225 replies to this topic

[Love the rock]

From the "Save Beacon Hill Park" Facebook page.

BHP saved.png

I have asked for further details.

I don’t suppose city council could be personally sued for breaking the law with allowing and encouraging 24/7 camping in beacon hill park could they ?

What kind of penalties can be put in place public figures should not be able to break laws on a personal whim .

[m3m]

Members of city council are immune from liability in carrying out their duties.  There are good policy grounds for such immunity. 

 

Also, not to be pedantic, but the councilors did not break the law, they broke the terms of a trust agreement. 

[Sparky]

Stephen is all over this.

 

Stephen Andrew on today's BC Supreme Court advice that campers should never have been allowed in Beacon Hill Park.

 

Media Release

 

Victoria City Councilor Stephen Andrew Welcomes BC Supreme Court Advice on Sheltering in Beacon Hill Park

“This advice was unneeded. The answer was obvious”

 

Victoria, February 24, 2022: Victoria City Councilor Stephen Andrew welcomed the advice of Mr. Justice Punnett of the BC Supreme Court today, who made it clear that homeless encampments in Beacon Hill Park are in breach of the terms of the trust under which the city holds the park.

 

“I welcome this decision, but the City of Victoria didn’t need to refer this matter to the BC Supreme Court in the first place, “ said Andrew. “The answer was obvious from the start. Beacon Hill Park suffered hundreds of thousands of dollars in damage that Victoria City taxpayers are on the hook for.”

 

At the beginning of the COVID-19 pandemic, Victoria City Hall allowed hundreds of people experiencing homelessness to set up tent cities in Beacon Hill Park and other local parks that persisted for many months. These tent cities contravened health, safety and fire codes and became epicentres for criminal activity including serious, violent crime.

 

“It was a bad idea to allow months-long sheltering in Beacon Hill and other local parks,” continued Andrew. “There is a huge difference between someone pitching a tent for a night and moving along in the morning - an activity protected by the Supreme Court of Canada - and allowing huge, semi-permanent camps in public parks that pose a danger to local residents, the natural environment and to campers themselves.”

 

Stephen Andrew believes that homelessness is a regional issue that requires a coordinated, regional response in partnership with the provincial and federal governments. He also firmly believes that real solutions to homelessness in Greater Victoria require wrap-around mental health and addictions services in addition to homes and shelter spaces.

[Mike K.]

I saw a tent erected today at Regina Park in Saanich, and lots of police on scene. This was at about 11AM.

[On the Level]

I just don't understand how anyone could believe it would be a good idea or even an option.  The only logical explanation is that the homeless were being used in hopes of pushing a narrative.  What makes it worse is how naive and flawed the "narrative" was. 

 

The whole thing was such a colossal waste of money and resources that could have been used for helping the homeless.  Instead, it was used to line the pockets of friends of the council.

[Torrontes]

Does anyone have a link to the Court’s decision?

[Nparker]

https://www.bccourts...joNVwH-SwY0wD_g

[Love the rock]

Members of city council are immune from liability in carrying out their duties.  There are good policy grounds for such immunity. 

 

Also, not to be pedantic, but the councilors did not break the law, they broke the terms of a trust agreement. 

Yeah I get that . I find it extremely frustrating the behaviour of some council members . Ben in particular seems to straddle the line .  

[Nparker]

...Ben in particular seems to straddle the line .  

His "not-for-profit" food company directly benefited from the BHP encampment.

[sukika]

You'd think with his law degree, Ben would have seen this coming. Too blinded by his own agenda I guess. 

[Nparker]

...Too blinded by his own agenda I guess. 

Or too blinded by his own ego.

[Torrontes]

https://www.bccourts...joNVwH-SwY0wD_g

[Torrontes]

Thanks NP, but I had already looked there. It doesn’t appear the decision is posted yet, unless I am missing something.

[Tom Braybrook]

Thanks NP, but I had already looked there. It doesn’t appear the decision is posted yet, unless I am missing something.

https://t.co/XPkRHYBxxZ

 

will download a .pdf of decision

[Nparker]

Here is the CoV's draft media release: https://www.victoria...NsPT-xhhFflcBx8

[Nparker]

And here is the complete court ruling: https://www.fbhp.ca/... - 02-24-22.pdf

 

CONCLUSION

Can the Park be used by persons experiencing homelessness for temporary sheltering?

[134] In sum, the answer to the question posed by the City is “no”. The Trust does not permit use of the Park for temporary sheltering by persons experiencing homelessness. Such activity by the members of the public is contrary to the purpose of the Trust: preservation of the Park for the use, recreation and enjoyment of the public.

 

Edited by Nparker, 25 February 2022 - 09:08 PM.

[On the Level]

And here is the complete court ruling: https://www.fbhp.ca/... - 02-24-22.pdf

 

 

Notice "temporary use" is not permitted.  To be confused with "we'll pack up in the morning".  

 

Why not just move them into the museum of woke?

[Midnightly]

and then you listen to Helps on the news giving her opinion on it and ofcourse she doubles down saying "crisis" "Covid" "homelessness" those buzz words she loves using saying she fully stands by allowing 24/7 camping at the park.... just remember she was the one who said "just don't look at it, the park is perfectly safe look a kids birthday party!" while memos are going through city hall about safety issues within the park

[Mike K.]

The mayor also asked the public not to photograph what they were seeing.

[Victoria Watcher]

and then you listen to Helps on the news giving her opinion on it and ofcourse she doubles down saying "crisis" "Covid" "homelessness" those buzz words she loves using saying she fully stands by allowing 24/7 camping at the park.... just remember she was the one who said "just don't look at it, the park is perfectly safe look a kids birthday party!" while memos are going through city hall about safety issues within the park

She has never even come close to admitting a mistake. I don’t expect her to start now.