Report calls for public apology in 'disastrous' 2021 Halifax encampment evictions

A highly anticipated report looking into the way evictions were carried out at a Halifax encampment in 2021 offered 37 recommendations for Halifax police, the police board and the city, calling it "a day of chaos for all those involved." 

Last spring, the Board of Police Commissioners announced it had hired a Toronto-based law firm to conduct an external review of events that unfolded on Aug. 18, 2021, at the Halifax Memorial Library encampment. 

The 116-page report, released Friday, was critical of the way Halifax Regional Police and the Halifax Regional Municipality handled the evictions, as well as the civilian-led protest that ensued as a result. 

Some of the report's recommendations include: 

• HRP and HRM should issue a public apology for its "flaws in decision-making" that led to the evictions. 
• The police board and HRP should commit to a human rights-based approach to addressing the needs of homeless people.
• The police board and HRP should review and revise its use-of-force and pepper-spray policies.
• The police board, HRP and HRM should acknowledge the distinct relationship that Indigenous peoples have with the land, and their right to live on that land.
• Many other procedural changes regarding the way HRP conducts and plans its operations, including the police board adopting a more assertive approach to police oversight and accountability.
• The police board, HRP and HRM should provide a public update on the implementation of these recommendations by June 1, 2025.

Lawyer Jonathan Shime co-authored the report. He said in an interview with CBC News that while he doesn't believe the escalation between the police and protesters was planned, he does believe it was caused, in part, by impromptu decisions made by HRP and HRM.

"I don't think anybody intended it to be aggressive, but in large part that had to do with the last-minute and, we think, unplanned decision by the municipality and the police to clear the front of the library on Spring Garden Road, which had not been part of the initial plan," Shime said.

"And that started a cascading series of events that led to, unfortunately, a very terrible day for everybody involved."

During the protest, hundreds of people gathered on Spring Garden Road in downtown Halifax to block the removal of tents and small shelters at the encampment. This led to a standoff between protesters and police, described in the report as "disastrous for the city and the residents of Halifax." 

HRP used pepper spray against the crowd of protesters. At least 21 people were treated by paramedics at the scene and 25 people were arrested. 

Opportunities to withdraw 

The independent report found that HRP had many opportunities throughout the day to reconsider its actions and withdraw from the operation, but the option was never seriously considered. The report called this an "error."

"Throughout the day, as events escalated and as things became more chaotic and disorganized, it appeared to become a test of wills with the HRP seeing withdrawal as a 'loss' for police and a 'win' for the protesters," said the report.

"Accordingly, [police] persisted with the clearing of the site and rejected the possibility of withdrawing and coming back another day."

One recommendation says HRP's use-of-force policy should emphasize that de-escalation and withdrawal are always an option and should be considered, while use of force should be a last resort.

Credit to HRM 

Amid the criticism, the report did offer some credit to the city for the steps it has taken to address the housing crisis and how officials interact with homeless people since the events on Aug.18, 2021.

It highlighted that HRM has changed its approach for responding to issues related to homelessness.

For example, the city's website says that HRP should not be the first responders for instances involving homeless people, but whenever possible, responses should be led by street navigators, service providers and civilian compliance officers.

The report goes on to say that HRP has been receptive to this change, and has "played a reduced role in responding to issues affecting unhoused people and the communities in which they live." 

Shime said "it's very difficult to call upon the police to deal with complex social, economic and political issues."

"That's not what the role of the police is or, frankly, should be," he said. "The city has now moved, the police have moved, to a much more sort of municipal approach."

However, the report emphasizes that homeless people still come into contact with HRP officers on a regular basis.

Report on police board agenda 

On Wednesday, the independent review will be brought before the Board of Police Commissioners for HRM.

The board will vote on whether to ask police and the municipality to prepare a staff report to address the recommendations outlined in the independent review. 

Moreover, the board will vote on whether to create a working group to review the law firm's recommendations pertaining specifically to the police board.

Asif Rashid, a lawyer who represented some of the protesters that were arrested during the evictions, told CBC News he's looking forward to seeing a timely followup to the report, particularly the creation of polices that focus on de-escalation in protest-related situations.

"It would be a huge disaster if the report ... doesn't result in actually action on the ground. That would be terribly disappointing," he said.