Advocate slams 'draconian' changes proposed to Vancouver bylaw on sheltering in parks

People are seen outside a tent at a homeless camp on Port of Vancouver property adjacent to Crab Park, in Vancouver, Saturday, June 13, 2020. (Darryl Dyck / THE CANADIAN PRESS)

A series of proposed changes to a Vancouver bylaw that allows overnight sheltering in parks will create conditions that are neither realistic nor livable, according to an advocate, who says the move was made with "zero input" from the people whose lives will be affected.

A 14-page report coming to the Vancouver Park Board next week recommends nearly two dozen amendments to the current bylaw, which has been in place since 2020 when the city updated it to reflect a decision from the B.C. Supreme Court that found it was unconstitutional to ban sleeping in parks in the absence of adequate indoor alternatives amid a homelessness crisis.

"The proposed amendments to the by-laws outlined in this report have been developed based on the experience and knowledge staff have gained over the past few years, particularly in relation to the wide-reaching impacts large encampments can have on individuals experiencing homelessness and sheltering in parks, the communities and businesses surrounding them, and on park board staff seeking to enforce the by-law," the report says,

Among the changes are a prohibition on setting up a shelter under a tree, explicit distancing requirements, a ban on sheltering in Queen Elizabeth Park and at Van Dusen Gardens, a section that forbids bringing "construction materials" into parks, and the stipulation that a shelter has to be "capable of being dismantled and moved by one person.”

It also contains amendments specific to CRAB Park, where daytime sheltering has been allowed in a "designated area" since 2022. Those include allowing staff to remove a shelter if it is not occupied every night or if it is deemed necessary for "health and safety reasons," and also allowing inspections of the interior of shelters with 24 hours' notice.

Fiona York, an advocate who works with residents at the CRAB Park encampment, says she was shocked when CTV News told her that the report was on the agenda and disturbed by its "draconian" details.

"It's really, really restrictive. It's very detailed and it's a lot of micromanaging," she told CTV news. "What I take from it is just that it's meant to be a deterrent from people being in parks at all, in public places at all."

"They're just making it impossible," she continued. "It's kind of this assumption that people who are homeless are going to live in a Boy Scout camp, that they're not actually humans, adults, with entire lives and belongings."

One of the aims of the proposed amendments, according to the report, is to reduce or minimize "unnecessary" conflict between municipal staff and people who are sheltering in parks.

But according to York, a plan created without informing or engaging with the people it will impact is unlikely to have that effect.

"People need to be consulted, and they need to be part of the part of the decision-making about their own lives. This is coming out of nowhere," she said, adding that this is a stark contrast with the transparent and participatory process that preceded the changes in 2020.

York also notes that court decisions related to encampments in recent years have found that decision-makers have a duty to consult with residents before taking action that will impact them.

"People deserve to have dignity and humanity is there even if they're living in a park," York said.

Another issue she raised was that the incoming report comes from the general manager of the park board after consultation with staff.

"Building on lessons learned over recent years by staff managing temporary sheltering as one of the diverse uses of public parks, management has assessed that further detail is needed to ensure understanding regarding intent of the by-law related to temporary sheltering, both to support successful use for these purposes and to reduce conflict," it reads.

It doesn't, York notes, mention any consultation with service providers, advocates, researchers, or anyone else.

"This is coming from people who are not experts in homelessness," she told CTV News.

The report was posted online Wednesday and will be voted on at next Monday's meeting.