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 pushing for a quick decision in his lawsuit, contending that city workers wrongfully removed his tent, tarps, sleeping bag, bicycle, stoves, clothing, and other possessions, sending them to a landfill.
The city refutes this assertion, claiming that their workers were authorized to clear the property under Alberta’s Municipal Government Act and that the items posed health and safety hazards. These arguments were presented during a summary judgment application on August 18, a process allowing a court to settle a case without a full trial if there is ample evidence.
Cardinal argues that a full trial would be financially burdensome for him. The crux of the disagreement lies in Section 610(1) of the Municipal Government Act, which addresses lost or unclaimed property in a municipality’s possession. Cardinal insists that his belongings were neither lost nor unclaimed, as he was in the process of packing them when detained by the police, not because he abandoned them.
Additionally, Cardinal contends that the city failed to prove that his belongings were hazardous enough to warrant immediate disposal. Conversely, the city argues that the conditions at Cardinal’s encampment justified prompt disposal due to the presence of drug paraphernalia and health risks.
Cardinal also claims that the disposal of his possessions violated his rights under the Canadian Charter of Rights and Freedoms, specifically Section 8. He argues that he was not given notice before the cleanup and was actively packing his belongings when detained by the police. The city disputes this, asserting that Section 8 safeguards reasonable expectations of privacy rather than an absolute right to property.
Cardinal is seeking $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. His lawsuit also names former Edmonton police chief Dale McFee and constables Mathew Bruno and Levi Clarke but does not include claims against them in the current summary judgment application. The judge is yet to make a ruling on Cardinal’s request.