The court upheld a B.C. Supreme Court ruling that overnight sheltering is not a permitted use under the terms of the park’s trust.
The B.C. Court of Appeal has ruled that the trust governing Beacon Hill Park does not permit overnight campers. An appeal by the province, filed a year ago, had challenged that stance.
Joan Havorsen, president of Friends of Beacon Hill Park, called the ruling “fantastic news,” saying it had been a long journey through several legal proceedings since 2020.“Our thanks goes to all our members and donors who supported us in defending the park for the recreation and enjoyment of the public.”
The park was established in 1882 through a 75-hectare Crown grant to the City of Victoria under a trust providing that it was for the use, recreation and enjoyment of the public. Victoria went to B.C. Supreme Court in 2021 to ask if people without homes could use the park for temporary sheltering under the terms of the trust. In February 2022, Justice Robert Punnett ruled that the trust was a contractual document that did not allow temporary camping.
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