelter in Miramichi has frustrated city councillors, Mayor Adam Lordon says.

"I think most of us on council were disappointed and and frustrated to hear of that action," Lordon said Tuesday.

Council had unanimously approved a plan by the non-profit group Miramichi Housing Solutions to open a seasonal shelter on city property that used to have a fire hall, said Lordon. 

Then a group of businesses filed for a court injunction to try to prevent the shelter from opening there. The case is expected to be heard Dec. 12.

Lordon described the chosen shelter site as an "industrial brownfield" on the outskirts of downtown Newcastle — an area that is not densely populated by homes or businesses.

It's "adjacent" to downtown, where homeless people currently congregate, he said.

"There is a very active and concerning presence in this area of town already," said Lordon.

"This will create safety for the homeless population. They won't be sleeping in store vestibules and store backyards. They'll have a safe place to go that's accessible for them and that will create safety as well for the rest of the community."

Lordon said he has heard from some members of the business community who support the new location, and he expected that support would be more widespread,

"From the conversations that I've had with members of the business community over the last weekend and over the last couple of years … there are many folks in the business community who are concerned for the greater good of the community and the health and wellness of these individuals," he said.

He acknowledged there were complaints from businesses about last winter's shelter, but he said that's when it was located at the Lindon Recreation Centre, which is in a busier area near the civic centre.


Adam Lordon is the mayor of Miramichi.

"This new location, I certainly felt actually spoke to their concerns and addressed their concerns. So … a bit surprised by the reaction," said Lordon.

The mayor said he hopes the city and concerned businesses can get together to discuss the situation, but he's not suggesting any change to the plan.

"We're hopeful that things will play out and and the out of the cold shelter will proceed as intended," he said.

Business community representatives said last week they felt they weren't consulted about the choice of location.

Lordon said it was selected by the operator of the would-be shelter, Miramichi Housing Solutions, formerly known as Miramichi Youth House, based on best practices. 

A person who answered the phone at the group's office said its executive director would be unavailable for a few weeks,  and no one else was able to speak with CBC News. 

Miramichi Housing Solutions runs the only permanent shelter in Miramichi, noted Lordon. It has seven beds and is "consistently" full. 

Lordon said the city asked the non-profit to notify neighbouring businesses about its plans for the out-of-the-cold shelter. He acknowledged that process did not occur as smoothly as possible.

That was regrettable, he said, but he wouldn't necessarily have made any difference to site selection.

It's difficult to get everyone to agree on any location, said the mayor.

"There certainly is an element of NIMBYism that takes place with these types of facilities," he said.

A balance needs to be struck, but lots of weight should be given to experts and best practices, said Lordon.

Other communities, including Saint John, have experimented with shelters that are farther removed from the downtown area and found costly transportation issues made it impractical, he said.

Lordon said the City of Miramichi has limited experience or resources to deal with homelessness issues.

Homeless people only became evident in the city within the last couple of years, he said.

"Ultimately, we're looking for guidance, really, and leadership from the province on exactly how to address this," said Lordon.

"This should be an area where the province is providing greater leadership in terms of the path forward, in terms of support for the mental health and addictions piece … but also in the creation of housing," he said.

With files from Information Morning Moncton

 
 
 
61 Comments 
 
 
 
David Amos
Mayor Adam Lordon should have called me back by now 



David Amos  
Methinks the milk of human kindness has always run pretty thin from the business dudes and we can always count on lawyers to say Bah Humbug or them N'esy Pas?
 
 
 
david arseneau  
shame shame  
 
 
David Amos
Reply to david arseneau 
Ditto 
 
 
 
Lorelei Stott 
I pay lots of tax to put them in the social system that exists to get them back into society but instead we spent it on organizations that seem to just want to stack more on top of more, I think the process needs revamping not shelters  
 
 
David Amos
Reply to Lorelei Stott
Me too



June Arnott 
Not in my backyard mentality. Its everywhere 
 
 
David Amos
Reply to June Arnott 
Sad but true 
 
 
 
Joe Zilch
This camp will crush their property values. Why do this to hard working citizens?
 
 
SW Home 
Reply to Joe Zilch
Property values are not worth more than a human life.  
 
 
Wilbur Ross
Reply to Joe Zilch 
He say as he clutches his pearls ... 
 
 
David Amos
Reply to SW Home 
Amen
 
 
 
Bill Smith 
Give them a one-way bus ticket to Fredericton. Higgs has a surplus; this is what happens when greedy property owners buy up the Maritimes!  
 
 
David Amos
Reply to Bill Smith
Oh So True 
 
 
 
rayma allaby 
in a new brunswick winter these people are homeless and business owners would deny them a place to get warm..unreal.. 
 
 
Ned MacAllister 
Reply to rayma allaby 
And you want them in your backyard rayma allaby ??? 
 
 
David Amos
Reply to Ned MacAllister 
How about you?  
 
 
 
Riley Smith 
Most NBers pay a lot of taxes to support Social Assistance. Businesses pay even more. They should not be further harmed. Why not locate in the big empty parking lots of the Churches who pay No taxes ? 
 
 
David Amos
Reply to Riley Smith
Good point




Wilbur Ross  
If only we could just build more affordable housing. But this government and this premier couldn't give a w_nk if people are freezing in the streets. Austin says its as normal as a car accident. Just part of life round here, no emergency to declare. Sad.

 
Jos Allaire
Reply to Wilbur Ross 
Austin the Christian pastor, imagine that.
 
 
David Amos
Reply to Jos Allaire 
Par for the course 
 
 
Dan Lee 
Reply to Jos Allaire 
he deserves nothin but a good boot up the................ 


Ned MacAllister 
Reply to Wilbur Ross 
The tax dollars the Governments are dolling out to these Developers to build (affordable) housing is just criminal. These newly built apartments are anything but affordable. 
 
 
SW Home 
Reply to Ned MacAllister 
Don't tell that to Higgs. Him and his Higgamaniacs don't believe in taking steps to make rent affordable.
 
 
Wilbur Ross
Reply to SW Home   
Tory Math 
 
 
David Amos
Reply to SW Home  
Ask your MLA why that is
 
 
  
 
John Scott 
The other cities that have set up shelters and outreach centers have paid a heavy price. They support people to continue making bad choices and doesn't allow people to hit rock bottom to realize they need to change. Good on these businesses for challenging the shelter - and I hope they win and it's never built. 
 
 
SarahRose Werner
Reply to John Scott 
Kind of hard to change if you've already died from exposure. 
 
 
David Amos
Reply to John Scott 
Wow
 
 
Dan Lee  
Reply to John Scott
hmmm cant beleive 3 people agreed with you.....your a miserable ......... 
 
 
David Amos
Reply to Dan Lee  
Its a cruel world
 
 
 
 
Eugene Peabody  
Check out the CBC story from NS about the city is putting up ice fishing tents on pallets to house homeless people in their own space. I thought it was a very good idea to provide shelter from the cold . It seems people were donating the tents when they heard about it. That gives me hope that something can be done in a hurry to help these people because the government seems unable to help in a timely manner.
 
 
SarahRose Werner 
Reply to Eugene Peabody
It's great that people are donating the tents, but the tents are being erected on city property. So far there are 14, while the city has said it wants no more than 8 tents there. The city also said last month that people will need to leave the site due to problems with snow clearing. So tents are only part of the solution. Finding a place to put them where they won't be cleared away is another part.  
 
 
MR Cain 
Reply to Eugene Peabody 
There also needs to be places for doing their busines, personal hygiene, etc. Where are these facilities?  
 
 
David Amos
Reply to Eugene Peabody   
"the government seems unable to help in a timely manner"

This has been an ongoing problem for years





Donald Smith  
The Grinch's that stole Christmas kindness 
 
 
David Amos
Reply to Donald Smith
Perhaps I can spoil the Grinch's lawyer's Yuletide Season  
 
 
 
 
Ben Haroldson  
A lot of business owners treat the ordinary joe who is looking to spend money on them as a pain in the rear these days, so no surprise , and no surprise that so many businesses fail. They absolutely forget where there income comes from. 
 
 
David Amos
 
Reply to Ben Haroldson 
They reap what they sow  
 
 
 
 
John Montgomery  
Too bad Higgs doesn't care to impose rent caps. 
 
 
Archie MacDaniel 
Reply to John Montgomery  
Nothing to do with rent caps, maybe a reading lesson is in order? 
 
 
Dan Lee
Reply to Archie MacDaniel 
you cant afford your rent...your on the street.........  
 
 
David Amos
 
Reply to Archie MacDaniel
Perhaps you should take your own advice  
 
 
David Amos
Reply to Dan Lee 
Don't bet on it  
 
 
 
 
James Johnstone 
One of the businesses that are afraid of this location is the motel which is located right next to the proposed shelter. I have stayed at this motel and found it to be clean, good food and fair priced. They have already had homeless people entering the property, trying to use the lobby desk telephone, trying to steal the continental breakfasts that is offered to the motel guests as well as prowling throughout the parking lot looking for whatever they can steal. NIMBY, Mr Mayor? Come on Adam, you can come up with a better excuse than that. Good luck to the business owners who are trying to survive in these uncertain times.  
 
 
SarahRose Werner  
Reply to James Johnstone  
Okay, so where do you think it should go?


James Johnstone 
Reply to James Johnstone  
How about the corner of King and Howard Streets in Chatham. Are the "clients" using these shelters working people who can't afford a place to live or are they non-workers? 
 
 
SarahRose Werner  
Reply to James Johnstone 
1) The site you're suggesting is 8 miles away from the proposed site. See "costly transportation issues made it impractical," above. 2) How do the neighbours of the site you're suggesting feel about this? 3) Are you suggesting that it's okay for people who don't work, including people who are elderly or physically or psychologically incapable of working, to be forced to sleep outdoors in the winter?


Pat Holland 
Reply to SarahRose Werner  
The site he is proposing is close to the downtown business area in Chatham and that is an empty lot directly across from the mayors house there is plenty of room there I think it’s a great location busses travel by there regularly as well. But I bet Adam wouldn’t agree to this location 
 
 
Michael Berube 
Reply to Pat Holland 
Actually, its downtown Newcastle, site of old fire hall and Newcastle Lumber. 
 
 
Ned MacAllister  
Reply to Pat Holland
Exactly right Pat Holland.
 
 
David Amos
Reply to Pat Holland
Interesting 
 
 
David Amos
 
Reply to James Johnstone 
Say Hey to their lawyers for me will ya?  
 
 
 
Tim Astle  
Maybe the mayor should put it in his back yard then?

I've seen the results of this first hand, and it's ignorant to just attempt to discredit the concerns of the people that filed the complaint.

 
SarahRose Werner  
Reply to Tim Astle 
If the mayor put the shelter in his backyard, his neighbours would likely file a complaint. You know, if I found out that one of the two buildings next to the one where I live was going to be used as a shelter, I would definitely have concerns. But we need shelters, they need to go somewhere and people need to be able to access them, which means someone paying for transportation if the shelter is out in the boonies.
 
 
David Amos 
Reply to Tim Astle 
So you say   
 
 
 
kelly sherrard
There should be no homeless people or tent cities in this province or in Canada. It is a reflection of the economic situation people face and the lack of government concern for those who don't have a vote and an address to send an voter registration paper. This province and country needs to address homelessness and food insecurity before we officially become a third world country.  
 
 
SarahRose Werner  
Reply to kelly sherrard 
Actually, homeless people can vote. I don't know how many do, because they've often got more urgent concerns, like finding something to eat. They also need to have identification with their name (but not their address) on it, which many homeless folk don't have. (It currently costs $48 to get an NB photo ID.) But if they do have ID, they can vote using their ID and a letter of confirmation from a shelter or an organization where they receive services.  
 
 
Samual Johnston
Reply to kelly sherrard 
is there a country that does not have homelessness?  
 
 
David Amos 
Reply to kelly sherrard  
I Wholeheartedly Agree 
 
 
David Amos 
Reply to Samual Johnston
Iceland 
 
 
 
 
SarahRose Werner 
"Homeless people only became evident in the city within the last couple of years" - One factor might be that as resources in the cities have become stretched thin and beyond, there's less motivation for people facing or dealing with homelessness to move to the cities. Might as well be homeless in your hometown.  
 
 
John Montgomery 
Reply to SarahRose Werner  
Because no on wants their tax contribution to go up with inflation. 
 
 
David Amos 
Reply to John Montgomery 
Please explain 
 
 

 
 

Miramichi groups go to court to try to stop creation of out-of-the-cold shelter

Injunction sought to stop a 15-bed shelter proposed for a vacant lot on Jane Street

A person is seen sleeping on the street in downtown Toronto on Feb. 3, 2023 amid an extreme cold warning that sent the city into a deep freeze.
Miramichi Housing Solutions Inc. wants to operate the 15-bed shelter at nights from December to March. Several business owners are trying to stop it. (Paul Borkwood/CBC)

Some businesses and business groups have asked the courts for an injunction to stop the creation of an out-of-the-cold shelter on a vacant lot near Miramichi's waterfront. 

They are plaintiffs in a court action filed this week in Miramichi against the City of Miramichi and Miramichi Housing Solutions. 

The applicants are looking for a temporary injunction to prevent Miramichi Housing Solutions from opening an out-of-the-cold shelter at 15 Jane St. "or in the general area of the downtown business district" until the matter can be resolved in court. 

They say they would suffer "irreparable harm" if the shelter opens. 

One of the applicants is Nutan Parekh, the owner of the Travelodge, at 1 Jane St., which is "immediately next door to the vacant land which is currently undergoing preliminary preparation for the opening of an 'out of the cold' shelter for homeless individuals," according to her affidavit.

She said the most common complaint about the hotel is that it's in a "sketchy" area. She also said the hotel calls the Miramichi police seven to 10 times a week because of homeless people trying to loiter in the lobby, asking to use the front desk phone, trying to eat from the continental breakfast buffet for free, or "disturbing guests" by asking for money or cigarettes. 

A map shows a section of a city adjacent to a waterway.
Miramichi Housing Solutions wants to establish a 15-bed out-of-the-cold shelter on a vacant lot adjacent to the Travelodge on Jane Street, where a former fire station building was torn down several years ago. (Google Maps)

None of the allegations have been tested in court. The next court date is Dec. 12.  

CBC News tried contacting the City of Miramichi, Miramichi Housing Solutions, and the Miramichi Chamber of Commerce, but no one responded by publication time.

When reached by phone on Friday, Parekh, the owner of the Travelodge, said she's not against the out-of-the-cold shelter or any programs that help homeless people, but she's concerned about the location of the proposed shelter.

"I do want to support them," she said. 

Lacy Kent, the general manager of the hotel, also said it wasn't given any notice of council's decision on the location. She said they found out on the day of the decision. 

"We found out when everybody else found out," Kent said. "So that's the biggest thing. There are four businesses that are going to be in the vicinity, but we're the one business that's directly, right beside it, and they didn't even feel the need to inform us." 

The court document also points to what the plaintiffs say are conflicts-of-interest that were not claimed by members of the municipal council who sit on the board of Miramichi Housing Solutions Inc. as directors. They were identified as Brian King, Chad Duplessie and Paddy Quinn. 

No public consultation, say business groups

It also complains about there being no public consultation about proposed locations for the shelter. 

Tiffany Gallivan is a director of the Downtown Miramichi Business Network, one of the applicants in the injunction. 

After last year's experience with an out-of-the-cold shelter, Gallivan said her members tried to be proactive to improve the situation for this coming winter. 

She said the group did a lot of work trying to find a solution to the homelessness problem in their community. They did surveys, talked to other groups and communities, studied the issue and then put together a presentation for police, mayor and council and provincial politicians. 

They liked the portable bunkhouse idea and were exploring possible locations for them. 

Gallivan said they were doing all the right things and putting in the work. 

And then they were blindsided by the city, she said. 

Without any consultation, she said, the city "completely ignored" them and decided where the shelter would go. 

"It just feels horrible actually, quite horrible. Devastating."

Gallivan said the business reaction is not a case of not-in-my-backyard.

"This is a few people's backyard, but it is everybody's front yard. This is our community's front yard that we're putting this in."

She said it's the community business centre and hub and the place where festivals are held.

In her affidavit, Parekh said her business already suffers "as a result of the issues caused by homeless individuals in the area who attend my place of business. I cannot see how this problem will not worsen when the shelter closes at 8 a.m. and the residents will be seeking a place to spend the next 12 hours until the shelter reopens at 8 p.m." 

3 modular bunkhouses proposed

One of the exhibits entered by the plaintiffs outlines the plans for 15 Jane St.

Miramichi Housing Solutions said there will be "three modular bunkhouses for use as a 15-bed shelter" along with a modular office trailer for use by the staff. 

"The shelter's intent is to ensure those experiencing chronic homelessness will have a safe and warm place to sleep during winter weather," according to a letter from the housing group that was submitted as an exhibit in the court case. 

It said the shelter will be open from 8 p.m. to 8 a.m., with the "potential for 24-hour access in cases of extreme weather." 

The exhibit also said "operational funding" is being provided by the province through the Department of Social Development.

ABOUT THE AUTHOR

Mia Urquhart is a journalist with CBC New Brunswick, based in Saint John. She can be reached at mia.urquhart@cbc.ca.

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