Victoria (City) v. Adams - Court of Appeal Summary

Citation: Victoria (City) v. Adams, 2009 BCCA 563
Date: December 9, 2009
Docket: CA036551
Appellant: The Corporation of the City of Victoria
Respondents: Natalie Adams, Yann Chartier, Amber Overall, Alymanda Wawai, Conrad Fletcher, Sebastien Matte, Simon Ralph, Heather Turnquist, David Arthur Johnston
Intervenors: Attorney General of British Columbia, British Columbia Civil Liberties Association, Poverty and Human Rights Centre, Pivot Legal Society, Union of British Columbia Municipalities

Issue: The appeal concerns whether bylaws prohibiting homeless individuals from erecting temporary overhead shelters (e.g., tents) in public parks violate their constitutional rights to life, liberty, and security under Section 7 of the Canadian Charter of Rights and Freedoms.

The trial judge declared portions of the bylaws unconstitutional, allowing temporary shelter for homeless persons when no sufficient shelter spaces are available.
The City appealed, arguing the trial judge erred in declaring the bylaws void, claiming it intruded upon the City’s legislative authority.

Section 7 of the Charter: Ensures rights to life, liberty, and security of the person. The prohibition against overhead shelter violates these rights given the shortage of adequate shelter for the homeless.
Overbreadth: The bylaws were deemed overbroad as they apply universally to all public spaces, disadvantaging the most vulnerable citizens.
Arbitrariness: The trial judge ruled the bylaw's prohibition was arbitrary as it lacked a real connection to its stated purposes.

The Court varied the wording of the order to specify that the bylaws are only inoperative regarding the erection of temporary overnight shelter when the number of homeless exceeds available shelter beds.

The respondents are entitled to special costs, recognizing the public interest involved in the case.