Kingston considers implications of recent court ruling on plan to evict encampment

Advocates and councillors are reflecting on Kingston's plan to remove an encampment after an Ontario court blocked the Region of Waterloo from evicting a group of people living in tents.

The Ontario Superior Court of Justice decision released last week says the region isn't allowed to evict an encampment on one of its vacant lots in downtown Kitchener, Ont., because its shelter system doesn't have enough beds for people experiencing homelessness.

In his 51-page decision, Justice M.J. Valente said clearing encampments without sufficient shelter spaces would infringe on their constitutional rights.

Legal experts have said the decision could have implications for other municipalities with encampments across the province, with some looking to Kingston, which has approximately 70 people living in tents on a site on Montreal Street.

Some have been there for at least a year, in order to be close to the Integrated Care Hub (ICH) and its essentials including showers, food and spaces for sleeping.

The city had an order to evict people living in the encampment, but council recently voted to delay the eviction until March 21. After that, the city will play hardball — taking any necessary steps, including seeking court injunctions, to ensure the encampment is removed.

Mayor argues Kingston's different 

Reaction from advocates and officials in Kingston has been mixed. Some say the ruling provides a positive direction for how the city could handle its encampment site while others suggest the situation in the Waterloo region is too different to translate to Kingston's.

"The ruling was a surprise and frankly it was a welcome surprise because our position has been that housing is a human right," said Gilles Charette, executive director of Trellis HIV & Community Care, one of the organizations that runs the ICH.

Justine McIsaac, co-ordinator of the supervised injection site at the ICH, also said the ruling sets a good precedent.

"If we don't have the adequate services for people, then we shouldn't be moving people," she said.

In an email statement, Kingston's Mayor Bryan Paterson said council would discuss the possible implications of the ruling with legal staff.

"There are also some key differences to consider between the encampment situation in Waterloo Region and the situation here in Kingston," he said.

The ruling refers to an encampment site in the Waterloo Region currently located on a parking lot. Kingston's site is located on public land and subject to different bylaws.

Paterson added the ruling "appears to impose a substantial new responsibility on municipalities without providing any of the necessary resources."

He said a requirement on municipalities to provide low barrier shelter spaces without funding from upper levels of government  "would have a major impact on city budgets, including here in Kingston."

Councilor Gregory Ridge, who represents the ward with the city's biggest encampment, echoed the mayor's calls for additional funding, but said it could provide a blueprint for how to move forward.

"The ruling provides a lot of positive direction in terms of steps that need to be taken by the municipality to ensure that spaces are accessible and that services are accessible," he said.

Kingston's only low-barrier shelter does not provide beds to people currently using drugs or alcohol, forcing those experiencing homelessness with no choice but to live in tents.

At the very least, newly-elected Coun. Brandon Tozzo hopes the ruling provides some food for thought and lead to some concrete solutions ahead of the March 21 eviction deadline.

At last month's meeting, councillors voted to spend up to $149,000 for services at the site in the meantime, including toilets, dumpsters and security, and to declare a mental health and addictions crisis.

"I feel like we're slapping a short term solution that the city can provide on issues that are affecting every city in Ontario. I wasn't elected to be a Band-Aid manager," he said.

While it's unclear exactly how Kingston will move forward with its encampment, McIsaac said the ruling has at least provided some hope for those who have spent a long time without any.

"They all said they'd love to meet that judge who made that decision. It really did set a precedent for the rest of us," she said.