BC Supreme Court Says Victoria Can Enact Bylaws to Remove Encampments
BC Supreme Court upholds Victoria's bylaws banning overnight camping in city parks.
Why it matters: The ruling confirms municipal authority over encampments and frames legal boundaries for homelessness policies, crucial for lawyers advising local governments.
- Ruling date: June 12, 2026, by BC Supreme Court.
- Municipal bylaws enacted in 2024 and 2025 prohibit overnight sheltering in Irving and Victoria West parks.
- Petitioners challenged city for lack of washroom access consideration and international obligations on housing rights.
- Justice Jacqueline Hughes upheld bylaws but allowed for constitutional challenges to proceed.
On June 12, 2026, the British Columbia Supreme Court ruled that the City of Victoria has legal authority to enact bylaws restricting temporary overnight sheltering in public parks, specifically Irving and Victoria West. These bylaws were enacted in 2024 and 2025 to address the presence of encampments.
The petitioners, Krystle Fox, Kimberly Scheu, and Shea Smith, challenged the bylaws claiming the city exceeded its authority. They argued the city failed to consider the availability of washrooms in areas where camping was permitted and neglected international legal obligations affirming rights to housing and water.
Justice Jacqueline Hughes dismissed the petition but left open the possibility for a direct constitutional challenge against the bylaws, recognizing that legal questions remain regarding residents' rights.
This ruling confirms municipal councils can legislate to remove encampments but also highlights potential ongoing legal contention around constitutional protections for unhoused individuals. Kasari Govender, B.C. Human Rights Commissioner, noted the ruling complicates challenges by unhoused people, emphasizing that “people with disabilities and Indigenous peoples are significantly more likely to be unhoused.”
The petitioners' lawyer, Alexander Kirby, indicated they are “considering our options going forward.”
This decision is a key development for legal professionals advising local governments on homelessness policies, striking a balance between municipal regulatory powers and constitutional rights.
By the numbers:
- June 12, 2026 — Date of BC Supreme Court ruling on Victoria bylaws
- 2024 and 2025 — Years when bylaws prohibiting overnight camping were enacted
- Two parks — Irving and Victoria West affected by the bylaws
Yes, but: The court upheld the city's authority but acknowledged constitutional challenges can still be pursued, keeping legal debate open.
What's next: Potential constitutional challenges by petitioners may proceed, pending further legal decisions.