The city of Penticton鈥檚 battle with the province over a homeless shelter located on Winnipeg Street is now officially before the courts.

On Wednesday, July 7 the petition was officially filed with the B.C. Supreme Court to challenge the provincial government over their use of paramountcy powers to overrule the city鈥檚 council bylaw and decisions regarding the shelter.

The shelter, run in the former Victory Church building, was originally proposed as a temporary winter housing solution in October 2020, but the province has since extended the building鈥檚 use as a shelter months past the date it was originally meant to close. The city wants the shelter that houses over 40 people closed immediately.

Penticton council has previously sparred with the Ministry of the Attorney General over the continued use of the shelter beyond its previously approved temporary permit. That permit was set to expire at the end of March, 2021.

鈥淭his matter involves a community land use problem and council remains united on the position it鈥檚 taken with the province since first learning of Mr. Eby鈥檚 decision to ignore the will of our community as it relates to 352 Winnipeg Street,鈥� said Penticton mayor John Vassilaki in a press release issued July 7.

鈥淐ouncil has listened and by way of polls, petitions and letters, thousands of residents have told us that 352 Winnipeg Street is no place for a shelter, and we agree. That is why council denied renewing the permit and why we continue to oppose the facility, at this location. We hope BC Housing will do the right thing and close the shelter, adhere to the city鈥檚 bylaws and avoid the necessity of going to court.鈥�

The press release noted that the city has approved spending up to $300,000 on the legal challenge, citing approval from residents based on an April community poll.

That poll found 51 per cent of the public and 39 per cent of random people surveyed support legally challenging the province in the courts.

The public survey generated 3,472 responses. Meanwhile, the survey of a random sample of the database of 5,700 鈥楽hape Your City鈥� active members generated 421 responses.

The Penticton Western 亚洲天堂 has reached out to Attorney General David Eby for comment.

To report a typo, email: editor@pentictonwesternnews.com.

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