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Courtenay council passes first, second reading of Parks and Open Spaces Regulation bylaw

Courtenay city councillors have passed the first and second readings of a bylaw that aims to establish regulations and control of parks and open public spaces.

According to the city, bylaw No. 3121 is essential to ensure that the city’s parks and open spaces are safe, accessible and enjoyable for everyone. They add it also needs to protect areas of cultural significance and promote healthy and active lifestyles.

To do this, the bylaw goes into multiple different areas of regulation. This includes permit requirements for special uses like group training and cultural events. Research, substance use, and temporary shelter are also on the list to be regulated.

Under the bylaw, a person must not consume liquor (except in compliance with a licence issued under the Liquor Control and Licensing Act), cannabis (as defined in the Cannabis Control and Licensing Act), smoke or vape, or consume illicit drugs (except in compliance with the Controlled Drugs and Substances Act).

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There are also sheltering regulations. The city says they recognize some individuals may need to shelter temporarily in public spaces due to being unhoused, emergencies or other reasons. The hope is to “balance the rights of and needs of all park users while addressing the root causes of homelessness and poverty.”

The topic was addressed by council Wednesday night, with councillor David Frisch saying he supports the regulations to push for other solutions to the area’s growing unhoused population.

“This document isn’t about opening up our community for camping and sleeping everywhere and anywhere and in fact it’s in response to a need for people to have a place to sleep in the province,” said Frisch.

“This doesn’t resolve any of the major issues that cause people to need a place to sleep but it does draw a line in the sand, allowing us to say where that is acceptable and how we can deal with things we can agree are unacceptable.”

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He adds that the reality is people are sleeping on the streets and in parks and hopefully the province and federal government can bring in more money to deal with the issues that cause homelessness.

Councillor Evan Jolicoeur did not vote in favour, as he says what we are seeing is an “unfortunate reality of failing systems that we’re having to enact bylaws to restrict people’s dignity of having a shelter.”

Jolicoeur added he would prefer the bylaw go back to staff for more community engagement and conversations with advocates.

“I would really like to hear from community members and groups who represent marginalized individuals, unhoused individuals, people who use drugs to understand how the bylaw as it’s written might be impacting them,” said Jolicoeur.

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Councillor Doug Hillian added that because it was only the first and second reading, there would be an opportunity for community feedback to be considered before the third reading.

Staff adds that there are a lot of different groups involved in the bylaw, and going back to more engagement is possible, but it will take a significant amount of time and the project’s budget has been fully exhausted.

Councillor Wendy Morin added the bylaw will require a lot of clear communication and wants it to be rooted in compassion.

“What I don’t want to see is what we’re seeing in other communities that are bylaws that are harmful, that are punitive,” said Morin.

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Staff added that over the last three years, they have never issued a ticket to an unhoused individual, and the last one that was issued by RCMP to an unhoused individual was in 2019 for open alcohol.

Council voted in favour of the first and second readings.

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