The B.C. Court of Appeal has ruled that a law passed by the provincial government to stave off opposition to a supportive housing development in the Vancouver neighbourhood of Kitsilano is unconstitutional.
The provincial government had adopted the law at the request of the City of Vancouver in 2023 to push through a 12-storey housing development at Arbutus Street, featuring units open to lowB次元官网网址慽ncome residents and users of support services.
But the Arbutus development was opposed by the Kitsilano Coalition for Children & Family Safety Society, which took the city to court over its in-principle approval of a rezoning to allow the project to go ahead.
MondayB次元官网网址檚 ruling says the provincial government B次元官网网址渆vidently became concernedB次元官网网址� the litigation could delay the rezoning, so it passed the Municipal Enabling and Validating Act to facilitate the project.
The B.C. Supreme Court upheld the law in November last year, but the community group appealed, arguing the law crossed the line in bypassing the courtB次元官网网址檚 B次元官网网址渟upervisory roleB次元官网网址� enshrined by Constitution.
The three-judge appellate panel found the legislation B次元官网网址渁mounted to interferenceB次元官网网址� with the courtB次元官网网址檚 adjudicative role.
Peter Gall, the coalitionB次元官网网址檚 lawyers, said Monday that the ruling is a B次元官网网址渧ery important rule-of-law decision.B次元官网网址�
B次元官网网址淚t affirms the constitutional principle that the legislature canB次元官网网址檛 take away or usurp the right of citizens to challenge governmental action,B次元官网网址� Gall said. B次元官网网址淭hatB次元官网网址檚 what the legislature attempted to do here with the law it passed.B次元官网网址�
The ruling said the case wasnB次元官网网址檛 about whether the housing crisis B次元官网网址渞equires action or whether the proposed development should proceedB次元官网网址� B次元官网网址� the B次元官网网址渟ole issueB次元官网网址� was whether the province infringed upon the role of the court.
Gall said the coalition challenged the validity of the public hearing into the project, and did so by going to court. The provincial government B次元官网网址渟imply said that B次元官网网址榳e deem the public hearing to be in compliance with the law,B次元官网网址橞次元官网网址� Gall said.
B次元官网网址淎nd thatB次元官网网址檚 not the legislatureB次元官网网址檚 role. ThatB次元官网网址檚 the courtB次元官网网址檚 role,B次元官网网址� Gall said. B次元官网网址淐itizens always have the right to go to court to challenge the exercises of statutory power,B次元官网网址� he said. B次元官网网址淭hatB次元官网网址檚 the essence of the rule of law.B次元官网网址�
Gall said the city canB次元官网网址檛 proceed with the development until it holds a valid public hearing, and the coalition still wants the opportunity to work with city council to make changes to the development between West 7th and 8th avenues to B次元官网网址渇it it better into the community.B次元官网网址�
B次元官网网址淭hey wanted to work with the city to come up with a win-win,B次元官网网址� he said.
He said the province pressured the city to B次元官网网址渞amB次元官网网址� the project through, and instead of amending the law as allowed, the legislature B次元官网网址渏ust prevented the court from ruling on the application of the existing law.B次元官网网址�
B次元官网网址淭he government in its haste really ignored that fundamental constitutional principle that you canB次元官网网址檛 take away the right of the court to apply the existing law,B次元官网网址� he said.
The City of Vancouver said in a statement that it was reviewing the decision, although it was not a party to the appeal, and construction has not started.
Housing Minister Ravi Kahlon said in a statement that the province was also reviewing the ruling.
He said the province would B次元官网网址渒eep doing the work to make sure that more homes people need are being built.B次元官网网址�
