Right to be Homeless - With Shelter - Established in B.C.

A court decision in British Columbia allowing people to camp in public parks has resulted in tent cities for the homeless. It is a precedent that may have ramifications across the country.

1 minute read

October 21, 2008, 8:00 AM PDT

By Michael Dudley


"[T]he [provincial] courts this week established the right to be homeless - with shelter. Overnight, [Victoria, British Columbia's] parks blossomed with tents. City Hall's phone lines lit up with angry citizens. And municipal leaders across the country turned a wary eye to the west to see if tent cities are heading their way.

[The judge in the case] concluded that the city cannot deny its homeless population the right to create sleeping shelters when there are not enough formal shelter beds available.

Even before the court ruling, conflicts between the homeless and the housed in Victoria have been increasing. The small urban core serves a much broader population of surrounding municipalities. But the homeless tend to congregate downtown because that's where the services are.

The case will send ripples across B.C. and likely the rest of the country, said University of Victoria law professor Benjamin Berger. 'It's an important decision. And it's good for us to be thinking how well we've done providing for the marginalized and disenfranchised in society. Its legal effect is limited to British Columbia, but it would be foolish to imagine that this is not an issue in other metropolitan areas.'"

Saturday, October 18, 2008 in Globe & Mail

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 16, 2025 - Diana Ionescu

Black and white photos of camp made up of small 'earthquake shacks' in Dolores Park in 1906 after the San Francisco earthquake.

The 120 Year Old Tiny Home Villages That Sheltered San Francisco’s Earthquake Refugees

More than a century ago, San Francisco mobilized to house thousands of residents displaced by the 1906 earthquake. Could their strategy offer a model for the present?

April 15, 2025 - Charles F. Bloszies

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20 - Streetsblog USA

Close-up on BLM sign on Continental Divide Trail in Rawlins, Wyoming.

BLM To Rescind Public Lands Rule

The change will downgrade conservation, once again putting federal land at risk for mining and other extractive uses.

April 20 - Public Domain

Calvary Street bridge over freeway in Indianapolis, Indiana.

Indy Neighborhood Group Builds Temporary Multi-Use Path

Community members, aided in part by funding from the city, repurposed a vehicle lane to create a protected bike and pedestrian path for the summer season.

April 20 - Smart Cities Dive