B.C. law to push through Vancouver housing project unconstitutional, court rules

The recent ruling by the B.C. Court of Appeal has brought to light a controversial issue surrounding a supportive housing development in Kitsilano, Vancouver. The provincial government had passed a law in 2023 to push through a 12-storey housing project at Arbutus Street, aimed at providing housing for low-income residents and support service users. However, the Kitsilano Coalition for Children & Family Safety Society opposed this development and took the City of Vancouver to court over its approval of the rezoning.

The Court of Appeal deemed the law passed by the provincial government, known as the Municipal Enabling and Validating Act, unconstitutional. The law was seen as an interference with the court’s adjudicative role, as it aimed to facilitate the housing project and prevent potential delays caused by litigation. The three-judge appellate panel found that the legislation crossed the line in bypassing the court’s supervisory role enshrined by the Constitution.

Peter Gall, the coalition’s lawyer, emphasized the importance of upholding the rule of law and protecting citizens’ rights to challenge governmental actions. He highlighted that the case was not about the necessity of addressing the housing crisis but rather about ensuring that the court’s role was not undermined by legislative actions. The coalition sought to challenge the validity of the public hearing through the proper legal channels, and the ruling affirmed their right to do so.

The City of Vancouver is now required to hold a valid public hearing before proceeding with the development, and the coalition hopes to work with the city council to make necessary changes to the project to better align with the community’s needs. It was noted that the province had pressured the city to rush the project through, disregarding the constitutional principle that citizens have the right to challenge statutory power through the courts.

Housing Minister Ravi Kahlon stated that the province is reviewing the ruling and remains committed to building more homes for those in need. While construction on the project has not yet commenced, the government will continue its efforts to ensure that adequate housing is provided for all residents. The decision serves as a reminder of the importance of upholding the rule of law and respecting the role of the judiciary in overseeing governmental actions.