Halifax tent encampment fire sparks safety, liability concerns

With the cold weather setting in, Halifax Regional Fire has seen a surge in calls for fire service at tent encampments across the Halifax Regional Municipality.

On Tuesday morning, a blaze shut down the Angus L. Macdonald Bridge on-ramp on the Halifax side. A serious tent fire destroyed five tents at an approved encampment site along the Barrington Greenway Trail.

The fire and smoke could be seen billowing high above the overpass and forced the temporary closure of the on-ramp during the busy morning commute.

Earlier this month, another encampment fire destroyed several tents at a Dartmouth location near Wyse Road and behind the former DoubleTree hotel.

In both cases, Halifax Fire says no one was around to claim the tents while they were on scene and no injuries were reported.

As the homeless population grows, so do the concerns around fire safety. According to Halifax Fire Deputy Chief Roy Hollett, they've already responded to almost 40 calls this year for fires or burning complaints at homeless encampments.

"Unfortunately the methods that are being used to stay warm are causing major fire damages and or carbon dioxide poisoning," said Hollett.

But it's not just the safety of those homeless that's a concern but there's also concerns for the safety of the general public.

On the ground at the Barrington Greenway Trail encampment site, one of ten approved sites across the HRM, several extension cords cross a busy pedestrian and cycling pathway.

Those at the tent encampment which caught fire on Tuesday run the cables to an electrical box on the other side of the path for power.

It's the HRM who approved the encampment sites and who are responsible for the reasonable upkeep and services, which could possibly make them liable for any personal injuries as well, says Halifax lawyer Raymond Wagner, president of Wagners Personal Injury Law.

"On the street level, it's the city that has come in to respond to people's outcry, to provide services," said Wagner.

The personal injury lawyer contends this kind of service agreement hasn't been done before but now the HRM is providing services in designated camping areas and so it raises their spectre of liability.

"Once you engage with the so-called tent cities or the tent encampments, you have to do that, in a reasonable and fair manner," said Wagner. "If you don’t, and if you’re negligent in the provision of the services that you do provide, albeit limited, then you’re going to be responsible and potentially for any harm that may be caused to somebody."

Wagner credits the city's response and says it's the right thing to do, but providing homeless services comes with greater responsibilities and liabilities.

Nova Scotia's community services minister Trevor Boudreau says the province is working with the city to support the homeless, but the onus for safety and matters on the ground falls squarely on the municipality.

"HRM has a role to play there, and so it would be municipalities that would be dealing more with that side of things," said Boudreau.

Hollett says the fire service is concerned with fire safety at tent encampments and feels there will be more when winter arrives.

"The tents that we are seeing are not fire retardant," said Hollett. "They will burn and they will melt, and if you are inside one and it's burning or melting, you are going to get seriously injured or if not killed."

Hollett says they will continue to work with the province and other support groups to encourage those living rough to find shelter.

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