Nobody with any sense would ever take legal action against the City of Victoria for disobeying what is ultimately a simple property covenant - especially in light of the B.C. Supreme Court finding that put all the campers in Beacon Hill Park in the first place.
There's simply not win to be had in such an undertaking.
The only modification the COV has made to the Supreme Court finding is to allow the tents to remain up during the day, presumably for social distancing and self isolating purposes.
Taking the COV to court, and using the park covenant as your primary bit of evidence is a guaranteed loss for whomever brings the case against the COV, for the reasons noted above.
I expect you are right about that (though I don’t know if anyone has ever contemplated an appeal to the SCC of Hinkson’s idiotic decision.) His decision was based on the Charter, which takes it far beyond a property covenant.
Council, however, has constructively extended that ruling by its recent vote not to enforce the bylaw re daytime camping. It basically ensures a full time shantytown in the park. Social distancing and self isolation are flimsy and unconvincing reasons. Anyone who observes the park will understand that there’s no such thing going on there. The strip of tents along Douglas is party central. Probably the encampment along the ridge near Southgate too. It also raises the question of arbitrary enforcement of bylaws, a slippery slope.
The best solution is to get rid of these zombies on council. I certainly hope that the 10,000 people that signed the petition will turn out to do that in the next election. The byelection, if we ever have one, would be a good time to test the waters.
Edited by JimV, 01 July 2020 - 03:22 PM.