Vancouver

Vancouver Encampment History

Vancouver has a long history of encampments, both in its parks, and on its streets. The first recorded injunction cases as they pertain to encampments, Maurice and Mickleson were based in Vancouver, and significant litigation continues to occur there today.

Notable encampments from the 2000s through to 2020 include:

• Outside the (then vacant) Woodwards building in 2002

• In Thorton Park, across from Science World Station, in 2003

• In CRAB Park, in 2003

• Outside the Vancouver Art Gallery, in 2011 

• In Oppenheimer Park, in 2014

• On Hastings Street in 2016

• On a municipally owned vacant Lot on Main Street, close to Thornton Park, in 2017

With the exception of the vacant lot on Main Street, which  was later developed into affordable housing, the remainder of these encampments were  evicted through court approved injunctions.

COVID-19

At the outset of the COVID-19 pandemic, an encampment was established in Oppenheimer Park, which eventually grew to around 300 people. Over fear of spreading the virus, the Minister of Social Development issued a provincial order in May 2020, for residents to vacate the encampment, and authorizing police force to facilitate this clearance. The order to vacate was accompanied by offers of shelter spaces for all residents, either in empty hotel rooms, or in other accommodation. Only 10% of the Oppenheimer encampment residents were left unhoused after the clearance.

Following these provincial orders, a new encampment was established on a vacant parking lot at the Vancouver Frasier Port Authority (next to Crab Park), including by some of the remaining unhoused residents from the Oppenheimer encampment.  This encampment was eventually cleared upon issuance of a court ordered injunction in June, 2020. 

An unknown number of those living in the Port Authority encampment relocated to another encampment in Strathcona Park, which was established in mid-June of that year. This park eventually accommodated over 300 tents.  In February 2021, the General Manager of the Vancouver Parks Board issued an order to prevent encampments on the west side of the Park.  On April 6, 2021, the City and the Province signed a Memorandum of Understanding to formalize an agreement to end the Strathcona Park encampment and help prevent future encampments. 

On April 9, 2021, the General Manager of Parks issued another order which banned camping in Strathcona Park entirely, and ordered encampment residents to  clear the park by April 9 (three days notice). As part of this arrangement, supportive housing was offered to all residents who chose this. The park was fenced off following the clearance of the last remaining residents.

When the Strathcona Park encampment was cleared, an unknown number of residents relocated to Crab park. On July 8, 2021, the General Manager of Parks issued another order to ban encampments in that park. However, there was substantial non-compliance with that order, which was successfully challenged before the Supreme Court of British Columbia, and therefore not enforced. The encampment at CRAB park remains today.

Separate from the park encampments, a larger encampment on developed on the sidewalks of Hastings Street, in the Downtown Eastside, over the course of the pandemic. On July 26, 2022, the Vancouver Fire Chief issued an order for the removal of the tents - however, this was not complied with, and the order was challenged in court.  On April 5, 2023, the City, alongside the Vancouver Police Department, violently cleared the encampment along the street, in enforcement of its Street and Traffic By-law. Tents and other property, including personal belongings, were disposed of by the City during this process. No notice was given for the removal, and a housing plan was not in place for the residents at the time the eviction occurred. A decision from the Supreme Court of British Columbia, Vandenberg v Vancouver (City) Fire and Rescue Services, 2023 BCSC 2104, found that the order violated the "duty of fairness" and that no occupants in the encampment were given opportunities to make submissions on the Fire Order before it was made. 

Anti-Shelter Bylaws and the Encampment Management Process

The City of Vancouver uses three bylaws to evict encampment residents. The provisions used to facilitate these evictions are as follows:

1. Parks Control By-law

11. No person shall erect, construct or build or cause to be erected, constructed or built in or on any park any tent, building, shelter, pavilion or other construction whatsoever without the permission of the General Manager, except that this provision does not apply to a temporary shelter that complies with the provisions of this by-law.

11A. A person experiencing homelessness may take up temporary abode in a park if that person:

(a) is in a park or a specified area of a park in which a temporary shelter is not prohibited by this by-law;

(b) erects a temporary shelter that complies with the provisions of this by-law; and

(c) dismantles and moves the temporary shelter in accordance with the provisions of this by-law.

[Section 11B provides a number of restrictions on the temporary shelter including size (not over 9sqm), location (not within 25m of a playground or school), heating devices (no propane lanters or stoves) etc.]

2. Street and Traffic By-law No. 2849

71A. A person must not build, construct, place, maintain, occupy, or cause to be built, constructed, placed, maintained or occupied in any street, any structure, object, or substance which is an obstruction to the free use of such street, or which may encroach thereon, without having first obtained a permit issued by the City Engineer, in accordance with this By-law, except that this section does not apply to a person:

(a) installing signs authorized by the City Engineer on or over City streets, and intended to control traffic or parking, or to provide directions or street identification;

(b) putting up or installing street decorations authorized by the City Engineer;

(c) putting up or installing any other temporary sign or structure which is authorized by by-law, or by provincial or federal legislation;

(d) installing advertising devices which are integral with public conveniences, as covered by special agreements with the City, such as bus shelter advertising, map stand advertising or automated public toilet advertising; or

(e) placing a sign or notice on a free standing kiosk or other structure on a street, which is provided by and in a location designated by the City

3.  Fire By-law No. 12472

1.4.2.16. Order to Remove Hazardous Condition
1) Where in the opinion of the Fire Chief, a condition exists which may cause fire or explosion, or may increase the risk of fire, explosion or danger to persons or property, the Fire Chief may issue an order to the owner, requiring removal of the hazard or risk  within a specified time.