Who is responsible for tent cities and homeless encampments in B.C.?

Recent incidents at homeless encampments and tent cities in B.C. have raised questions about who is responsible for them, and what is being done to help people experiencing homelessness in the province.

On Monday, a man was shot at an encampment in Nanaimo, on Vancouver Island, while attempting to retrieve an item allegedly stolen by someone who resided there.

A day later, the city of Prince George voted to create a centralized homeless camp in the Moccasin Flats area, to stop camps from spreading across the city due to public safety concerns.

The incidents raise the complicated questions of what rights are afforded to those experiencing homelessness, and who is responsible for their welfare.

Here are some answers to those questions.

No. There's nothing in Canada's criminal code that makes it a crime to be unhoused; the Charter of Rights and Freedoms includes protections for people in public spaces.

"The main section of our Charter, which applies in the context of people sheltering outside, is section 7," said Anna Cooper, staff lawyer at Pivot Legal Society who works with unhoused people.

"[It] basically protects the safety of your person and your possessions."

However, people who live in tents or makeshift shelters in cities can be in contravention of municipal bylaws around zoning, outdoor camping or fire safety.

Additionally, Cooper says, police can charge someone sleeping outside with the criminal offence of obstructing a peace officer. Police can also enforce the civil penalty of trespassing on private property.

While many homeless encampments are in violation of municipal bylaws or trespassing acts, courts have ruled before that cities may not evict them without providing residents appropriate housing.

For instance, B.C. Supreme Court justice Christopher Hinkson ruled in 2021 that the City of Prince George could not dismantle the Moccasin Flats encampment, due to a lack of suitable alternatives for residents.

"We've had cases where [unhoused] people win at the first instance, but then the city just keeps pushing through the court system until they get that rubber stamp to evict people, even to nowhere," Cooper said.

According to Cooper, there are no specific laws that guarantee a right to housing in Canada.