In a decision delivered today, Chief Justice Christopher Hinkson found that City of Abbotsford bylaws prohibiting homeless people from sleeping in public places violate Section 7 of the Charter, which protects individuals’ safety and security of person. He also denied the City’s request seeking a permanent ban on homeless camping.

“Bylaws passed by the City which prohibit sleeping or being in a park overnight without permits or erecting a temporary shelter without permits violate the guarantee the right to life, liberty and security,” Chief Justice Hinkson wrote in his decision.

In striking down the bylaws, the BC Supreme Court ruling recognizes the right to public space and represents a crucial first step in establishing a right to housing in Canada.

“This is a tremendous victory for the homeless population in Abbotsford – whose rights to a safe place to sleep has been established – and for all homeless people in Canada,” says DJ Larkin, lawyer for Pivot Legal Society. “For too long, the federal and provincial governments have passed responsibility for managing our national homeless crisis to cities. This decision acknowledges that this approach has failed. The time is now to enact a national right to housing.”