The BCCLA applauds the British Columbia Supreme Court judgment released today in Victoria (City) v. Adams, which decides that Victoria’s bylaws that prevent homeless people from erecting temporary shelters violate section 7 of the Canadian Charter of Rights and Freedoms. Justice Ross found that the bylaws are arbitrary and overbroad, and cannot be justified under section 1 of the Charter. The BCCLA appeared as an intervener in the case.

Ron Skolrood, lawyer for the BCCLA: “Sleeping outdoors without shelter has serious adverse consequences for a person’s health and safety. Victoria’s bylaws interfere with the ability of individuals to access adequate shelter, a fundamental necessity of life.”

Justice Ross found that due to insufficient capacity in Victoria’s shelters, hundreds of homeless people have no choice but to sleep outside. Victoria’s bylaws prevented these individuals from protecting themselves from the elements, which is associated with significant and potentially fatal health risks.

Grace Pastine, BCCLA Litigation Director: “This decision recognizes 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 BCCLA is Canada’s leading defender of civil liberties. The BCCLA recognizes the potentially catastrophic effects of homelessness on civil liberties, including the right to vote, the right to secure government benefits or essential services, the right to security of the person, and the right to participate in the democratic life of the community.

Ron Skolrood of Lawson Lundell LLP represented the BCCLA.

MEDIA CONTACTS:

Ron Skolrood, Lawyer for the BCCLA 604-897-9134

Grace Pastine, Litigation Director 778-241-7183 (mobile)