The provincial government is turning to the courts in the latest attempt to deal with the encampment of unhoused individuals living next to Highway 97 in Penticton.
The civil suit, filed on Feb. 3 against John Doe, Jane Doe, and between 20 to 25 unnamed other residents of the Fairview Encampment, is currently scheduled to be heard in court starting on March 23.
The case is being brought by the Minister of Transportation and Transit and the B.C. Attorney General, who claim that the residents of the encampment are trespassing on the road dedication next to Highway 97, and that by occupying the land continuously and not simply camping overnight are violating the Transportation Act.
The province is seeking to force out all of the residents of the camp, as well as the removal of all the structures they have erected on the road dedication.
The legal action is the latest effort by the province to deal with the encampment, which, due to being located on the road dedication, is outside of the City of Penticton and the Penticton Indian Band’s jurisdiction.
The province had issued an eviction notice to the residents of the camp in 2025, later erecting fencing around the area, but it was easily visible that they were only able to clear out those residing on the southern bank of Ellis Creek. After those residents cleared out, crushed rocks were brought in to cover the area.
The northern bank of Ellis Creek, closest to Fairview, has remained occupied. According to the province’s lawsuit, the total number of residents of the encampment has grown since March of 2025.
In addition to the issues of trespassing, the province is bringing forward the issue of safety at the encampment, citing the 90 calls received by the Penticton Fire Department to the site, including multiple fires.
The lawsuit also claims that unknown individuals at the encampment repeatedly tampered with the junction box for the traffic signals at the intersection to try to set themselves up with electricity at the camp.
“The applicants acknowledge and accept that there are unique considerations that are engaged when the question of how and when to deal with encampments is before the Court,” the Province’s application reads. “Here, the applicants assert that the Fairview Encampment —in addition to being an unlawful trespass and nuisance — is an ongoing threat to public safety.”
The province notes that, in addition to the traffic signal tampering, the encampment brings additional risks to drivers and the occupants, such as from distractions, leaving things on the shoulder, and sitting or walking on the shoulder of the road.
The case will be heard in Penticton’s Courthouse by the judge presiding during the week of March 23.