B.C. Seeks Court Order to Remove Penticton Encampment Amid Safety Concerns

The British Columbia government is heading to court in an effort to remove a homeless encampment in Penticton, arguing the site poses significant public safety risks.

The case, set to begin Monday, has been filed by the province’s Ministry of Transportation and Attorney General, seeking an injunction against approximately 23 people living at the Fairview Encampment, located on provincially owned land near Highway 97.

Province cites safety risks

In its court application, the province describes the encampment as a serious hazard, pointing to multiple fires and allegations that residents have tampered with nearby traffic infrastructure to access electricity.

Officials also say the camp’s proximity to a busy highway creates risks for both drivers and those living at the site.

Residents say they have no options

For those living at the encampment, the potential eviction raises concerns about where they will go next.

Jason Matchett, one of the residents, said there are few alternatives available.

“There’s just no options,” he said. “This is the wrong way to go about it.”

Residents argue that without accessible housing or shelter, removing the encampment would leave them with nowhere to stay.

Failed housing proposal

The province previously attempted to relocate residents by supporting a proposed 50-unit tiny home development in Penticton.

However, the project was rejected by city council in December.

Julius Bloomfield, who supported the proposal, said concerns were raised about the site’s location and how issues like substance use would be managed.

Bloomfield added that if the encampment is removed, the province should focus on ensuring residents have somewhere else to go.

“You have to put some effort into finding some housing,” he said.

Legal considerations

Legal experts say the case may hinge on whether adequate shelter options exist for those living at the encampment.

Margot Young of the University of British Columbia Allard School of Law noted that court rulings in Canada have established that people have a right to shelter themselves outdoors if no reasonable housing alternatives are available.

“As long as there are insufficient shelter beds, there is a right to put up temporary shelter on public lands overnight,” she said.

Young added that the city’s rejection of the tiny home project could complicate the province’s case.

“You can’t deny housing options and at the same time prevent people from protecting themselves,” she said.

What’s next

The court hearing is expected to last three days and will determine whether the province can proceed with removing the encampment.

The outcome could have broader implications for how governments across British Columbia manage homelessness, public safety and access to housing.