Advocate for homeless charged with ‘rare’ Victoria bylaw offences

Friends of a local homeless advocate rallied at the courthouse Wednesday during his first appearance on three City of Victoria bylaw charges.

Kym Hines is charged with obstructing or interfering with a city employee in the performance of his duty at Central Park on Nov. 3 and Dec. 5, and at Beacon Hill Park on Nov. 6 contrary to the city’s parks regulation bylaw.

“This is a serious David and Goliath situation,” said Hines’ lawyer Cara Hunt. “The city has deep pockets, unlimited funds to hire a private lawyer at a private firm to prosecute it as far as they want to go — and there’s Kym. We believe they do not have a case.”

Bill Eisenhauer, head of engagement for the City of Victoria, did not agree with Hunt’s characterization of the court case as a David and Goliath situation.

“We cannot provide details of an active enforcement matter,” said Eisenhauer. “But the city takes the safety of its employees very seriously and will enforce its bylaws as required in order to protect its staff. Further documents will be filed with the court in due course as part of these proceedings that will provide more background on the reasons the city is bringing this action. “

Hines, 60, has been documenting marginalized people and tent cities for close to 20 years and has no criminal record. He is housed and has a job.

“In my career as a lawyer, I’ve never seen anyone charged with this offence. It’s rarely used which would indicate it’s more about Mr. Hines than it is about what happened,” said Hunt.

Hines uses his cameras to document interactions between city officials and the unhoused, said Hunt. “He takes photos and videos as outreach to help people who are unhoused understand their rights and understand what is going on.”

One of the charges is related to when Hines was video-recording city staff putting up signs about sheltering, said Hunt.

“The court documents note that when he’s taking pictures or videos, he’s actually serving food from the Red Cedar Cafe, so he’s there for a great purpose.”

Former Cool Aid outreach worker Trudy Norman, who has known Hines for 10 years, came to support him through his first appearance.

“He’s out there doing support and outreach with folks and he challenges the status quo and that can often be a difficult thing to do,” said Norman.

“He doesn’t give up.” Emily Thiessen was painting a sign — “We Stand with Kym” — on the steps of the courthouse.

“I’m here because Kym is always, always there for the community,” she said. “And he shows up for so many different things. I usually run into him at environmental justice struggles. But he is also such an advocate for the unhoused, an advocate for the queer community and so many different things.

“He’s just always, always showing up. It’s important for us to be there for him too and support the work he’s trying to do.”

Hines is an advocate who has experienced homelessness and that’s so rare and so important, said Thiessen.

“By laying these charges against him, it’s just preventing really important work that needs to happen.”

Raging Granny member Alison Acker said the charges against Hines are “ridiculous.”

Acker said she met Hines on the Committee to End Homelessness 13 years ago.

She used to lend him her car, three days a week for 10 years.

“And he never once got me a parking ticket. He’s always been very gentle. I can’t imagine him ever doing any obstruction. I would get arrested and he wouldn’t. He was always very careful,” said Acker.

At the brief court appearance, Hines told a justice of the peace he intended to plead not guilty to the charges. Outside, he thanked his friends and supporters.

“I’m just glad everybody came,” he said. “It just opens my heart a lot.”

Hines said being placed in handcuffs in a parking lot where the homeless were has really affected him and it was “really harsh” for the homeless.

“I feel like I’ve got a bullseye on my back,” said Hines.

Hines said he’s trying to understand the charges.

“I heard I was scaring some people,” he said.