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Minister Eby receives warning over BԪַdangerous precedentBԪַ in Penticton shelter dispute

UBCM president says EbyBԪַs decision to use paramountcy powers undermines local government autonomy
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Penticton mayor John Vassilaki and Minister of Housing David Eby have been battling over the Victory Church shelter and BC Housing projects in the city. (File photos)

The Union of BC Municipalities (UBCM) is backing Penticton city council and their dispute with housing minister David Eby who has exercised provincial powers to keep the Victory Church homeless shelter open.

In response to city councilBԪַs April 13 request for support from the UBCM on the shelter dispute, president Brian Frenkel has written a letter to Eby, urging the province to commit to working in collaboration with local governments.

The letter, sent to Eby on May 19, acknowledges concerns expressed by Mayor John Vassilaki regarding EbyBԪַs use of provincial paramountcy to overrule councilBԪַs decision to not extend the temporary permit at the Victory Church shelter.

BԪַWe are concerned that the application of statutory immunity sets a dangerous precedent and undermines local government autonomy as established in legislation,BԪַ the letter from Frenkel reads.

The Community Charter confirms that municipalities and their councils are an order of government within their jurisdiction that is BԪַdemocratically elected, autonomous, responsible and accountableBԪַ and must operate under strict statutory conditions associated with public consultation and public interest.

The Local Government Act grants local governments the powers and flexibility required to respond to the needs of their communities within that mandate, said Frenkel.

The letter concludes by inviting Eby to join UBCM in exploring a dispute resolution mechanism that could be used as an alternative to the application of statutory immunity.

Mayor John Vassilaki was pleased that Frenkel sent the letter.

BԪַI appreciate Mr. Frenkel sending his message of collaboration to Minister Eby,BԪַ said Vassilaki.

BԪַCouncil is elected locally, they are accountable locally and the sites for housing shelters like 352 Winnipeg Street should be decided locally. As the province has overridden local housing decisions elsewhere in B.C., Penticton city council is standing up to defend local autonomy and the ability for our residents and businesses to have a say in whatBԪַs best for their community.BԪַ

On May 12, Vassilaki wrote a letter to Premier John Horgan urging him to BԪַimmediately interveneBԪַ with EbyBԪַs decision to use provincial paramountcy powers to override councilBԪַs decision. The letter ran in Penticton newspapers and in the Victoria Times Colonist.

Within hours of the letter running in the Victoria paper, Eby jabbed back, laying out a rebuttal sent out to media through his communications staff.

The operator of the shelter, Penticton and District Society of Community Living, told the Western BԪַ that it will continue operating, following provincial direction.

According to the CityBԪַs communication manager Philip Cooper, Horgan has not yet provided a formal written response to council.

The cityBԪַs next step if Horgan doesnBԪַt reply is to sue the provincial government.

To report a typo, email: editor@pentictonwesternnews.com.

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Monique Tamminga

About the Author: Monique Tamminga

Monique brings 20 years of award-winning journalism experience to the role of editor at the Penticton Western BԪַ. Of those years, 17 were spent working as a senior reporter and acting editor with the Langley Advance Times.
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