Judge throws out Victoria city rules for campers on public property

A provincial court ruling has opened Victoria’s parks for daytime camping, creating a situation called historic by a homeless activist but unmanageable by Mayor Dean Fortin.

Judge Brian Mackenzie declared Kristen Woodruff, David Johnston and Tavis Dodds not guilty Wednesday of violating a city bylaw that banned public camping from 7 a.m. to 7 p.m.

“It means people could set up a tent right now if they were sick. And it’s huge,” a jubilant Woodruff said outside court. “This is a historic moment, not just for Victoria, but for the whole country because it means people can rest if they need to.”

The ruling also creates the possibility of a tent city forming and Victoria police Acting Insp. Jamie Pearce said police now have limited tools to deal with that situation.

Fortin said council will meet this morning to discuss the issue but, until that happens, he could offer no idea of what actions will be taken in the short term. “Our municipality is trying to make the best of a bad situation.”

“We cannot effectively manage our parks if unregulated camping goes on,” said Fortin. But “as long as we have people living on our streets, we have the responsibility to find them housing.”

Mackenzie suggested city council could pass an amendment to its bylaws if it wants to continue to enforce the 7 a.m. to 7 p.m. ban on public camping. That ban was in response to an Oct. 14 Supreme Court ruling that said it was unconstitutional for the City of Victoria to prevent homeless people from erecting shelters to protect themselves from the elements in the absence of sufficient shelter beds.

Outside court yesterday, lawyer Irene Faulkner, who acted on behalf of the homeless campers in their Supreme Court challenge, said the judge had accepted her argument that the city had imposed an enforcement policy on a bylaw that no longer exists.

“If the city does want to go back and amend the bylaw they have to do that through the proper enforcement process which requires public hearings and readings, we very much hope that they’ll consider the needs of the homeless people.”

Robert Randall, chairman of the Victoria Downtown Residents Association, noted that shelter space has been available but there are people who just insist on sleeping outdoors. “If they are allowed to camp there, regardless of whether there are shelter beds available, then it’s clear this is no longer about shelter beds.”

Johnston, who with Dodds was arrested November and charged with the civil offence of continuing to breach a bylaw, called yesterday’s court decision “expected” and “maybe a small victory.

“There’s going to be more politics and more ridiculousness coming from city council and the Chamber of Commerce,” he predicted.

Woodruff, a former Victoria mayoral candidate, was arrested Dec. 9 after refusing to move from the tent she set up in Centennial Square. She was charged with five counts of continuing to violate the city’s parks enforcement bylaw.

In court, MacKenzie said the bylaw has no force and effect as it applies to homeless people and their shelter is temporary. The judge concluded that all three accused were in fact homeless and their tents were temporary shelters. He did not agree with the city’s argument that a shelter is a home.

See story at Times Colonist…