Edmonton man suing city for seizing belongings during 2024 encampment cleanup

Dwayne Cardinal, 55, is asking a judge to find the City of Edmonton liable for seizing and disposing of his personal belongings — including a tent, tarps, sleeping bag, bicycle, stoves and clothing — during an encampment cleanup two years ago. He's seeking $7,000 from the city: $1,000 for the belongings' value, $1,000 in general damages for losing his shelter, and $5,000 in Charter damages.

A summary judgment application was heard August 18, a process allowing courts to resolve cases without trial when sufficient evidence exists. Cardinal argues a full trial would be prohibitively expensive for him.

The dispute centers on Section 610(1) of Alberta's Municipal Government Act, which requires municipalities to keep lost or unclaimed property for at least 30 days. Property can be disposed of sooner only if it is unsafe, unsanitary or perishable. Cardinal argues his belongings were neither lost nor unclaimed — he was actively packing them when police detained him, separating him from his possessions. He contends city workers knew the items belonged to him and saw police apprehending him nearby.

The city argues "lost" includes property temporarily out of an owner's possession. Because Cardinal was arrested and removed, his belongings were no longer in his possession. The city also says workers did not communicate directly with Cardinal and were told by police the site was ready for clearing. Requiring workers to determine ownership of every item would create an impractical standard for municipal cleanup crews, the city argues.

Cardinal also alleges the disposal violated Section 8 of the Canadian Charter of Rights and Freedoms, which protects against unreasonable seizure. He received no notice before the cleanup and was handcuffed while workers removed and disposed of his possessions. The city disputes that Section 8 applies, arguing the Charter protects privacy expectations rather than absolute property rights. The encampment sat on a public, multi-use LRT pathway visible to pedestrians and cyclists, the city notes.

On the health argument, Cardinal says city workers relied on a general cleanup procedure presuming encampment materials were contaminated rather than inspecting his individual belongings. The city counters that crews found used drug paraphernalia including methamphetamine pipes and burnt tin foil, plus 48 needles at the site. Police reports also documented another person defecating near the tent, and an active Shigella outbreak was affecting Edmonton's unhoused population at the time.

Cardinal's lawsuit also names former Edmonton police chief Dale McFee and constables Mathew Bruno and Levi Clarke, but claims against those defendants — including battery, false arrest, false imprisonment and Charter violations during his arrest — are not part of the current summary judgment application. The judge has yet to rule.