The BC Civil Liberties Association (BCCLA) has initiated legal action against the City of Vancouver, aiming to overturn the city’s controversial ban on outdoor sheltering during the day. Announced on January 25, 2025, the lawsuit asserts this policy is not only “cruel and dehumanizing” but also poses severe risks to the health and safety of the unhoused population.
The legal challenge is being led by the BCCLA along with three individual plaintiffs: Lindsay (Zee) Roy, Brittany Littlejohn, and Jason Rondeau. The lawsuit claims the ban violates sections of Canada’s Charter of Rights and Freedoms, arguing for the fundamental right to adequate shelter at all times, day or night. According to Tim Dickson, the lawyer representing the plaintiffs, “Every person needs access to adequate shelter during the day as well as at night.”
Under the current legal framework, individuals seeking to shelter outdoors must dismantle their setups by 8:00 AM, leaving them vulnerable and without necessary resources throughout the day. A 2009 B.C. Court of Appeal decision established the right to shelter outdoors when adequate alternatives are unavailable at night, but the BCCLA contends this ruling does not extend protection during the daytime hours, deeply impacting the lives of those living outdoors.
The claim highlights the operation of what it describes as “daily sweeps” conducted by the city, which frequently destroy encampments and seize belongings from individuals experiencing homelessness. The BCCLA argues this practice directly contravenes the Charter’s provision against cruel and unusual treatment by the state. Vibert Jack, litigation director for the BCCLA, emphasized the dire consequences of the policy: “What the city is doing to the unhoused community here in Vancouver is taking all of [their rights] away from them and killing them, frankly, and we want it to stop.”
Both Roy and Littlejohn have shared their distressing experiences with this ban. Roy has faced numerous instances where her belongings were confiscated by city enforcement, leading to significant trauma relating to her living conditions. Littlejohn, who had resided at CRAB Park for years, recounted how community and support were fundamental to her survival, saying, “It wasn’t perfect, but I became part of a community there.”
Rondeau, another plaintiff, illustrated the daily struggle of being forced to relocate repeatedly and the dangers posed by the current shelter policy. “The city’s solution is just to spread us out... and hope we become less visible because of it,” he remarked, underscoring the failure of this approach to address the root causes of homelessness.
Legal experts have noted the innovative nature of this lawsuit, as it solely focuses on the right to shelter during daytime hours, potentially setting precedence across Canada. Stepan Wood from the Allard School of Law at the University of British Columbia indicated the lawsuit uniquely targets daytime sheltering rights, which have not been previously adjudicated at this scale. He believes this could symbolize a shift toward more equitable treatment of those experiencing homelessness.
Under Vancouver's existing regulations, people are permitted to set up temporary shelters from dusk till dawn but must vacate public parks and streets by sunrise. This methodology has drawn heavy criticism, as many individuals facing homelessness have reported feeling unsafe and vulnerable due to the rigorous enforcement of these rules. Advocates assert these measures disproportionately impact people with disabilities and those belonging to marginalized groups, thereby violating equality rights as stipulated under section 15 of the Charter.
The timing of this lawsuit also coincides with recent municipal announcements about halting new supportive housing projects, as Vancouver's Mayor Ken Sim indicated plans to pause construction initiatives intended to provide more housing options. Advocates have expressed alarm over this decision, especially amid rising rates of homelessness and the continuous lack of support for individuals battling mental health issues or substance dependency.
Moving forward, the City of Vancouver is expected to respond to this civil claim within three weeks. While the legal proceedings are set to take place, the overarching issue remains: the rising tide of homelessness and the apparent inadequacies of the city's response. Critics of Vancouver's policies urge immediate reconceptualization of how the city addresses its unhoused population, warning against the detrimental impacts of ignoring this pressing humanitarian crisis.
It is evident from the sentiments shared by the plaintiffs and human rights advocates alike, Vancouver's current sheltering ban is not just about tents on sidewalks; it is about recognizing the dignity and rights of one of society's most vulnerable populations. The outcome of this lawsuit could greatly influence the future of homelessness policy not only within Vancouver but potentially across the nation.