The city of Victoria will not appeal the B.C. Court of Appeal ruling upholding the right of homeless to set up tents in parks, Mayor Dean Fortin said yesterday.

"Appealing this ruling does nothing to solve homelessness, and the real goal for this council is to ensure that all members of the community have a home," Fortin said after council was briefed by its lawyers on the decision.

"It reaffirms the right to shelter, something we all understand to be vitally important, but it also affirms the city's ability to seek out balance when it comes to using the public spaces," he said.

The Appeal Court ruling keeps in place an October 2008 B.C. Supreme Court decision that struck down a Victoria bylaw that prohibited camping in public parks. Justice Carol Ross had ruled it was unconstitutional to prevent homeless people from erecting shelters to protect themselves from the elements in the absence of sufficient shelter beds.

The city appealed and was joined by the province and the Union of B.C. Municipalities in arguing Ross' ruling impeded elected officials from setting public policy.

But the Appeal Court justices disagreed, saying: "The order is not an improper intrusion into policy decisions of elected officials."

The Appeal Court also assigned the city to pay the costs of the appeal, as well as the October 2008 court costs. Fortin did not know what those costs will be, but said the city would not appeal that either.

After the October 2008 court ruling, the city brought in a new bylaw that allows temporary shelters to be erected, but only between 7 p.m. and 7 a.m.

The city will continue to operate using those regulations, which also prohibit camping in sensitive ecosystems, playgrounds and on playing fields, Fortin said.

"This ruling, in our mind reaffirms that -- that ability to regulate in our way. We can protect our sensitive ecosystems and we can protect children's areas and playing fields, but recognizing we're bringing balance for all citizens," he said.

Fortin said the long-term answer to the situation is providing more homes, and the city is working with the province and the federal government to do that.

"That's what we want to do. Over the next seven to 10 years we want to end homelessness," he said.

He said the city has been appealing primarily because of the issue surrounding a government's right to set public policy on important public issues.

"For us there is no win in appealing," Fortin said.

Harry Nyce, president of the UBCM which represents local municipal governments, said there is bound to be concern among his members about the ruling. But he said Victoria had the lead position on the file, and the UBCM will not take it any further.

"I'm sure there will be some fallout in the next weeks and months to come, and I expect a resolution at the convention in September next year," Nyce said.

The Victoria case dates back to an October 2005 incident where people set up temporary shelters in Cridge Park at Blanshard Street near Humboldt Street.

bcleverley@tc.canwest.com