The B.C. government is considering a new law to force homeless people into emergency shelters during extremely cold weather, according to the B.C. Civil Liberties Association. (CBC)

Internal government documents show the B.C. government is drafting legislation to force homeless people into emergency shelters during extreme winter weather, according to the B.C. Civil Liberties Association.

But legislation would will not likely stand up to a Charter of Rights challenge according to BCCLA executive director David Eby, who obtained the government documents and released them to the media.

The B.C. government has not commented publicly on the notes released by Eby, nor confirmed its planning to introduce such a law.

Eby believes the legislation may be just another tool to get homeless people off the street during the 2010 Winter Olympic Games in Vancouver in February.

"The timing is perfect for the Olympic Games," Eby said Monday. "You want to talk about how extreme weather will be defined? Well, typically its defined as three to five days of rain in a row. Well, that's February in Vancouver.

"It will be a great way to get the homeless — force the homeless — off the streets, and get them out of the view of visitors for the Olympic games."

Assistance to Shelter Act proposed

According to the undated and unsigned documents, the Assistance to Shelter Act could be introduced during this fall's legislative session. The proposal comes after a homeless woman burned to death during last winter's cold snap while trying to keep warm with a candle in her shopping cart shelter.

A homeless woman, 47, burned to death while sleeping in a makeshift shelter last December. (CBC)Under the terms outlined in the documents, once an extreme-weather alert is triggered by officials, outreach workers would distribute written notices to homeless people telling them where to find emergency shelters during the cold snap.

The homeless people would also be warned that they could be forced by authorities to go to a shelter if they don't go voluntarily. If the person refuses, a police officer could obtain an administrative order to transport the person to an emergency shelter.

But what would happen if no shelter is available for a person refusing help remains unclear.

"The individual may be taken to police cells, either voluntarily or involuntary, where they will be held until the extreme weather declaration is no longer in effect," reads one of the notes released by Eby. But a second note reads that "putting them in a cell against their will would violate their charter rights …"

Charter challenge likely

Eby said he agrees with the second note — the government can't force homeless people to sleep indoors.

"The idea the police can turn our homeless shelters into jails, shelter workers into jail guards, and force people to stay there for indeterminate lengths of time, either day or night at their complete discretion simply won't survive a court challenge at all," Eby told CBC News. "We don't understand any way this could stand up in court, if someone brought a charter challenge."

Vancouver Coun. Kerry Jang says while the government has noble intentions, the legislation is problematic.

"Being homeless is not a crime, as far as the last time I checked the criminal code," Jang said. "Forcing folks — you know there are some real practical implications to this approach.

However, he added, the city's heart "is in the right place."

Eby said he feared the law could have the opposite effect of its intentions.

"As soon as the word gets out on the street that this is happening, people are going to hide away in areas where police aren't going to find them, out of view of everybody. And they are going to die there, because the outreach workers aren't going to be able to find them. No one will be able to find them until they freeze to death," Eby said.