Outreach Workers Say Ontario Encampments Are 'Necessary' Amid Lack Of Shelter Spaces

As the province seeks to end homeless encampments in public spaces with tough new legislation, many Ontarians are divided over how the issue should be handled amid ongoing housing, addictions and mental-health crises.

Ontario Premier Doug Ford has announced plans to introduce legislation aimed at
dismantling homeless encampments and prohibiting public drug use, a move critics say would further marginalize an already marginalized group. This initiative responds
to requests from several Ontario mayors seeking more robust tools to address
homelessness and associated challenges in their municipalities.

The forthcoming legislation is expected to:
● Prohibit Public Drug Use: Introduce explicit bans on the consumption of illicit drugs
in public spaces, granting law enforcement the authority to enforce these
prohibitions.

● Enhance Enforcement Powers: Provide municipalities with strengthened legal
mechanisms to clear encampments and manage public spaces more effectively.

● Increase Shelter Funding: Allocate additional resources to expand shelter
capacities, ensuring that individuals displaced from encampments have access to
alternative accommodations.

The bill aims to strengthen penalties for those who repeatedly break trespass laws and use illegal drugs in public, but it's unclear when that will take effect since the legislature won't return from its winter break until March 3.

The Canadian Alliance to End Homelessness has called the pending legislation "ineffective, costly and cruel."

"The only way to solve homelessness is with homes," it said in a news release.

Premier Ford has indicated a willingness to invoke the notwithstanding clause—a
constitutional provision that allows governments to override certain Charter rights—to ensure
the legislation withstands potential legal challenges. He stated that while he does not
anticipate the necessity of this measure, it remains an option should courts impede the
government's objectives.

A group of 12 Ontario mayors, including those from Barrie, Windsor, and Oshawa, have
formally requested provincial intervention to address encampments, expressing concerns
about public safety, drug use, and the loss of public spaces. They advocate for legislative
changes, including amendments to the Trespass to Property Act, to facilitate the removal of
encampments and address repetitive trespassing.

However, some municipal leaders and advocacy groups caution against approaches that
may criminalize homelessness. They emphasize the need for comprehensive solutions that
address underlying issues such as affordable housing shortages, mental health support, and
addiction services.

The proposed legislation is slated to be tabled by the end of the week, with debates and
potential passage expected in the new year. The government has committed to collaborating
with municipalities to ensure the effective implementation of these measures, aiming to
balance public safety concerns with the provision of adequate support for vulnerable
populations.

Sean Horrell, an Outreach Worker with 519Pursuit, a non-profit organization that helps homeless people in London, said encampments should continue to exist as a "harm reduction" measure for now because there is no better solution available.

"Encampments are necessary right now because the system itself is inundated, there aren't enough (shelter) beds," he said. "If it is a choice between having no space for people who are experiencing homelessness and having allocated spaces, I think it is an obvious choice."

The premier also announced an additional $75.5 million funding toward homelessness prevention programs, including $50 million for affordable housing and $20 million to expand shelter capacity.

Horrell said the issue has always been a "double-edged sword." While encampments provide homeless people with support and a sense of community, they also pose challenges for area residents and businesses, he said.

Premier Doug Ford's legislation will give more powers to police and municipalities to clear encampments out of public parks.

The bill aims to strengthen penalties for those who repeatedly break trespass laws and use illegal drugs in public, but it's unclear when that will take effect since the legislature won't return from its winter break until March 3.

The Canadian Alliance to End Homelessness has called the pending legislation "ineffective, costly and cruel."

"The only way to solve homelessness is with homes," it said in a news release.

Canada's most populous city, there are around 450 tents across more than 100 parks, according to City of Toronto officials.

Toronto Deputy Mayor Amber Morley said any efforts aimed at preventing the growth of encampments in public spaces are welcomed, but expressed concerns about the proposed provincial legislation.

"I do think that we have to be really thoughtful and really considered in terms of the solutions that we're working together," she said, adding that pushing people out of their tents before providing them shelters will not resolve the problem.

"There is the obvious question when we talk about clearing encampments ... where are we clearing the individuals within those encampments to go?" Morley said at a recent news conference about the city's shelter plans.

"These are human beings and clearing people that are residents of our city for me is not a reasonable or respectful thing for us to be talking about."

Feature Photo Shot By Frank Gunn/CanadianPress in November 2020 at Trinity Bellwoods Park

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