On December 23, 2024, a three Judge panel from BC Court of Appeal ruled unanimously, in favour of our Constitutional Challenge Appeal and confirmed that the BC NDP Bill 26 MEVA legislation, introduced in May 2023, aimed at pushing through the 7th/8th and Arbutus development, is unconstitutional.
This is a monumental win for our community and underscores the vital principle that citizens have the right to challenge governmental actions through the court system.
We also wish to express our gratitude to our constitutional legal Counsel, Peter Gall K.C. and his team at Gall Legge Grant Zwack LLP, for their collaboration, tireless efforts, knowledge and attention to detail during the course of this legal filing.
We acknowledge the pressing need for affordable housing solutions in Vancouver, however we firmly believe that development cannot come at the expense of public safety, community well-being and at the expense of Citizens' constitutional rights. The 7th/8th & Arbutus project, as proposed, would have placed 129 units of low-barrier supportive housing, including an in-house drug consumption room, a mere 17 metres from an elementary school with 450 children, a successful women's recovery home, and a toddler park. This is simply not a recipe for success.
From the outset, the Kitsilano Coalition has advocated for a more responsible and inclusive approach to housing in our neighbourhood and across the Province. We have proposed alternative models that would cater to a wider range of social and affordable housing on this site, including housing for families, children, the elderly, people with disabilities, and individuals requiring specialized care. Unfortunately, our calls for meaningful engagement and collaboration with the BC Govt, BC Housing and the City of Vancouver have been largely ignored, forcing us to seek redress through the legal system.
A Call for Change
This past October 2024, we came together with other communities across the Province, facing similar challenges, in a Call4change to Governments and Municipalites, asking them to move away from Low-Barrier Congregate Housing with Open Drug Consumption, in favour of Recovery Oriented Independent Housing and Programs. There has been no acknowledgment of this by the current in power Provincial Government or Municipal Councils.
We are hopeful that this court ruling will prompt BC Housing and the City of Vancouver to pause and reconsider their approach for this site and others around the Province. This is an opportunity to work together to develop a housing solution that serves the needs of all residents while ensuring the safety and well-being of our neighbourhoods.
Next Steps & Call for Support: Legal Funding Needed
We are reviewing this ruling with our Constitutional and Municipal Legal Counsels, to plan the next steps and will advise you all, once we have seen any response from Government or Council to this ruling.
Our legal efforts require ongoing financial support. We appreciate everyone who has contributed so far. If you're able, please consider contributing:
CONTRIBUTE NOW
Thank you for your contribution and your continued confidence in the Kitsilano Coalition.
