Downtown Ambassadors will face B.C. Human Rights Tribunal  

Vancouver, July 7, 2009 - Pivot Legal Society and the Vancouver Area Network of Drug Users (VANDU) have successfully opposed an application to dismiss the human rights complaint made last July against the Downtown Ambassador program. 

Pivot and VANDU brought the complaint to highlight discriminatory practices and policies on the part of the Downtown Ambassador program. The Downtown Ambassador program is run by the private security company Genesis, and is funded by the Downtown Vancouver Business Improvement Association and the City of Vancouver. 

The Pivot/VANDU complaint alleged systemic discrimination against homeless people by the Ambassadors, who remove homeless people and panhandlers from public streets and sidewalks by harassing them until they move along. 

The City of Vancouver and the Downtown Vancouver Business Improvement Association argued that the complaint ought to be dismissed without a hearing, arguing that there was no prospect that the complaint could succeed and therefore no benefit to allowing it to proceed. The BIA also alleged that the complaint was filed for an improper purpose and brought in bad faith. These arguments were rejected by the Tribunal.

“This is an important case, and we are glad that the Tribunal has decided to allow it to go to a full hearing,” says Laura Track, Pivot’s housing campaign lawyer. “Everyone has a right use public space, and private interests shouldn’t be allowed to hire security guards to take control of that space.”

Of particular note in the judgment was the finding by Tribunal Member Tonie Beharrell that, while it is not a human rights violation to discriminate against homeless people, Pivot could establish discrimination has occurred if it can show that homeless people are disproportionately Aboriginal, mentally ill, physically disabled or addicted.  In fact, according to a 2005 City of Vancouver report, 34% of homeless people are Aboriginal, compared to 2% of the general population. That report shows that homeless people also suffer extremely high rates of mental illness, physical disability, and addiction.

No hearing date has been set, but it is expected to be this Fall. 

To read a copy of the decision of the Tribunal, click here.