City challenges land use paramountcy, files petition with BC Supreme Court

News Release

A court action is underway.  On Wednesday, July 7, 2021, a petition was filed with the BC Supreme Court challenging the Province’s decision to invoke “paramountcy” over the City’s zoning bylaw in a unilateral move to operate an intended temporary winter shelter at 352 Winnipeg Street as a year-round facility.

"This matter involves a community land use problem and Council remains united on the position it’s taken with the Province since first learning of Mr. Eby’s decision to ignore the will of our community as it relates to 352 Winnipeg Street,” said Penticton Mayor, John Vassilaki.   “Council 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’s bylaws and avoid the necessity of going to court.”

The City has approved spending up to $300,000 on this legal challenge, an amount that was favoured by the Community following an April community poll on the subject.

As this matter is now before the court, no further comments will be supplied.


Philip Cooper
Communication Manager
City of Penticton