Homeless camps now legal in city parks
Bit of interesting news out of Victoria this morning, the BC Supreme Court has ruled that the cities homeless can legally camp in Victoria parks.
“Yesterday it was illegal to set up my tent. Today it isn’t,” said David Johnston, one of the homeless activists who argued they have a right to sleep outdoors on public property.
Lawyer Catherine Boies Parker, who acted on behalf of the homeless campers in their court challenge of the city’s anti-camping bylaw, confirmed the 108-page judgment upheld their argument that a City of Victoria bylaw that prohibits using “temporary abodes” like tents and large tarpaulins for shelter in parks and public spaces violates the rights of the homeless.
She said the judgment noted that in the absence of sufficient safe and secure beds for the homeless, it was unconstitutional for the city to prevent them from erecting some form of shelter to protect themselves from the elements.
The decision came three years after a group was arrested in October 2005 for setting up a “tent city” in a Victoria park. The eviction sparked the court challenge.
Anyone remember the tent cities in Vancouver parks from just a few years ago? It will be interesting to see how this decision works out for us in the coming months. The Mayor of Victoria, Alan Lowe predicts the impact of the decision will be felt throughout Canada. I predict that the impact will be felt to a greater degree in places with a warmer winter climate, ie Victoria and Vancouver.
The judgment does not bode well for city parks, Lowe warned. “Our city parks are not equipped to support camping of any kind. “We’ve seen first hand the ill effects of tent cities. In 2005 . . . we saw a tent city that had become a hub of illegal activity, health concerns and vandalism,” he said.
“These are not acceptable conditions for our parks and green spaces, but even more importantly these conditions are not acceptable for the homeless.” Lowe said there were no winners with the judgment. “This is still no way to accommodate our homeless and will be detrimental to the families and children that enjoy our park system.”
At the conference, Acting Police Chief Bill Naughton said police will respond “situationally” to any homeless encampments. “We’ll see what confronts us and act accordingly,” he said.
October 23rd, 2008 at 12:55 pm
Press Release For 'Right to Sleep' Charter Ruling (Victoria, BC, Canada)
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Good day and patience be with us all.
It is phenomenal, what is happening here in Victoria and soon the rest of Canada and the Commonwealth. Essentially, non-property holders have been given the right to exist and property holders are freaking. A BC Supreme Court ruling on the Constitutionality of municipal Bylaws that prohibit sleeping (in a temporary abodes in crappy weather) in public spaces has just come down. The crux of it is, quoting the presiding judge, the Honourable Madam Justice Ross, "In these circumstances I have concluded that the course that is most appropriate is to grant a declaration that the Bylaws are of no force and effect insofar as they apply to prevent homeless people from erecting temporary shelter." Leaving the municipality the responsibility of guiding away the temporary abodes to places more fit for the job than any public access land that might not be so (from deep bush to the lawn in front of city hall). In the case of Victoria, however, the city's response was the inception of a new bylaw restricting temporary abodes between 7:00 AM and 9:00PM, during the day when even you can't sleep at any shelters. The city is aware that it is unconstitutional, it is only a matter of time before they are held accountable and they realize they can restrict all tents from parks if they did have a place for them to go (these places, of course, lest they turn into internment camps, will have provisions for growth and mayhaps even the barest of amenities).
The dramatic concern and biggest excuse in resenting tent-cities is the crime it attracts. No doubt, along with the soon to be massive influx of 'ordinary Joes and Janes', the most undisciplined of society will be attracted to the notion of having their own space at tent-cities… so sometimes it becomes the responsibility of the individual accepting notions of maturity, standing and not putting up with meanness, period. People will find tent-cities have lives of their own and adjust just as efficiency dictates.
With that, I would suggest that the 'Crown' will never acknowledge total financial collapse and subsequently is not preparing for it, beyond resorting to psychotic behaviour to live as long as it can (A.K.A. Tent-cities are not in the 'management' plans of the rulers).
So, with all sacredness, patience be with us all.
Presume innocence of each piece of life, at least until you know better, and the joy of a loving community will be yours.
cheers and peace,
David Arthur Johnston
Victoria, BC, Canada
Journal of the Occupation of St. Ann's Academy (Victoria, BC, Canada)- http://www.angelfire.com/apes/hatrackman/welcome….
Crimes of Necessity- http://www.loveandfearlessness.com (from filmmaker Andrew Ainsley. Very comprehensive.)
October 16th, 2008 at 11:54 am
Helen honey,
Whatever you're on, either boost or cut the dose. Trust me… the sun comes up, the sun goes down…. nothing else is certain.
I find if I pay too much attention to the condo market, it just makes me crazy. Vancouver isn't perfect but it has its charms, even when it's raining. Try and find 'em, otherwise you'll just end up curled up under the bed.
Just remember: Any day without a comment from krrish/thumsup/satv is a good day indeed.
October 16th, 2008 at 11:10 am
CAMPING IN YOUR OWN CITY!
this truly makes bc the best place on earth!!!!!!1
October 16th, 2008 at 7:53 am
way to go canada !!! you messed this up real good.
i hope kaos ensues!!!! isnt that just like our leaders in high places to pull this off!!! im sick of all this crap!!!
but what the heck this is nothing but dictatorship , so i think ill go camping myself!!
what do you think? Have fun trying to stop me!!!
finally the homeless get a break!!!
i get erked with all the stupid rules in todays society
signed , Sick and fedup with this life!!!
I hope you all listen well all this is, is bull crap.!!!!!
October 16th, 2008 at 6:51 am
Jesse:
Thanks for the info re: Charter
Charter cases are always interesting if they actually get pushed to that point.
However, we have the 2010 Olympics coming, and it appears that standard policy is that host cities engage in massive "clean ups " for the short term. This ruling would apply throughout Canada… but Gordo must be concerned even more , given this ruling actually allows the homeless choice. The homeless can really exploit this ruling…setting up tent cities in strategic locales.
Somehow, I sense a fix in the works…and lawyers are scurrying as we speak.
October 16th, 2008 at 6:34 am
Finally some sense from islander. This ruling is a mess. Homelessness is a legitimate problem, and finally the government is spending some money on assisted housing, which is the right thing to do, but this ruling is shortsighted to the extreme. Maybe I'll set up a homeless camp across the street from this judge's house and see how that goes.
Don't forget that we are also the haven for all of Canada's homeless thanks to our climate. If we are bitching at the government, we should be calling on Harper and friends.
October 15th, 2008 at 11:12 pm
Once again proving that judges have their heads planted up their @zzes.
Victoria is already a mess. Making it legal for derelicts to set up home in parks is the final nail in the coffin of a once admirable city.
October 15th, 2008 at 10:29 pm
Infinity condo? Why are we talking about housing here? are you all suggesting they sacrifice they're units for homeless housing? or perhaps we should confiscate theose homes and the homes of the owners and anyone else fiscally responsible and donate the funds from those homes for low cost housing…
I would like that…
so the government should confiscate the untouched land or whatever skeletons of condos exist there then spend cents on the dollar to outfit the spaces with no luxury features and low cost housing.
This credit crunch is a figment of some moneygrubby lenders and some stupid polition… hmm, so a few years ago they all started giving out low interest loans… now they could make more money if they hadn't loaned it out at such low rates so they want to hike the interest rates and terms they agreed to a few years ago just so they can make more money (at least they are losing money two ways now)… so why not force them to renew the original terms of the low interest loans (this wouldn't not negative interest) they agreed to once before just because the interest rates have changed. The reason people are defaulting on the loans is because they raised the rates, well prevent them from raising the rates, make them keep the original rates for a few more years and let the shareholders suffer… don't accept the rates, screw the idiot borrowers and let the lenders screw EVERYONE.
October 15th, 2008 at 10:13 pm
So, what about anyone just camping out on beaches? or am I still homeless if I camp out in my RV? (what if I park down the street and walk 3 steps before I start camping?).
RV probably not, but anyone not paying any camping fees isn't a problem… nor would be camping on beaches or any public land? parliment grounds?!
I won't mind, but I think anybody doing drugs or drunk while camping should be given housing in jail or detox for a few months. If not for one non-so-illegal activity, I hope the others are so easily forgiven because of the circumstances.
Actually, I think we should be deporting people back to the eastern provinces if that is where they are from or they should be compensating us because we have the nicer climate out here. Toronto needs to send us some funds for their housing problem. If people can demonstrate they were originally from BC then BC parks should be funding them otherwise they shouldn't have the luxury (actually it isn't them, it is Canada).
Now we should be expecting a larger influx of homeless and transients as this news spreads so again I would suggest ammending this to curtail the impact… BC-only homeless.
I guess certain provinces or areas have had a greater resource drain and so perhaps documenting and giving the homeless some a type of IDs will start helping the governments trace the source areas of the problems and maybe then the recipient areas of problems can get some relief.
October 15th, 2008 at 9:30 pm
Perhaps they should spend the millions on mental health and treatment instead of the olympics…ahh..wishful thinking…
October 15th, 2008 at 9:30 pm
Could the tent cities become the next Hoovervilles?
http://z.about.com/d/seattle/1/0/4/4/-/-/hoovervi…
October 15th, 2008 at 8:42 pm
It’ll be interesting to see if, down the road, we end up with tent cities made up of ex-homeowners, like they have in California now.
This is a falsehood drummed up by the media.The tent cities in California are made up of traditional homeless (mental problems, drugs, etc). There may well be a few "ex-homeowners" among them since it used to be possible for absolutely anyone to "buy" a house.
The "ex-homeowners" in California (I use quotes because they never "owned" their houses in the first place) are just moving to rental housing, which is in abundant supply and cheaper than their former mortgage payments.
October 15th, 2008 at 7:22 pm
So typical of Canada, dripping with phoney "compassion" that is just a cover for impotence and incompetence.
October 15th, 2008 at 4:41 pm
From 1130:
The worldwide credit freeze-up has hit home with a big impact in Surrey. 'The Infinity at Central City', the largest residential complex in the history of Surrey, is now under court protection from bankruptcy.
With just one of the 35-storey towers completed and occupied, Infinity's South Korean developers have been granted protection from their creditors. The Infinity is supposed to have five high-rise towers and 1400 units. Robert Millar, lawyer for Jung Developments and Hee Yong Yang says "Yang has been adversely impacted by these changes and world wide tightening in the credit and financial markets." He says the project has had no cost overruns.
Two other towers are under construction and 560 pre-sale buyers have made deposits.
Ruh-Roh.
It's like dominoes, folks. Big, glassed-in dominoes.
October 15th, 2008 at 4:37 pm
Game over for Infinity (Surrey) today. Many more to follow.
It's on News1130.com
October 15th, 2008 at 4:22 pm
"So unless he wants to institute a homeless kill program we need a real solution to the problem."
The Gordon Campbell led death squad solution probably wouldn't stand up under the Charter but any court ruling would be post hoc so maybe they would try it.
October 15th, 2008 at 4:19 pm
"I can’t see this judgement lasting too long without being challenged or else specific leglislation passed to address it."
This was a Charter ruling so legislation will do nothing. From the ruling:
The judge also was careful to rule that the bylaw made it impossible for the homeless to stay safe but did not decide on a longer term remedy, one that could involve specific provisions for shelter zones and the requirement they not be permanent, as examples.
I expect the bylaw will be amended and worded such that while one can erect shelter in a public place, there are sufficient rules in place so as to make it a less desirable choice compared to alternatives (of which there are none right now in the judge's estimation).
There was an argument by the city's lawyers that the greater good of safe parks with dead homeless people (section 1 of the Charter) was preferable to letting the homeless survive (section 7 of the Charter). That argument was rejected. Gotta love lawyers.
October 15th, 2008 at 4:12 pm
Well, I know what I'm doing this weekend. I'm going to go camping in a Victoria Park. Instead of paying fees to a campground, I can just walk down the street and get an oceanside camp site.
October 15th, 2008 at 4:02 pm
Infinity condo development in Surrey now toast. That sucking sound you hear? Another one biting the dust.
October 15th, 2008 at 4:01 pm
Infinity condo development now toast.
October 15th, 2008 at 3:59 pm
I have an off topic question/comment
I will be finishing university (finally) after many years and will be returning to Vancouver to a good professional job (lawyer) – I took a look on mls at condos in the downtown area and notice that I wouldn't even come close to being able to afford/mortgage one. So my question is – who's buying these for such a price? Should I anticipate renting for the rest of my life?
October 15th, 2008 at 3:38 pm
"Key statement. If it is impossible for the homeless to be housed, they must have a viable legal alternative, so says the judge. Watch out, Vancouver; you’re next."
Yes. The root cause of the "homeless crisis" was Gordon Campbell shutting down mental institutions and kicking crazy people out on the street. The court is effectively saying that this is the end of the line, these people have nowhere else to go so you can't criminalize them being where they are.
The really sad and angering part is that studies have shown that it costs taxpayers more to have such people homeless rather than provide them with housing and care. Homeless people are a burden on emergency services, which cost far more than institutional care. I'm sure Gordo wishes they'd all just go away, but they won't. So unless he wants to institute a homeless kill program we need a real solution to the problem.
It'll be interesting to see if, down the road, we end up with tent cities made up of ex-homeowners, like they have in California now. At least such people won't get hassled by cops when they're already having a shitty time of it.
October 15th, 2008 at 3:19 pm
Nice find dingus. Not sure why they discuss the national average. There isn't a "national housing market". I suppose they do so in order to spin the numbers however which way they want to present them.
2009 is shaping up to be one hell of an interesting year. The wife and I had decided to wait until the fall or winter of '09 before we would even consider buying a home(bearing any unforeseen life changing events). The way things are going in '08, I like our chances.
October 15th, 2008 at 3:10 pm
Well, like any judgemment, it can have a narrow focus. When other issues arise and conflict, the judgement could get trumped. ie if this becomes a health issue… other rules and Acts may overide and apply
At face value…the Court is implying that society has an obligation to house the homeless, or else all public property is fair game as next option . So….Then let's pitch tents inside warm dry Libraries ?, Schools? , Lt. Governor General living room???
I can't see this judgement lasting too long without being challenged or else specific leglislation passed to address it.(especially with the 2010 Olympics upcoming), though I do have a LOT of sympathy for all these homeless people and a lot of respect for the Lawyer who likley did this case Pro Bono.
October 15th, 2008 at 2:45 pm
Falling house sales, prices in B.C. drag down national average
Derrick Penner, Vancouver Sun
Published: Wednesday, October 15, 2008
VANCOUVER – Falling sales and declining prices in British Columbia's high-priced Vancouver, Kelown and Fraser Valley markets weighed on the national average home price, which declined 6.2 per cent in September compared with the same month a year ago, the Canadian Real Estate Association reported Wednesday.
http://www.canada.com/vancouversun/news/story.htm…
October 15th, 2008 at 2:38 pm
http://www.financialpost.com/most_popular/story.h…
October 15th, 2008 at 2:18 pm
What a mess!!!
Locals pitched a fit in Vancouver when the homeless started a small camp at Jericho Beach a couple summers ago. I live just a few blocks away and regularly walk along the beach trail down there and never even noticed it. People are going to go ape-sh** when a full-on camp gets rocking down there! And conveniently located just a few blocks from you "million dollar home" in Kits/Point Grey!
On the plus side, maybe the(formerly) homeless can now make a killing like everybody else renting out their pallete-shacks to Olympic visitors!
October 15th, 2008 at 1:41 pm
"She said the judgment noted that in the absence of sufficient safe and secure beds for the homeless, it was unconstitutional for the city to prevent them from erecting some form of shelter to protect themselves from the elements."
Key statement. If it is impossible for the homeless to be housed, they must have a viable legal alternative, so says the judge. Watch out, Vancouver; you're next.
October 15th, 2008 at 1:36 pm
Wow, Dow down 733 points today. Monday's rally was entirely wiped out. Dow dropped because retail sales in the U.S. dropped off a cliff:
http://money.cnn.com/2008/10/15/news/economy/reta…
I wonder if the bailout and the nationalization of banks is going to help much. When the layoffs start happening next year in Canada, the price cuts in Vancouver will accelerate even faster