Daytime camping is once again illegal in Victoria city parks.
In a special meeting yesterday, city councillors amended their parks bylaw to prohibit camping in city parks between 7 a.m. and 7 p.m.
The amendment replaces a city enforcement policy that was struck down by the courts. The bylaw also prohibits camping in playground areas or on sports fields.
Council plans to introduce further amendments to protect sensitive ecosystems.
The bylaw amendment stems from an October B.C. Supreme Court ruling in which Justice Carol Ross ruled it was unconstitutional for the city to prohibit the homeless from erecting shelters to protect themselves from the elements in the absence of sufficient shelter beds.
Two days after the decision, city council met behind closed doors and decided to appeal Ross's decision. They also passed a resolution creating a new enforcement policy that limited campers to erecting tents between 9 p.m. and 7 a.m. On Nov. 6, the hours were changed to 7 p.m. to 7 a.m.
But last month, provincial court Judge Brian MacKenzie found three people not guilty of violating the city's anti-camping bylaw enforcement policy based on a legal technicality.
At the same time, MacKenzie said the policy probably would be enforceable if it were part of a bylaw.
While saying he would support the bylaw, Coun. Philippe Lucas called for an update from city staff or the Coalition to End Homelessness on interim steps to help homeless people, including providing storage lockers, day beds and seven-day-a-week shelters.
Mayor Dean Fortin said storage areas might be needed, but they're costly. "You are dealing with people who are mentally ill, and so they have a tendency to hoard a lot of things. They have a lot of issues with bedbugs that hop from place to place to place. So it's not as easy as saying let's go get some lockers," Fortin said.
Former mayoral candidate Kristen Woodruff, one of the campers found not guilty by MacKenzie, said the new bylaw is premature.
"I sort of wish there could have been more of a trial period to see what homeless people would have done when left to their own devices," Woodruff said.
"All the regular laws are still in place. You're not allowed to steal or be violent or litter or do any other of the nuisance-causing things. The only difference was you were allowed to have a tent instead of a blanket."
Woodruff called for more discussion between the city and the homeless community.
bcleverley@tc.canwest.com
