An individual without a permanent residence 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, claiming that city workers unlawfully confiscated and disposed of items including his tent, tarps, sleeping bag, bicycle, stoves, clothing, and more.
The city contends that its workers were authorized to remove the property under the Alberta Municipal Government Act, citing health and safety concerns. The arguments were presented during a summary judgment application on August 18, a legal process to potentially resolve the case without a full trial if enough evidence exists.
Cardinal argues that a full trial would be financially burdensome for him. The dispute revolves around Section 610(1) of the Municipal Government Act, which outlines protocols for handling lost or unclaimed property within a municipality. Cardinal claims that this provision does not apply to his situation as his belongings were not lost or unclaimed but were temporarily separated from him due to police intervention.
Moreover, Cardinal disputes the city’s assertion that his belongings were unsafe or unsanitary, arguing that a general cleanup procedure was followed without inspecting his individual possessions. The city maintains that the conditions at the encampment warranted immediate disposal due to safety concerns, including the presence of drug paraphernalia and a public health outbreak.
Cardinal further alleges that the disposal of his belongings violated his rights under the Canadian Charter of Rights and Freedoms, specifically Section 8 regarding unreasonable seizure. He claims he was not given prior notice before his belongings were removed, and that the action was conducted while he was being detained by the police.
In his lawsuit, Cardinal seeks $7,000 in damages from the city, including compensation for the value of his belongings, general damages for the hardship endured after losing his shelter, and Charter damages. While the lawsuit also involves former Edmonton police officials, the specific claims against them are not part of the current legal proceedings. The judge has yet to make a decision on Cardinal’s application.
