SASKATOON, Sask. — Criminal charges against Saskatoon encampment advocate David Fineday and his son were stayed Monday, Nov. 9, a day before their scheduled appearances in Saskatoon Provincial Court, according to Community Legal Assistance Services for Saskatoon Inner City, the free legal clinic representing them.
A Crown-directed stay of proceedings halts a criminal prosecution without a finding of guilt or innocence. Under the Criminal Code, the Crown generally has up to one year to resume the proceedings.
The Saskatoon Police Service said in a statement that officers laid the charges based on the information available when Fineday and his son were arrested Oct. 8, during the clearing of an encampment at Avenue K South and 20th Street West by City of Saskatoon crews.
“What happens in terms of prosecuting those charges is entirely up to Crown prosecutors."
Fineday told SaskToday he was relieved the criminal charges against him and his son had been stayed. He said he believes he was arrested to keep him away from the encampment while city crews cleared the site and installed fencing around the property.
Fineday, 70, who is blind, and his son were charged with mischief over $5,000. He said his advocacy will continue, as many people remain homeless.
“If they had not arrested me, I might have just gone away nice and slow. But they made me a criminal for being homeless. So, look at the criminals out there: 2,000 criminals who are homeless. What are they going to do with them?” said Fineday.
“We know there was no mischief. We didn't do anything. We were smudging and praying. That's what we wanted to do. There were no weapons. Nobody was arguing or fighting or anything like that. They picked me up because I was the 'mayor' and everybody listens to me.”
He also questioned how much clearing the encampment cost taxpayers, arguing the money could have been used to provide housing, rooms, and other support services for people living at the site.
“They could have invested that in housing. In rooms, in anything to put these people in houses under a roof. But what did they do? They tore everything down and left everybody on the street. That’s the problem. When you displace somebody, they have to go somewhere,” said Fineday.
He added that housing is a human right and argued that it is also protected under treaties signed by First Nations leaders and the Crown more than a century ago.
Fineday said he would consult his lawyers about his next steps, including his plan to sue the City of Saskatoon. SaskToday reached out to the City of Saskatoon for comment, but they have yet to respond at the time of posting.
