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“Much as I would sometimes like to think that judges can solve problems, we don’t. Much as I’d like to think that a judge is the arbitrator in a justice system, where justice is handed out, what I really am is a dispute resolution manager who finds facts, figures out what the law is, applies the law and no more.”

Photo by RICHARD LAM / 00049742A

The judge added that it was important for someone to apply the law, because applying the law and enforcing the rule of law creates a level of expectation and a level playing field in society.

“But abiding by the law doesn’t necessarily create a justice system for all those who come to the courts for redress.

“The solution to the housing crisis in Vancouver and particularly the homeless crisis in Vancouver more appropriately is something that requires a long-term solution that as a judge I cannot do and cannot address, unfortunately.”

The society argued that it would lose the $9-million project if the protest site wasn’t cleared away in part because of funding deadlines, including a $500,000 grant from an unidentified German foundation that threatened to pull out if the site was not dismantled by the end of June. Another $800,000 in federal funding was also on the line.

Court heard that there are more than 2,000 homeless people in the city, about 38 per cent of them aboriginal, while the city’s population in general has only 2.5 per cent aboriginal people.

The judge said he was satisfied that irreparable harm would befall the society if the injunction was not granted and ordered the site be cleared out by Wednesday noon.