A trio of unhoused Victorians have filed a lawsuit against the city after council passed a number of bylaws restricting outdoor sheltering in most city parks.
In October, 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 fails to proportionally balance the petitioners' rights under the Charter of Rights and Freedoms.
In 2008, the courts struck down a blanket-ban on outdoor sheltering outdoors in the city, saying the prohibition unjustifiably infringed on the rights of unhoused people and it left unhoused people exposed to serious and life-threatening conditions and deprived them of their dignity, independence and ability to protect themselves."
As of 2015, the city permitted people to shelter overnight in any city park other than Bastion Square, but by the end of 2023, the number of parks closed to sheltering went from one to 22. In July 2024, council members voted to ban overnight sheltering at Iring and Victoria West parks.
"The closure of those two parks, however, is only the tip of the iceberg. Decisions like this are emblematic of a wider policy of attempting to tackle homelessness by punishing its victims. Trying to fix the homelessness crisis through prohibitions and police does not make homelessness go away. But it does make being homeless much more dangerous 鈥� with often tragic results," said Alexander Kirby, the lawyer for the petitioners.
In their affidavits, dated from September, the petitioners told stories of spending years in and out of shelters, sleeping on streets and in city parks and having their belongings taken by bylaw and police officers. All three eventually ended up living at Irving or Victoria West parks before the sheltering ban.
The petitioners made a case that sleeping in the parks can be safer than on the streets as there is typically a group of regulars at the parks, and an established community.
"Having other people around you know and trust means you always have someone to turn to if you need help. There are people around to watch your belongings; there are people you can call on for help if you feel scared or threatened. There are people nearby who can help you if you have an overdose or other health issue," noted Scheu's affidavit. "I felt safer staying at Irving than any shelter I've been to."
Smith's affidavit explained that sleeping in "the bush" was stressful and dangerous, and that camping on the street near the Mustard Seed on Queens Avenue was an awful experience.
"The street is a chaotic place. There is a lot of violence, theft, and conflict," Smith noted. "When you're on the street, you can't get away from the chaos."
When the city passed the motion to ban sheltering in the two parks by Aug. 1, they also added that 鈥渂etter shelter鈥� would have to be offered to anyone sheltering in those parks beforehand. According to an affidavit written by Nikki Ottenson, founder of the Backpack Project and an advocate for Victoria's unhoused community, she knows people, as of that date, were never offered shelter or housing by either the city or Pacifica Housing.
All three petitioners described spending years on supportive and long-term housing lists, just to receive no offers.
After the closure of Victoria West, Fox noted she bounced around camping at different spots around Greater Victoria for about two-and-a-half months before ending up at Oaklands Park, which is "constant stress" as she lives so far from amenities, and she needs to remain vigilant or bylaw officers will confiscate her belongings.
"I don't know how much longer I will be able to keep sheltering at Oaklands in these conditions. But, I also don't know where else to go," Fox noted.
When Irving Park closed, Smith said at the time of writing the affidavit that he was back living near the Mustard Seed which was "as dangerous and chaotic as it's ever been. He said he had contacted outreach workers and put his name on as many lists as he could find, but he never received an offer.
Smith died in early December.
"At the time of his passing, he was sheltering alone, without anyone to help him or call for medical assistance," Kirby noted.
Kirby says the broader aim of the lawsuit is to push the city to acknowledge the reality of homelessness in Victoria, and to try and push them to change their approach to outdoor sheltering.
"It means that if the city can鈥檛 provide enough indoor housing, it must ensure there is sufficient, accessible outdoor space for people to shelter instead. It also means the city must engage with unhoused people, and take their views meaningfully into account before making decisions like this, which can have serious, if not life-threatening, consequences," he said.
The city is expected to file a response to the petition in the new year, and the petition will go to a hearing scheduled in the spring.
