Bill 26 compromises the integrity of rights and transparency

On April 27th, 2023, the Bill 26 Committee debate occurred at the BC Legislature.

This unprecedented amendment. introduced on April 18th,  has specifically targetted the site at 7th/8th and Arbutus.  Kitsilano Coalition published our initial response to this bill being introduced at that time.  This Bill 26 legislation essentially states that for the 7th/8th and Arbutus site, the Government deems the requirements for the Public Hearing to have been met, regardless of existing laws or any ruling by any court to the contrary.

The subsequent debate on April 27th was the government's opportunity to justify the introduction of this bill, take questions from the opposition and respond to the intent and goal of this Bill.

The responses from this government were both disappointing and concerning.

The entire debate occurred over nearly 2 hours, much of it in silence as Housing Minister Ravi Khalon took exceptionally long pauses and breaks when questioned so that he could deliberate and attempt to search for answers from staff.

To simplify viewing, we have broken down the video links to important key discussions (to help remove as many long pauses as possible).

The opening of the debate commences with the announcement of the Bill. Member Mike de Jong (Shadow Minister for Attorney General) opens the discussion to frame the debate. The sequence of members was:

• Minister Elenore Sturko (Shadow Minister for Mental Health and Addictions) questions and debates the merits of the housing model at this site, as well as the ambiguity of what is known of the supports at the 7th and Arbutus Site.
  
  
• During this exchange, BC NDP Housing Minister Khalon stated this housing is for young families, which is not correct, based on the rezoning application, MOU and submissions by BC Housing. This building is 129 Single Room Units, with an in-house drug consumption site and does not allow for young children to reside or be within the building.
  
  
• Minister Mike de Jong (Shadow Minister for Attorney General) then commences to question and debate the legal intent of this Bill and asks Minister Khalon about why this Bill overruled the legal right to judicial review, which is being sought by Kitsilano Coalition. Again, significant delays while Minister Khalon seeks to find answers.
  
  
• During this exchange, Minister Ravi Khalon stated that the intent of the Government is to have this legislation introduced and be considered by a judge in the already filed petition by Kitsilano Coalition.
  
  
• Next, Michael Lee (Shadow Minister for Indigenous Relations and Reconciliation) commences his questioning and debate. Minister Lee proceed to question Minister Khalon on the legitimacy of the Bill and how it serves to limit citizens' rights and right to judicial review.
  
  
• In closing, Minister Lee states the opinion that this legislation could be found to be unconstitutional if challenged and warns against this bill as an affront to our legal and judicial system.

The motion was passed by a vote of 47 to 21.  This is now pending Royal Assent at a yet-to-be-determined date but expected prior to or on May 11th, 2023.

Kitsilano Coalition is currently evaluating our possible next steps with legal teams in relation to our existing legal action and opposing this new challenge with the legislation.  Informed estimates put our legal cost between $75,000 to $100,000 to continue to pursue to oppose both of these aspects of our legal challenge.

Kitsilano Coalition needs your financial support NOW to continue its legal activities. We are incurring incremental legal costs just to determine our next step and strategy. We have set the goal at $100,000 to be able to pursue these to the fullest extent. Please contribute by visiting our contributions page.  Funds are to support our legal costs, and Kitsilano Coalition is run by volunteers who take no payment. We thank you for your support.