City of Victoria Fences Off Vic West Park, Closes in on Irving Park; Community Takes Grievances to Council

As the most recent amendment to the City of Victoria’s Parks Regulation Bylaw came into effect this morning, public officials have dramatically started the crackdown on two park encampments, while the community is mobilising to fight back.

I was at Vic West Park this morning in a capacity of legal advocate, supported by two legal observers. The cavalry arrived at around 8:50am, with twice the usual numbers: ten bylaw officers and four police officers. They immediately set up a very large cordon, which I would estimate at fifty metres wide, surrounding three lots of campers, while a fourth was outside some distance away from the area. One tent was impounded. No arrests were made.

Since I was indeed attending as a legal advocate, I delivered copies of a letter written by the Pivot Legal Society and the BC Civil Liberties Association, sent two days ago to the Victoria City Council, warning them of legal jeopardy under Article 7 of the Canadian Charter of Rights and Freedoms for their latest amendment to the Parks Regulation Bylaw, and that they could face imminent legal action as a result. At least one bylaw officer told me he’d already read the letter, most likely sent down via his own chain of command. Predictably they did not cease and desist, however.

The city staff was forced to be courteous and helpful with the remaining residents, three pairs of inquisitive eyes and two camera being pointed at them. Some tried to help a couple relocate; they offered to drive them to Pemberton Park but the couple declined. Then it was suggested they go to Saanich instead, and a bylaw officer even reached out to me asking whether I could help them get a ride out of the city; I honestly replied I sadly had no such help to provide. I also reminded him that they are not allowed to push homeless residents beyond municipal borders, but apparently the move is voluntary. Even then, I had a chat with the couple, who admitted they had nowhere to go, and are looking into trying Esquimalt or Saanich in desperation.

Once every unhoused resident had left the premises, city employees proceeded to fence off the entire area, to prevent anyone from returning. That being said, even such a drastic measure can only do so much to prevent guerilla camping by desperate people being displaced to nowhere.

The sweep team had actually hit Irving Park first, where another legal advocate and an unknown number of legal observers were lying in wait. A resident of the park, Michael Delday, then hanged himself in protest at a nearby tree, some time between 7:30am and 7:45am. Witnesses report that the police officers were hesitant to help the old man and had to be urged to intervene. The protester has not sustained any injuries, but has been apprehended under the Mental Health Act. He was out of the hospital by tonight.

This shocking turn of events has prompted the community to mobilise in an emergency, such that the quiet call to support advocates addressing the city council tonight would turn into a call for a protest at Centennial Square ahead of the meeting, put together by an ad hoc coalition of activists including Stop The Sweeps Victoria and LLEOHN.

About ninety people showed up. Multiple speakers came forward to address the crowd, mostly unhoused residents of Irving Park, including of course Michael Delday who came to share his ordeal. Another resident announced they would be standing their ground in protest at the park, determined to stay until their demands are met. A letter sent to the Victoria city council earlier in the day states the said demands, which include housing, better access to essential facilities at the park, that all camping bans be lifted for the duration of the emergency, that their right to protest be respected, and accountability for rogue bylaw officers.

I myself took the mic tonight. I delivered the news that Pivot Legal and the BCCLA finally intervened and that multiple legal advocates were pushing for legal recourse against the city. I also announced that I had recently helped an unhoused person in town file a human rights complaint at the BC Human Rights Tribunal, which was successfully put on the fast track; I won’t say any more since my client has not authorised me to speak publicly of this. I then offered any unsheltered person with a case to likewise help them file a complaint at the Tribunal. I am actually in contact with multiple potential complainants who may file their own complaint in the near future.

Then nearly everyone went inside City Hall to attend the council session. Four police officers followed us upstairs, which as far as my experience goes is unprecedented. The council was scheduled to hear five speakers but the first two, meant to petition the council to close Vic West Park to sheltering, desisted at the last minute; it is unknown whether they did because the matter had become moot or they were dissuaded by the community backlash.

Which left four community advocates confronting the council over its callous treatment of homeless people in the midst of a housing crisis. Most notably, Nicholas Olson, a law student, argued that since moral responsibility had failed to persuade the council to abide by its obligations under the Canadian Charter of Rights and Freedoms, it might be more amenable under its sense of fiscal responsibility by considering the potential for monetary damages awarded for laws that egregiously violate the Charter, under a recent precedent set by the Supreme Court of Canada.

While there were chants to stop the sweeps coming from the attendance, the protest was only minimally disruptive and the participants dispersed in an orderly fashion shortly after. But this isn’t the end of it; if nothing else, expect a standoff at Irving Park early tomorrow morning.