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Penticton petitions the court over B.C. government’s move to keep city shelter open

Jul 7, 2021 | 5:12 PM

PENTICTON, B.C. — The City of Penticton has launched a B.C. Supreme Court challenge against the provincial government’s move to override its zoning bylaws for what was to be a temporary winter shelter. 

The petition says the government’s actions to continue to use the facility as a shelter, against Penticton’s bylaw, bestows far greater power on the province than its laws intended. 

It’s the latest twist in the dispute where the city is trying to close the 42-bed shelter in defiance of BC Housing’s plans to extend the temporary-use permit for another year. 

Attorney General David Eby, who’s also in charge of housing for the province, has said they need more time to find spaces for the homeless, while Penticton says the site has numerous crime issues and locals want it closed. 

The petition asks the court to allow its decision to stand as “an exercise in democratic government,” which shouldn’t be trumped by the preferences of BC Housing. 

No one from Eby’s ministry was immediately available to comment on the court petition. 

A statement from the city says thousands of residents have told council in polls, petitions and letters that the building is no place for a shelter. 

“This matter involves a community land use problem and council remains united on the position it’s taken with the province since first learning of Mr. Eby’s decision to ignore the will of our community as it relates to 352 Winnipeg Street,” Penticton Mayor John Vassilaki said in the statement. 

It says council hopes BC Housing will “do the right thing” and close the shelter, adhere to city bylaws and avoid the court challenge. 

The city has approved spending up to $300,000 for the legal challenge. 

This report by The Canadian Press was first published July 7, 2021. 

The Canadian Press