B.C. Supreme Court finds Victoria has authority to restrict camping in city parks
The ruling leaves Victoria’s park shelter limits in place and says the city can regulate overnight camping through bylaws, despite ongoing shelter shortages.
- On Thursday, the B.C. Supreme Court ruled the City of Victoria acted within its authority by passing 2024 and 2025 bylaws prohibiting "temporary overnight sheltering" in Irving and Victoria West parks.
- Petitioners Krystle Fox, Kimberly Scheu, and Shea Smith filed a petition in October 2024 arguing the ban was "unreasonable" and failed to proportionally balance rights under the Charter of Rights and Freedoms.
- Justice Jacqueline Hughes ruled the 2025 bylaw "demonstrates all the hallmarks of a legislative decision," rejecting arguments that it required administrative review but leaving the door open for a direct constitutional challenge.
- Human Rights Commissioner Kasari Govender expressed disappointment, stating the ruling "presents another obstacle to unhoused people seeking to challenge municipal bylaws that undermine their rights and dignity."
- Alexander Kirby, the petitioners' lawyer, said they are "considering our options going forward," as the court's dismissal permits a potential future action to directly challenge the bylaws' constitutionality.
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40 Articles
British Columbia judge rules Victoria municipal council can legislate to remove encampments
The Supreme Court of British Columbia (BC) ruled on Friday that the city of Victoria can enact bylaws to vacate encampments within its authority. This ruling does not prevent the court from reviewing the bylaws’ constitutionality if the petitioners decide to make that challenge. Justice Jacqueline Hughes found that the BC Community Charter authorizes municipalities to regulate the use of public places and protect the community’s well-being. Thus…
Courts strike down challenge against City of Victoria park sheltering ban - Creston Valley Advance
B.C.’s Human Rights Commissioner said she was disappointed with the Supreme Court’s decision, upholding the City of Victoria’s authority to make bylaws that that restrict people from sheltering in city parks. In October 2024, Krystle Fox, Kimberly Scheu and Shea Smith filed a petition to the Supreme Court of B.C., saying the City of Victoria’s decision to ban overnight sheltering at Victoria West Park and Irving Park was “unreasonable” and faile…
Victoria bylaws restricting overnight camping in city parks upheld by judge
Three homeless petitioners sought to quash two bylaws passed by the city in 2024 and 2025 that prohibited "temporary overnight sheltering" in Irving and Victoria West parks. A court found the city was within its authority to enact the bylaws and dismissed the petition, but left the door open for an action to "directly challenge the constitutionality of the bylaws."
Courts strike down challenge against City of Victoria park sheltering ban - Fort St. James Caledonia Courier
B.C.’s Human Rights Commissioner said she was disappointed with the Supreme Court’s decision, upholding the City of Victoria’s authority to make bylaws that that restrict people from sheltering in city parks. In October 2024, Krystle Fox, Kimberly Scheu and Shea Smith filed a petition to the Supreme Court of B.C., saying the City of Victoria’s decision to ban overnight sheltering at Victoria West Park and Irving Park was “unreasonable” and faile…
Courts strike down challenge against City of Victoria park sheltering ban - Vanderhoof Omineca Express
B.C.’s Human Rights Commissioner said she was disappointed with the Supreme Court’s decision, upholding the City of Victoria’s authority to make bylaws that that restrict people from sheltering in city parks. In October 2024, Krystle Fox, Kimberly Scheu and Shea Smith filed a petition to the Supreme Court of B.C., saying the City of Victoria’s decision to ban overnight sheltering at Victoria West Park and Irving Park was “unreasonable” and faile…
Courts strike down challenge against City of Victoria park sheltering ban - Northern Sentinel
B.C.’s Human Rights Commissioner said she was disappointed with the Supreme Court’s decision, upholding the City of Victoria’s authority to make bylaws that that restrict people from sheltering in city parks. In October 2024, Krystle Fox, Kimberly Scheu and Shea Smith filed a petition to the Supreme Court of B.C., saying the City of Victoria’s decision to ban overnight sheltering at Victoria West Park and Irving Park was “unreasonable” and faile…
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