Camping bylaw: District staff can ‘clearly differentiate’ between homeless and others

As Squamish residents discuss and debate new camping bylaws that allow homeless persons to erect temporary overnight shelters in public parks and some other places, many wonder how the district officials would differentiate between the homeless and visitors who just want to camp.

In FAQs posted recently on its website, District of Squamish says its staff has the ability to differentiate between the truly homeless and visitors who just want to camp overnight in local parks.

The district says Bylaw Enforcement Officers have worked with the homeless for many years, and have the expertise to differentiate between the truly homeless and normal campers.

“Homeless people sheltering overnight is very different than visitors camping. Camping is not a permitted use in any neighbourhood park, as outlined in the Zoning Bylaw. Camping in our parks is currently not allowed and this is enforced. This remains the case and will be enforced. District Bylaw Enforcement Officers are trained and experienced in working with those experiencing homelessness to be able to clearly differentiate,” the district says in FAQs.

However, the district did not clarify what tools bylaw officials use to determine that someone claiming to be homeless is actually homeless.

The new camping bylaw allows a homeless person to erect a temporary shelter from 8 pm to 9 am, between May 1 and August 30 of this year, in all district parks.

The district says it is bringing its bylaws in line with  B.C. Supreme Court ruling that upholds the right of homeless persons to erect temporary shelter overnight on public land.

“The Court ruling was also clear that sleeping over night is temporary, may not be in the same location night after night, the shelters and all belongings must be removed daily, and that local governments can identify exceptions to where the homeless can stay overnight,” the district says.

The goal of the new bylaws, it says, is to provide regulatory tools to enforce rules on unlawful camping in Squamish.

“The bylaw changes also correct a prohibition against anyone being overnight in municipal parks, which was ruled unlawful by the Courts as it relates to the homeless,” the district says.