TENT CITY REMOVED by POLICE Oct 18
This video was taken on the final day of homeless week at the Mayor's Grove in Beacon Hill park. The first shots with all the media present as everyone anticipated the removal of the tents before 7 am came and went. At 7:30 am the current acting mayor was on CBC radio stating that the tents would not be removed. Then five hours later the police showed up stating that they were ordered to remove the tents with no warning from the mayor or the police of chief, neither of which were present at the time of the take down. So this lead to a confrontation between the police and the homeless as the homeless tended to believe that the mayor was going to follow through with his announcement. So as predicted things got very tense, people were arrested once again for not taking down their homes. People were being fined $100.00 a piece they have now lost their only possessions again and are being told they can only set up their tents from 9 pm to 7 am. There is only one problem they no longer have their tent, sleeping bags or a change of clothes. Their ID was taken so now they are being harassed for having no ID and they are now being asked to vote in the next municipal election
The five people arrested on this day are now going to be going to court on Frday Nov 28 @ 9am.
Take the risk
Dec 10, 2009 Up date on Anti-camping by-law in Victoria.
The right of homeless people to set up temporary shelters in public parks has been upheld by the B.C. Court of Appeal.
Yesterday’s ruling keeps in place an October 2008 court decision striking down a City of Victoria bylaw that prohibited camping in public parks.
The City of Victoria was joined by the province and the Union of B.C. Municipalities in its appeal, arguing that the ruling impeded elected officials from setting public policy.
Appeal Court justices disagreed, saying: “The order is not an improper intrusion into policy decisions of elected officials.” The city appears to have lost its appeal on all points but one, where the justices altered the lower court ruling that addressed “temporary shelter.” The Appeal Court justices altered that to read “temporary overnight shelter.”
Lawyer Irene Faulkner and her law partner Catherine Boies Parker argued the original case against the bylaw, which involved an October 2005 incident where people set up temporary shelters in Cridge Park.
The decision is ground-breaking and could have ramifications far beyond Victoria, Faulkner said. “The court clearly recognizes the very basic charter rights of marginalized populations, and notes that their liberty interests, their right to independence and dignity is acknowledged,” Faulkner said. “I think from here that it could be a building block that further cases will be built on.”
The challenge dealt with a city bylaw that prohibited erecting temporary shelters in public parks at any time.
After the October 2008 court ruling, the city brought in a new bylaw that allows temporary shelters to be erected between 7 p.m. and 7 a.m.
Whether that bylaw will satisfy the courts remains to be seen, said Faulkner. She said that several arrests have been made under that bylaw and it is possible that another Charter of Rights and Freedoms case could develop.
Sgt. Grant Hamilton of Victoria police said he would comment on the decision after police have an opportunity to interpret it. “It’s very lengthy and very complicated,” Hamilton said.
Katie Josephson, spokeswoman for the City of Victoria, said city lawyers are examining the decision and will make a closed-door presentation to city council today.
The city’s court loss came on the same day that Victoria police arrested David Shebib for erecting a shelter at Cridge Park, where the original tent city sprung up in 2005. Shebib has court conditions prohibiting him from squatting in parks at any time of the night or day.
Hamilton said Shebib was protesting the jailing of David Johnston, who was arrested Nov. 24 for violating court conditions that ban him from setting up a tent in Centennial Square. Johnston was sentenced to 45 days in jail, but that sentence stems from violations of court conditions and not from the city’s bylaw on erecting shelters.
Johnston faces charges under the 7 p.m. to 7 a.m. bylaw, Faulkner said, but no court date has been set.
Faulkner doesn’t expect much to change immediately. “What does it mean on the ground tonight? I don’t think anything has changed,” Faulkner said.
The City of Victoria is on the hook to pay Appeal Court costs, as well as the October 2008 court costs. How high that bill will be is not known.
Take the risk