This case challenged the City of Victoria’s bylaws that prevented homeless individuals from erecting shelters to protect themselves from the elements when sleeping outside. The BCCLA argued that telling homeless people who have nowhere else to go that they can sleep outside but they can’t protect themselves from the elements places the homeless in an impossible situation. The BC Court of Appeal agreed with the lower court and held that denying homeless individuals a place to sleep and the ability to protect themselves from the elements was a violation of the Charter.