Sheltering is prohibited at Beacon Hill Park, says B.C. Supreme Court

The B.C. Supreme Court has concluded that sheltering at Beacon Hill Park is not permitted under the Trustee Act, clarifying a dispute between advocacy groups and the City of Victoria.

The city sought clarity on the subject from the court after advocacy group Friends of Beacon Hill Park Society (FBHP) raised concerns about homeless people sheltering in the park during the COVID-19 pandemic.

While the court announced its decision Thursday, the city notes that the court did not provide orders on what to do, it only provided the municipality with advice on how to interpret its trustee responsibilities.

In September 2020, Victoria adopted temporary amendments to its overnight sheltering bylaw, which allowed for 24/7 sheltering at select parks.

The amendments were made during the early days of the pandemic, when mandatory physical distancing policies pushed many people out of shelters and into parks around the region, "from approximately 24-35 temporary shelters before March 2020, to 465 by April 24, 2020," reads the court ruling.

The move was controversial among some community members, including members of the FBHP.

B.C. SUPREME COURT WEIGHS IN

With Victoria being the trustee for Beacon Hill Park, the city later sought clarity on if camping was permitted at the park, with counsels from the FBHP, Together Against Poverty Society, individuals Shea Smit and Dennis Davies, and the Attorney General of British Columbia participating in the question process.

"The city brings this petition because increased sheltering has occurred in the park over the past several years, raising the question of whether such use is consistent with the maintenance and preservation of the park for 'the use, recreation, and enjoyment of the public,'" reads the judgement.

"The city seeks guidance on how to reconcile the Trust terms with the constitutionally protected right of persons experiencing homelessness to shelter overnight in public parks where no shelter space is otherwise available."

In short, Justice Robert Punnett ruled that camping at Beacon Hill Park is not permitted under the trust, which tasks the city with maintaining the park "for the use, recreation and enjoyment of the public."

While advocates with the Together Against Poverty Society argued that "use" of the park under the trust should include sheltering, Punnett said he did not agree with that interpretation.

"The phrase 'for the use, recreation, and enjoyment of the public' in my view means the public may 'use' the park for the purpose of 'recreation' and 'enjoyment,'" he said.

Punnett added that sheltering does not qualify as recreation or an activity for "enjoyment" under the terms of the trust with the city.

NEXT STEPS

The City of Victoria says it's reviewing the court's decision. In the near future, no changes are expected at Beacon Hill Park, since camping was already prohibited at the park in 2021 for at least the next two years.

"We are grateful to the court for its opinion and advice to clarify this question and the nature of the trust for the City and the community," said Victoria Mayor Lisa Helps in a statement Thursday.

"It is important for the City to have a definitive answer to this question once and for all," she said. "Sheltering in parks is not a solution to homelessness and we are working closely with the province and our partners to achieve functional zero homelessness in the Capital Region."