A bill currently before the British Columbia legislature seeks to define “reasonably available” alternative shelter when municipalities go to court to enforce bylaws against homeless encampments. If passed, Bill 45 will undermine the Charter rights of some of the most vulnerable members of Canadian society.
The bill is short and cryptic. It says that, if a local government goes to court for an injunction to enforce its bylaws against someone sheltering in a homeless encampment, alternative shelter is “reasonably available” and meets the person’s basic shelter needs if the person may stay there overnight, they have access to a bathroom and shower at or near the shelter, they are offered one free meal a day at or near the shelter and the shelter is staffed when in use.
Beyond leaving key terms like “homeless,” “encampment” and “near” undefined, the bill simply asserts that shelter spaces are reasonable options if they meet this bare-bones description, regardless of whether they are actually accessible to tent city residents.
