British Columbia Legislature
Straight to the punchline. Kitsilano Coalition is seeking contributions to support a critical legal case that could affect every community in British Columbia. Whether they can go ahead will depend on whether they can raise enough funds. Minutes count, literally. Details are below. To contribute securely, please access this link: https://www.kitsilanocoalition.org/contribute
It is rare for CityHallWatch to make an appeal like this.
But this is an urgent issue of critical importance to all communities in British Columbia. For background, see our previous post on the topic here: In response to City of Vancouver request, B.C. provincial government introduces bill intended to override a community group's Supreme Court legal challenge to Arbutus tower project (19-April-2023) and more, further below.
The Province government under Premier David Eby and Housing Minister Ravi Kahlon is moving VERY quickly on this. It went from a vaguely worded media release about "Legislative action will streamline housing approvals in Vancouver" on April 18 and the First Reading of Bill 26 on the same day, to Second Reading (yesterday) on April 25 (see Legislature video, aft session, interventions starting about 7:20), and a committee meeting likely today (April 26). The Third Reading, and Royal Assent are imminent, in hours or days. Eby and Kahlon are racing to get this through. To be most effective, a legal challenge needs to be mounted as quickly as possible. (See general info on how bills are passed in B.C.).
Here's what the Kitsilano Coalition said about all of this: 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 court when governments act unlawfully.
This issue has gone way beyond one housing project application the Kitsilano Coalition was focusing on at Arbutus Ave between 7th and 8th Ave. in Vancouver. It goes right to the core of the role of provincial government, municipal governments, independence of our judiciary, and the voices of citizens.
CityHallWatch has been observing civic affairs for nearly 15 years and witnessed a steady erosion of respect for community voices and neighbourhoods, and municipalities. Just two recent examples are, based on murky origins in Vancouver, municipal election cycles in all of British Columbia went from three years to four in 2018, which reduces voter potential to influence how our towns and cities are run in this province. Just a year ago, the Province changed legislation making public hearings optional for most municipalities in many cases, reducing the chance for the public to comment directly to their elected officials on rezoning applications (example from Delta here).
This current action by the provincial government under David Eby with housing minster Ravi Khalon is unprecedented. The only chance to challenge this and allow the opportunity for more respectful and transparent public debate is now, and it's in the hands of Kitsilano Coalition. But they need to have adequate funds to launch an appeal quickly.
Please consider making a contribution immediately. Their target is $50,000.
For more background please see below.
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KITSILANO COALITION
Release: Unprecedented legislation to circumvent lawsuit: https://www.kitsilanocoalition.org/blog/unprecedented-bc-legislation
Response from Kitsilano Coalition to the BC Government's Unprecedented Legislation to Circumvent Lawsuit Against 7th/8th and Arbutus Supportive Housing
April 19, 2023 – Vancouver, BC – The legislation introduced by the BC NDP and BC Housing Minister, Ravi Kahlon, referred to as Bill 26, targets our lawsuit against the City of Vancouver and the Vancouver Affordable Housing Agency, in relation to the City's rezoning application of its property at 7th/8th and Arbutus to facilitate a project by BC Housing.
The legal petition filed in the BC Supreme Court by Kitsilano Coalition sets out how the City withheld key information during the public hearing process, made misleading statements throughout, and breached our fundamental right to be heard. The City's request, and Provincial Government's willingness, to now step in and fix the City's mistakes so that BC Housing can forge ahead with this ill-conceived project, despite an unfair process, shows what a strong case we have. The legislation is unprecedented and is an affront to the democratic and legal process.
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 court when governments act unlawfully.
Contribute: https://www.kitsilanocoalition.org/contribute
Sign up for Kitsilano Coalition (top page): https://www.kitsilanocoalition.org/
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UPPER KITSILANO RESIDENTS ASSOCIATION (UKRA)
Kitsilano Coalition asks for contributions to stop Bill 26 (26-Apr-2023)
Below is a reprint of another community group's post on the topic (Upper Kitilano Residents Association). Link - https://upperkitsilano.ca/2023/04/26/kitsilano-coalition-asks-for-contributions-to-stop-bill-26/
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 against it, said Eby, shouldn't worry about the supportive 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 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.
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