Last week, the provincial government announced new legislation (Bill 26) that would circumvent legal action taken by the Kitsilano Coalition against the City of Vancouver over the Arbutus supportive housing project. Now the community group says it plans to challenge the validity of the amendment because it believes the bill will silence community voices and citizens’ ability to use the courts, and to hold the government accountable to follow lawful and transparent processes.

The Coalition is asking individuals, business associations, community groups, and anyone who cares about the future of democracy in Vancouver to contribute on its website so it can continue with its legal case to oppose the NDP government’s legislation. Bill 26 had its second reading on Apr. 25 and is expected to receive Royal Assent before the legislature breaks for spring on May 11. It doesn’t leave the Coalition much time.

The group’s original petition highlighted the flaws and failures of the City process, lack of transparency and accuracy. Rather than work with the group, the City asked the Province to step in and quash their legal case.

The supportive housing project is a 13-storey tower with 129 single units for those who are homeless or at risk of becoming homeless. The area surrounding the tower consists of a private elementary school, a women’s rehab centre and shelter, and a children’s park. The Coalition launched its legal case in October 2022 after the City approved the proposal in an 8-3 vote, despite the fact that the vast majority of speakers were against the project.

The new Housing Minister, Ravi Khalon, said the public hearing, one of the longest in recent memory, was valid, but many who listened to the meeting were shocked that speakers were counselled not to ask questions that were pertinent to the project. Even Councillors were prevented from asking specific questions about the proposal and of the housing project’s operator by then-mayor Kennedy Stewart.

The obstruction to asking questions and the lack of transparency by Council led the Coalition to make a legal petition against the City of Vancouver and the Vancouver Affordable Housing Agency, with the group alleging the City failed to follow proper procedures in the rezoning process.

CKNW Radio host Mike Smyth asked former Councillor Colleen Hardwick , who voted against the Arbutus project, to respond to Premier David Eby’s comments that the new legislation is necessary  because Vancouver is in the midst of a housing crisis and many people have been forced to make the streets their home.  Those who oppose it, said Eby, shouldn’t worry about the housing project because after a few months, people won’t even notice it. (Note: that did not prove to be the case at the Marguerite Ford Apartments, which saw a huge increase in police calls since it opened in May 2013).

 “Where I come from [this legislation] is anti-democratic,” responded Hardwick. “It’s autocratic. It gives [the government of the day] the ability to overrule people’s ability to lodge a court case against it. It says we are not going to listen to the people, we are going to do whatever we want.… It’s scary.”

 The Kitsilano Coalition, meanwhile, has posted this statement statement on their website:

 “Most significantly, the steps taken by the municipal and provincial governments through this legislation should be of great concern to all citizens across the province. This legislation undermines citizens’ rights to be heard by government, compromises the integrity and obligation of government to provide transparency, and limits access to the courts when governments act unlawfully.”

If you would like to receive updates from the Kitsilano Coalition, you can sign up here.

 Once again, contributions to the group’s legal action are urgently needed. You can make yours here. The group is hoping to raise $50,000 to pursue its new legal challenge.