Lawyer Irene Faulkner Updates Case

The Attorney General's office for British Columbia has intervened in the case against homeless people sleeping outside. Based on a City of Victoria bylaw an injunction was requested to end a tent city in Cridge Park in October 2005. This tent city followed 2 others, one on the lawn of the BC Legislature (Camp Campbell) and another in the orchard in front of St. Anne's Academy. Challenged on a constitutional basis the City of Victoria tried to back out of the case but a BC Supreme Court Judge denied a discontinuation applied for by the City. The Attorney General's office has requested a postponement claiming they have to get up to speed on the case. However, this case has been posted for 2 years and now will not likely appear in court until Spring 2008. Meanwhile homeless people across the nation have waited long enough.

The city of Victoria has more than 1,200 homeless people or people at risk of being homeless as registered by a survey conducted by the Cool-Aid Society. (See: Victoria_Homeless_Needs_Survey_2007)

Since the city only has 170 bed, mostly provided by charity organizations, there is nowhere for people to sleep. Therefore, a law that criminalizes sleeping outside, when there is nowhere else to sleep, is unconstitutional.

“Everything was filed on time to get the 18a set for September 10, 2007 and the Province and Canada were served with the notice of constitutional question in accordance with the legislation.” said Irene Faulkner.

The Attorney General's office has asked to postpone the case, likely until February 2008.

The city of Victoria has more than 1,200 homeless people and only 170 bed, therefore, a law that criminalizes sleeping outside is unconstitutional.

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