A proposal to amend View Royal’s parks bylaw to permit overnight camping will be considered by councillors today.
View Royal bylaw enforcement staff say local governments across the province are amending their parks and open spaces bylaw to adopt language supported by the courts.
The View Royal staff report refers to a B.Ç. Supreme Court ruling by Chief Justice Christopher Hinkson in which he concluded “that allowing the city’s homeless to set up shelters overnight while taking them down during the day would reasonably balance the needs of the homeless and the rights of other residents of the city.”
“It would be fair to say that I have reservations about it,” said Mayor David Screech of the staff recommendation.
“I understand that we need to be in compliance with the court ruling, but I also want to make sure that we’re doing everything we can to protect our parks at the same time for all of the residents.”
While camping in parks has not been a huge concern, Screech said in past years the town has had issues with campers at Portage Park below View Royal town hall.
“We regularly have issues in Thetis Lake Park, but of course, that’s a CRD park,” he said.
Screech said staff are simply being proactive with their recommendation. “I think it’s really just to initiate a conversation about revising the bylaw to be in compliance with the court ruling but also to protect our parks at the same time.”
Currently, View Royal’s bylaw prohibits overnight sheltering in any city park. Staff say it would not withstand a court challenge.
Victoria has been trying to manage camping in parks since 2008, when a B.C. Supreme Court judge deemed it unconstitutional to deny a person the right to erect shelter in the absence of available shelter beds.
“Of course we don’t have any shelter beds on the West Shore. Any shelter beds are in downtown Victoria. ... That’s certainly one of my questions: How do you square that off?” Screech said.
View Royal staff are recommending overnight sheltering be permitted provided no permanent structures are used and it takes place between 7 p.m. and 9 a.m.
Shelters and personal property would have to be removed by 9 a.m. In the event the property is left unattended, parks staff can remove it, store only those items that have value for up to 30 days and dispose of the remainder.
Fires and smoking would be prohibited, and some parks and specific areas of some parks might be designated as off limits to temporary sheltering.
Prohibited spots could include environmentally sensitive areas, all parks designated as natural areas, or within three metres of playgrounds, spray parks or pools, for example.
This year, Saanich amended its bylaw, adding 25 parks to a list of 64 where overnight sheltering is prohibited due to environmental concerns, a lack of space or proximity to playgrounds.
That left 81 Saanich parks where people are permitted to pitch a tent between 7 p.m. and 9 a.m.
