A new report from B.C.’s human rights commissioner finds the creation of a media “exclusion zone” during the April 2023 police take-down of the East Hastings Street homeless camp in Vancouver was “unlawful.”
“I conclude that the zone had the primary purpose of preventing safety concerns, including issues associated with the protests,” said Kasari Govender, B.C.’s human rights commissioner, in a Wednesday (Feb. 4) press conference. “However, the impact on the media was not adequately considered.”
On April 5 and 6, 2023, the Vancouver Police Department (VPD) and city staff moved into the homeless camp on East Hastings, cordoned it off, and began dismantling and removing people’s belongings from the area. Some members of the media were able to circumvent the barricade, some were denied access altogether, and some were told to leave once inside.
“The extent or scope of the impact on access to information is difficult to define,” Govender said. “However, it’s clear that harm was done.”
In a joint statement, the police department and city dispute Govender’s characterization, including her use of the words “media exclusion zone,” and claim media access was planned for and prioritized as they sought to bring the encampment to a close “due to significant and intensifying worker and public safety concerns.”
“To ensure worker and public safety, the city requested VPD support to manage access to the active work area,” the statement reads. “Media were invited and permitted inside, with a dedicated VPD liaison on site at the safe work zone perimeter to facilitate media entry and respond to questions.”
But Govender takes issue with the city’s description of the zones as a “work zone” or “safety zone,” arguing that this is overly formalistic terminology not based in law. She also contends that safety was not properly balanced with the impact on freedom of the press by the creation of these zones.
“The city and the VPD failed to ensure that the restrictions on these freedoms were proportionate, which they are required to do by law,” Govender said.
She also finds that the investigation into complaints over these restrictions was not sufficiently independent because the officer assigned to investigate was also in charge of the decampment itself.
Govender issued a series of recommendations with her report, including that police and municipalities throughout the province immediately cease excluding or restricting media around police action without explicit judicial authorization, except when required by a “credible and substantial threat to public safety,” or to the integrity of a criminal investigation.
But Govender acknowledged that she does not have the authority to enforce this directive or to issue any penalty to a city or police force. Her second recommendation calls for the provincial legislature to enshrine her first directive into law. She also wants the provincial government to provide funding for rights-based training for front-line officers.
Other recommendations include providing funding for independent media access advocacy, altering the Vancouver Police Board complaint process, and amending the Police Act to change how investigations of complaints are handled and make compliance with Police Complaint Commissioner recommendations mandatory.
The City of Vancouver and VPD indicated they would continue managing these sorts of events in the same way, despite the recommendations.
“The city will continue to establish safe work zones where hazards exist and may request VPD support to ensure the safety of workers and the public,” the joint statement reads. “The city remains committed to facilitating media access whenever possible, and to ensure safety for all, such access may be managed through designated entry points, escorts, or other measures.”