Under Section 7 of the Canadian Charter of Rights and Freedoms, everyone has the right to life, liberty and security of the person. So far in BC, courts have recognized that this Charter right means you should be able to set up a temporary structure or tent to shelter outside if there‘s not enough accessible, indoor shelter or housing.
Cities tend to use the following bylaws to evict people who are sleeping or sheltering outside:
- Street and park bylaws against obstructions or constructions.
- Loitering bylaws
- Panhandling and vending without a permit bylaws
What if people in the encampment decide not to leave?
They can be fined under the bylaws or arrested for trespassing if they violating a bylaw and don’t leave the area after being told to do so.
See: Current government response to tent cities and encampments and Tent city and encampment legislation
This information is current to the date of review and the information may have changed as the situation is evolving.
- BCCLA Arrest Handbook 2023 - BC Civil Liberties Association
- Canadian Charter of Rights and Freedoms - Justice Laws