Beginning today, Thursday, August 1st, people who relied on overnight sheltering in parks around Victoria have been left with only three options.
Prior to this, there were five parks in which unhoused Victorians could shelter in between the hours of 7 a.m. and 7 p.m., but Vic West and Irving Parks are now off-limits.
This leaves only Gonzales, Pemberton and Oaklands Parks available for those who need space to shelter.
This change stems from a city council meeting which took place on April 18th, championed by Councillors Jeremy Caradonna and Krista Loughton.
According to a City spokesperson, the individuals relying on sheltering in Vic West and Irving Parks—up until a certain date—were given the opportunity to move into different shelter spaces.
However, as of today, if they do not vacate these parks and comply with bylaw officers, they will be removed from the park and their belongings impounded.
In November of last year, Stadacona, Topaz, Hollywood and Regatta Point Parks also became off-limits for overnight sheltering and before that sheltering was banned in Beacon Hill Park.
Victoria’s legal vulnerabilities
According to Pivot Legal Society, who works with marginalized people and grassroots organizations to challenge policies and practices that undermine human rights, intensify poverty and perpetuate stigma, the City’s continual limitation on parks available for sheltering are counter to the Canadian Charter of Rights and Freedoms.
They say this move will leave the City of Victoria vulnerable to legal action and communicated this to the City in collaboration with the BC Civil Liberties Association (BCCLA).
“Based on the feedback we received, it is clear that the Amendments will cause significant harm to Victoria’s most marginalized community members, particularly given the City’s lack of adequate housing and safe, legal, indoor places to use drugs,” wrote Pivot and the BCCLA.
“Also evident is the complete lack of engagement during Council’s legislative process with people sheltering outside in your community.”
They say the amendments to the Parks Regulation Bylaw are unlikely to withstand constitutional scrutiny and that they do not centre the safety and dignity of people sheltering outside.
Related:
Despite Pivot’s plea for the City to not bring the new amendments into force that further limit sheltering space for unhoused Victorians, their position has been disregarded.
“Homelessness and drug poisoning deaths are on the rise across Canada, and your actions are consistent with the violence unhoused and inadequately housed people face in every region of this country,” concluded Pivot and BCCLA.
Further limitations
Nearly every week, city council makes amendments and proposes new ideas to help mitigate the number of unhoused Victorians in parks and on boulevards throughout the city.
Two weeks ago, on Thursday, July 18th, Councillor Stephen Hammond brought forth a motion which passed, that would see escalated enforcement of daytime and boulevard sheltering. Specifically, the 900-block of Pandora Avenue was of concern to Hammond.
Staff have been directed to come up with solutions to provide more resources to the city in order to more effectively enforce these bylaws.
Last week, Councillor Loughton brought forth a motion that would have staff report back with an update on the status of efforts to support unsheltered persons and people in encampments through the HEART program.
Additionally, she wants to know the number of people experiencing unsheltered homelessness, the projected number of shelter spaces, transitional housing, supportive housing and shelter rate units coming online through HEARTH programs.
In this week’s meeting on Thursday August 1st, the HEART and HEARTH initiative will be reporting back to the City with the information Loughton requested and Councillor Marg Gardiner has a motion coming forward which would further impact those sheltering in parks.
Gardiner wants to have staff explore recommendations that would consider proximity to service providers, and impact on residents living near select parks.
