VICTORIA - A judge says a growing rat problem outside Victoria's court house is a sign that conditions are deteriorating at the homeless encampment on the courthouse grounds.

British Columbia Chief Justice Christopher Hinkson is hearing the provincial government's second request for an injunction application to shut down the camp and place the estimated 100 residents in government-provided housing.

Hinkson rejected the government's original injunction last spring, ruling that there was no proof the government would suffer irreparable harm if an injunction to remove the campers wasn't granted.

Crown lawyer Warren Milman says an injunction is required because the camp has been declared a fire hazard and safety, sanitary and living conditions have deteriorated since the previous court hearings in March.

The lawyer representing the campers, Catherine Boies Parker, says any court order should not involve a blanket eviction notice because the area has served as a secure place for the city's many homeless people.

Hinkson says it's clear that conditions are degenerating because of the growing rat problem at the site.

“You are going to have to persuade me if I can make this kind of order,” said Hinkson, when Boies Parker asked the court to consider a staggered closure of the camp once fire issues were improved.

“It has to be clear,” he said. “This is far from clear.”

Boies Parker told the court it needs to consider that the tent city residents have created a safe, secure and adequate shelter for many of the city's most vulnerable people.

“We say there's been no significant deterioration.”