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

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. 

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.