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Background

In September 2024, the City of Abbotsford issued a trespass notice to the occupants of a homeless encampment, directing them to dismantle all structures and leave the area. In response, the community organization Matsqui-Abbotsford Impact Society brought an application to the B.C. Supreme Court to pause the removal of the encampment until a judicial review could be completed. The Society argued that the evictions run counter to the Canadian Charter of Rights and Freedoms, stating among other things that the forced decampment of vulnerable people without providing appropriate services or adequate alternatives infringes on their right to life, liberty and security of the person.

The Supreme Court found that the encampment should be removed—but given how the rights of unhoused people would be affected, the judge outlined several conditions that have to be met before the eviction can proceed. The Province of British Columbia and the City of Abbotsford appealed that decision.

In the appeal of this decision, both the Province and the City maintain that the Charter doesn’t create a positive obligation to take proactive measures to mitigate risks to encampment residents’ rights.

Leave to intervene

On Jun. 9, 2025, the Court of Appeal granted the Human Rights Commissioner leave to intervene in this case. The Commissioner’s intervention will focus on the scope of international human rights and Charter protections for the rights of encampment residents.

This case has the potential to affect how the rights of encampment residents are protected in British Columbia. I am looking forward to providing legal submissions to the Court of Appeal about how to interpret the protections of the Charter and international human rights law in the context of homelessness.

— Kasari Govender, B.C.’s Human Rights Commissioner

Follow the case

Find BCOHRC’s materials related to this case, including press releases and documents, below.

Please select a tab to view from the dropdown menu:

  • BCOHRC’s memorandum of argument for leave to intervene

    • About interventions

    The Commissioner can apply to intervene in court and can intervene as a matter of right in B.C. Human Rights Tribunal cases with the potential to make a significant impact on human rights across the province. Interventions can impact how the law evolves, making them an important tool in systemic work to promote and protect human rights.

    If the Commissioner’s request to intervene is approved by a court, BCOHRC provides submissions (also called legal arguments) to the judge in the case in question. These submissions are usually about how to interpret a narrow point of the law. Intervenors do not represent either side in a case; their submissions must be different from the arguments being made by the parties to the case, and submissions must not advocate for either side to win or lose.

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