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 low鈥慽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.

Monday鈥檚 ruling says the provincial government 鈥渆vidently became concerned鈥� 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 court鈥檚 鈥渟upervisory role鈥� enshrined by Constitution.

The three-judge appellate panel found the legislation 鈥渁mounted to interference鈥� with the court鈥檚 adjudicative role.

Peter Gall, the coalition鈥檚 lawyers, said Monday that the ruling is a 鈥渧ery important rule-of-law decision.鈥�

鈥淚t affirms the constitutional principle that the legislature can鈥檛 take away or usurp the right of citizens to challenge governmental action,鈥� Gall said. 鈥淭hat鈥檚 what the legislature attempted to do here with the law it passed.鈥�

The ruling said the case wasn鈥檛 about whether the housing crisis 鈥渞equires action or whether the proposed development should proceed鈥� 鈥� the 鈥渟ole issue鈥� 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 鈥渟imply said that 鈥榳e deem the public hearing to be in compliance with the law,鈥欌�� Gall said.

鈥淎nd that鈥檚 not the legislature鈥檚 role. That鈥檚 the court鈥檚 role,鈥� Gall said. 鈥淐itizens always have the right to go to court to challenge the exercises of statutory power,鈥� he said. 鈥淭hat鈥檚 the essence of the rule of law.鈥�

Gall said the city can鈥檛 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 鈥渇it it better into the community.鈥�

鈥淭hey wanted to work with the city to come up with a win-win,鈥� he said.

He said the province pressured the city to 鈥渞am鈥� the project through, and instead of amending the law as allowed, the legislature 鈥渏ust prevented the court from ruling on the application of the existing law.鈥�

鈥淭he government in its haste really ignored that fundamental constitutional principle that you can鈥檛 take away the right of the court to apply the existing law,鈥� 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 鈥渒eep doing the work to make sure that more homes people need are being built.鈥�