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.
22 Articles
22 Articles
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…
The Toronto Star
B.C. Supreme Court finds Victoria has authority to restrict camping in city parks
VICTORIA - The B.C. Supreme Court has found that the City of Victoria did not go beyond its authority by passing bylaws restricting overnight camping in some city parks.
Penticton Western News
Courts strike down challenge against City of Victoria park sheltering ban
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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