A legal situation involving a B.C. city and its bylaws ended poorly for an unhoused resident who lost her belongings.
The details were shared in a BC Civil Resolution Tribunal dispute decision that was posted online.
According to the dispute, the unhoused woman, the applicant in the dispute, filed a claim against The Corporation of the City of Victoria.
She claimed that in May 2024, when she was sheltering at a park while waiting for subsidized housing, bylaw services that were working for Victoria impounded her personal belongings without her consent.
When she requested the return of her belongings, the applicant claimed the City did not return everything.
“She argues the City did not provide proper notice, reasons, or documentation before impounding her belongings. She claims $5,000 in compensation,” the tribunal stated.
According to the applicant, she began sheltering in Victoria West Park in February 2023. She told the tribunal that she was “targeted” by bylaw officials on May 1, 2024, and that they took nearly all of her possessions.
The tribunal spoke to KK, one of the City’s bylaw officers. The applicant did not challenge KK’s evidence. KK provided a statement about May 1, 2024.
At around 7:15 a.m., a bylaw officer conducted a compliance check and reminded the applicant that structures had to be taken down by 7 a.m. to comply with bylaw regulations.
At around 9:41 a.m., KK, who was joined by three other officers and six police officers, patrolled the park.
KK noticed a tent was still erected, which belonged to the applicant. The applicant was sitting near it at the time. KK told the applicant they needed to conduct an impoundment because of the bylaw breach. KK said that the applicant became verbally abusive but left the area.
KK then opened the tent and found a “significant amount of property.”
The contents of the tent were seized, along with the tent itself. It included a cot, four bags of clothes and blankets, a suitcase, and other items.
The applicant was able to keep two bags, three cellphones, medication, a laptop, $10, lottery tickets, and a water bottle.
Bylaw officers disposed of the other items.
While the applicant claimed damages for the value of the tossed items, the tribunal said that the City was entitled to dispose of anything classified as “rubbish.”
The tribunal sympathized with the applicant and her loss of most of her possessions. It also recognized that the applicant found the bylaws significantly unfair. The tribunal suggested she challenge the validity of the bylaws in BC Supreme Court.
Ultimately, the B.C. tribunal dismissed her claim for damages against the City.
“There is simply no evidence before me that the City failed to follow its bylaws,” the tribunal said.