The Supreme Court of British Columbia (BC) ruled on Friday that the city of Victoria can enact bylaws to vacate encampments within its authority. This ruling does not prevent the court from reviewing the bylaws’ constitutionality if the petitioners decide to make that challenge.

Justice Jacqueline Hughes found that the BC Community Charter authorizes municipalities to regulate the use of public places and protect the community’s well-being. Thus, the municipal council acted within its authority to enact a bylaw that limits overnight sheltering in designated parks in the city.

The petitioner argued that the Canadian Charter of Rights and Freedoms and the International Covenant on Economic, Social and Cultural Rights restrain the municipal council’s legislative authority. They argued the government’s domestic obligation to protect the right to life, liberty, and security bars the municipal council from enacting bylaws that prohibit overnight sheltering. They also argued that the international obligation to protect the right to housing produces the same effect.

Hughes rejected the arguments, reiterating the difference between a vires review and a constitutional review: the former concerns whether the institution acts within the scope of its legal authority, and the latter concerns whether the validly enacted legislation complies with the constitution. She also refused to comment on the bylaw’s compliance with said obligations because that was outside the petitioners’ challenge in this case.

In May, the Ontario Superior Court of Justice held that the municipal council of Waterloo cannot vacate encampments because an insufficient alternative shelter violates the right to life, liberty, and security of the homeless population living in the area. The court also found that the bylaw discriminated against residents with disabilities, Indigenous residents, women, and gender-diverse residents.

Similarly, the BC Court of Appeal ruled against a city bylaw that imposed a blanket ban on homeless people erecting temporary shelters in 2009.

The country is facing a homelessness crisis. In 2024, the government estimated that more than 60,000 people experienced homelessness in 87 communities; around 17,000 of them are unsheltered. The number of unsheltered homeless population quadrupled from 2018. The Canadian Human Rights Commission recognized the right to adequate housing—to live in security, peace and dignity—as a fundamental right. It urged the country to take prompt measures to address homelessness.

The federal government enacted the National Housing Strategy Act in 2019. In 2025, it also invested CAD 13 billion to build affordable housing. The sufficiency of the measures remains to be observed.