Province appeals B.C. Supreme Court decision to block sheltering in Beacon Hill Park

The British Columbia government is looking to reverse a court ruling that declared Beacon Hill Park off-limits for overnight camping.

The province is appealing a B.C. Supreme Court decision from February that declared sheltering in the park was not allowed under the Trustee Act, clarifying a dispute between advocacy groups and the City of Victoria.

For the lawyer of one of those groups, the Friends of Beacon Hill Park, it wasn’t immediately clear why the province is appealing the decision.

"This came as a big surprise," says John Alexander, the lawyer representing the group dedicated to protecting the park's culture and ecosystem.

The group raised concerns about people sheltering in the park during the height of the COVID-19 pandemic.

"My clients are very upset and concerned about the potential costs of another expensive court battle," Alexander told CTV News.

"We have very little idea of what it actually is that is of concern to the Attorney General and its lawyers."

The city is the trustee for the park and it was the city that first sought clarity on whether camping was allowed there.

The province said the issue isn’t about allowing camping in Beacon Hill Park, but whether the court’s decision could have ramifications for other parks that involve trusts.

"There are several parks that are subject to trusts like this that make the court’s decision significant," B.C. Attorney General David Eby said in a statement to CTV News on Thursday.

"The court’s decision raises questions about the way that changes to all of these parks’ uses can be undertaken by the province or by the cities where these parks are located, questions about the applicability of the Charter, and more specifically, questions about how the province should address local First Nations’ concerns about this particular park," Eby said.

Victoria Mayor Lisa Helps declined an interview on the park matter Thursday, citing the fact it's a provincial appeal that's now before the court.

The lawyer for the Friends of Beacon Hill Park called it "very surprising that the province has now come forward and said we want to interrupt or disrupt or undo the clarity that the court provided to all the parties."

With files from Anna McMillan