The B.C. Civil Liberties Association argues the ban is ‘cruel, dehumanizing, and deadly.’
Vancouver has been hit with a lawsuit over what human rights advocates call the city’s “cruel, dehumanizing, and deadly” daytime ban on homeless outdoor sheltering.
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When there is a lack of adequate alternative shelter, the Charter guarantees the right for people to protect themselves from the elements in public spaces, at least overnight.
The association argues that while this trend has been a positive step in advancing the rights of unhoused people to protect themselves at night, the law continues to leave them vulnerable during the day.
The association says the housing crisis and the failure of government policy have made rent unaffordable, home ownership unattainable, and for some no housing at all.
“When it comes to housing in this city, the government is failing all of us, but no one feels this failure more than people who are unhoused,” the association said in a statement Thursday.
To enforce this ban, Vancouver city staff conduct daily street sweeps, which the association argues destroys peoples’ lives because their personal possessions are seized including medicine and family photos.
The association argues this is in violation of Section 12 of the Charter which protects against cruel treatment by the state. For people with mental and physical disabilities this “is a callous act of extreme cruelty,” it adds.
By prohibiting daytime sheltering, those forced to shelter outside are at risk of serious illness and death, subjected to severe physical and psychological suffering, and stripped of the ability to make fundamental personal decisions about their lives, the suit contends.
The suit also claim these impacts disproportionately harm women, trans and nonbinary people, and individuals with physical and mental disabilities.
The City of Vancouver has been contacted for a response to the suit.
None of the allegations has been proven in court.
The three individuals suing along with the association are: Lindsay “Zee” Roy, a former lifeguard and educational assistant; Jason Rondeau, a former electroplater; and Brittany Littlejohn, a mother and overdose prevention worker.
“Every time someone’s home and stuff gets taken by the city, it turns their life upside down. Imagine someone coming into your house, attacking you, taking your stuff, then destroying your house, and saying ‘have a nice day.’ That’s how it feels,” said Rondeau in a statement released by the association.
“Getting the right to shelter during the day would make a huge difference. It would be the first step in getting your dignity back … to getting your life back. Look at me: I went from living on the streets to having my own place. It can happen to anyone. I did it my way, not the city’s way. We should have the choice about how we solve our own problems. We have to find a better way.”
Homelessness is a growing problem in Metro Vancouver because of increasing economic pressures, high rent and a lack of services for mental health issues.
More to come …