BC Civil Liberties Association suing Vancouver over daytime shelter ban
Posted January 30, 2025 6:34 pm.
Last Updated January 30, 2025 7:07 pm.
The BC Civil Liberties Association (BCCLA) says it is taking the City of Vancouver to court on behalf of unhoused people affected by a ban on daytime shelters.
Calling the ban “cruel, dehumanizing, and deadly,” the association is challenging the city bylaws that make it illegal for unhoused people to shelter outdoors during the day.
“Unhoused people deserve to have their government treat them with dignity and respect,” the BCCLA said. “Instead, many municipalities choose to enforce bans on daytime sheltering with callous cruelty by forcing people to either carry their belongings around all day or be violently decamped if they try to shelter.”
According to the group, unhoused people in Vancouver are subject to constant harassment, surveillance, and violence. In its enforcement of the ban, the association says, the city engages in daily street sweeps that destroy people’s personal belongings, including tents, sleeping bags, and medications.
The city’s website says unhoused people are permitted to set up temporary shelters in parks from dusk to dawn but they must be removed at sunrise “to make parks available to support the health and well-being of the whole community.”
In a statement, the city says it can’t comment on matters before the courts, but confirmed staff will review the legal documentation once it is received.
The liberties association says it is “impossible” for those with physical or mental disabilities to set up and take down their shelter daily and then carry it throughout the day.
Jason Rondeau, one of the plaintiffs, was living on the streets for five years until recently when he got into social housing in the Downtown Eastside.
“For myself, it’s not really affecting me anymore because I am housed now,” Rondeau said.
“But I’ve got a lot of friends out there who are still in the thick of it, and their life is hard. Without the sweeps, their life is already hard.”
Vibert Jack, litigation director for the BCCLA, says the lawsuit will also address city bylaws that govern tents on the sidewalk.
“The courts have said already that these types of bylaws are unenforceable at night because it makes it impossible for people to sleep overnight in shelter,” Jack said.
“Our position is the same logic applies during the day.”
For three years, CRAB Park in Vancouver’s Downtown Eastside was the only place in the city where unhoused people could legally camp in the daytime. This was closed late last year.
Now if you’re an unhoused person and you want to camp overnight in a Vancouver Park, you have to take down your tent every morning at 8 a.m.
In its claim, the BCCLA says the daytime shelter ban violates three separate sections of the Charter of Rights and Freedoms, in that it subjects citizens to “extreme cruelty,” puts peoples’ safety, security, and survival at risk, and threatens equality rights of diverse people, including those with disabilities.
With files from Kier Junos and The Canadian Press.