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 low91裸聊视频慽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.

Monday91裸聊视频檚 ruling says the provincial government 91裸聊视频渆vidently became concerned91裸聊视频� 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 court91裸聊视频檚 91裸聊视频渟upervisory role91裸聊视频� enshrined by Constitution.

The three-judge appellate panel found the legislation 91裸聊视频渁mounted to interference91裸聊视频� with the court91裸聊视频檚 adjudicative role.

Peter Gall, the coalition91裸聊视频檚 lawyers, said Monday that the ruling is a 91裸聊视频渧ery important rule-of-law decision.91裸聊视频�

91裸聊视频淚t affirms the constitutional principle that the legislature can91裸聊视频檛 take away or usurp the right of citizens to challenge governmental action,91裸聊视频� Gall said. 91裸聊视频淭hat91裸聊视频檚 what the legislature attempted to do here with the law it passed.91裸聊视频�

The ruling said the case wasn91裸聊视频檛 about whether the housing crisis 91裸聊视频渞equires action or whether the proposed development should proceed91裸聊视频� 91裸聊视频� the 91裸聊视频渟ole issue91裸聊视频� 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 91裸聊视频渟imply said that 91裸聊视频榳e deem the public hearing to be in compliance with the law,91裸聊视频�91裸聊视频� Gall said.

91裸聊视频淎nd that91裸聊视频檚 not the legislature91裸聊视频檚 role. That91裸聊视频檚 the court91裸聊视频檚 role,91裸聊视频� Gall said. 91裸聊视频淐itizens always have the right to go to court to challenge the exercises of statutory power,91裸聊视频� he said. 91裸聊视频淭hat91裸聊视频檚 the essence of the rule of law.91裸聊视频�

Gall said the city can91裸聊视频檛 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 91裸聊视频渇it it better into the community.91裸聊视频�

91裸聊视频淭hey wanted to work with the city to come up with a win-win,91裸聊视频� he said.

He said the province pressured the city to 91裸聊视频渞am91裸聊视频� the project through, and instead of amending the law as allowed, the legislature 91裸聊视频渏ust prevented the court from ruling on the application of the existing law.91裸聊视频�

91裸聊视频淭he government in its haste really ignored that fundamental constitutional principle that you can91裸聊视频檛 take away the right of the court to apply the existing law,91裸聊视频� 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 91裸聊视频渒eep doing the work to make sure that more homes people need are being built.91裸聊视频�