February 12 2024 Letter to Courtenar City Council, Bylaw 3121 unconsitutional

The focus is not on the impact of the measure on society or the public, but on its impact on the rights of the claimant.”13 Courtenay’s proposed Bylaw No. [...] 3121 intends to regulate the use of parks and open spaces to ensure that they are accessible, safe, and enjoyable for all members of the public, and to preserve environmental and cultural areas. [...] The section on temporary sheltering intends to “regulate the use of temporary sheltering within parks and open spaces to ensure that it is done in a safe and healthy manner.”14 Therefore, the thrust of the Bylaw is to ensure enjoyment, safety and well-being. [...] In Shantz, the Court found that the constant movement of the unhoused “exacerbates their already vulnerable position, causes them impaired sleep, and serious psychological pain and stress, and creates a risk to their health.”16 The Court further held that constant displacement inhibits the ability of the service providers who endeavor to help unhoused people, to locate them and provide help.17 The. [...] Courts across Canada have recognized the human right to shelter, the precarious position of the unhoused, and how state action, including decampments, threatens the life, liberty, and safety of people experiencing homelessness.