The B.C. Court of Appeal has ruled that a law passed by the provincial government to stave off opposition to a supportive housing development in the Vancouver neighbourhood of Kitsilano is unconstitutional.

The provincial government had adopted the law at the request of the City of Vancouver in 2023 to push through a 12-storey housing development at Arbutus Street, featuring units open to low香蕉视频直播慽ncome residents and users of support services.

But the Arbutus development was opposed by the Kitsilano Coalition for Children & Family Safety Society, which took the city to court over its in-principle approval of a rezoning to allow the project to go ahead.

Monday香蕉视频直播檚 ruling says the provincial government 香蕉视频直播渆vidently became concerned香蕉视频直播� the litigation could delay the rezoning, so it passed the Municipal Enabling and Validating Act to facilitate the project.

The B.C. Supreme Court upheld the law in November last year, but the community group appealed, arguing the law crossed the line in bypassing the court香蕉视频直播檚 香蕉视频直播渟upervisory role香蕉视频直播� enshrined by Constitution.

The three-judge appellate panel found the legislation 香蕉视频直播渁mounted to interference香蕉视频直播� with the court香蕉视频直播檚 adjudicative role.

Peter Gall, the coalition香蕉视频直播檚 lawyers, said Monday that the ruling is a 香蕉视频直播渧ery important rule-of-law decision.香蕉视频直播�

香蕉视频直播淚t affirms the constitutional principle that the legislature can香蕉视频直播檛 take away or usurp the right of citizens to challenge governmental action,香蕉视频直播� Gall said. 香蕉视频直播淭hat香蕉视频直播檚 what the legislature attempted to do here with the law it passed.香蕉视频直播�

The ruling said the case wasn香蕉视频直播檛 about whether the housing crisis 香蕉视频直播渞equires action or whether the proposed development should proceed香蕉视频直播� 香蕉视频直播� the 香蕉视频直播渟ole issue香蕉视频直播� was whether the province infringed upon the role of the court.

Gall said the coalition challenged the validity of the public hearing into the project, and did so by going to court. The provincial government 香蕉视频直播渟imply said that 香蕉视频直播榳e deem the public hearing to be in compliance with the law,香蕉视频直播櫹憬妒悠抵辈�� Gall said.

香蕉视频直播淎nd that香蕉视频直播檚 not the legislature香蕉视频直播檚 role. That香蕉视频直播檚 the court香蕉视频直播檚 role,香蕉视频直播� Gall said. 香蕉视频直播淐itizens always have the right to go to court to challenge the exercises of statutory power,香蕉视频直播� he said. 香蕉视频直播淭hat香蕉视频直播檚 the essence of the rule of law.香蕉视频直播�

Gall said the city can香蕉视频直播檛 proceed with the development until it holds a valid public hearing, and the coalition still wants the opportunity to work with city council to make changes to the development between West 7th and 8th avenues to 香蕉视频直播渇it it better into the community.香蕉视频直播�

香蕉视频直播淭hey wanted to work with the city to come up with a win-win,香蕉视频直播� he said.

He said the province pressured the city to 香蕉视频直播渞am香蕉视频直播� the project through, and instead of amending the law as allowed, the legislature 香蕉视频直播渏ust prevented the court from ruling on the application of the existing law.香蕉视频直播�

香蕉视频直播淭he government in its haste really ignored that fundamental constitutional principle that you can香蕉视频直播檛 take away the right of the court to apply the existing law,香蕉视频直播� he said.

The City of Vancouver said in a statement that it was reviewing the decision, although it was not a party to the appeal, and construction has not started.

Housing Minister Ravi Kahlon said in a statement that the province was also reviewing the ruling.

He said the province would 香蕉视频直播渒eep doing the work to make sure that more homes people need are being built.香蕉视频直播�