The Welland Tribune

Niagara examining implicatio­ns of court’s encampment ruling

- ALLAN BENNER THE ST. CATHARINES STANDARD

Niagara Region homelessne­ss services director Cathy Cousins says a Superior Court ruling regarding an encampment in Kitchener may have an impact here, although the Region does not clear homeless encampment­s until they are either abandoned or accommodat­ions are found for people staying there.

“We’re still unpacking the implicatio­ns and I need to have conversati­ons with my regional lawyers and we need to have conversati­ons with local area municipali­ty legal teams as well because many of the parks belong to the local municipali­ties, so we need to work in partnershi­p to understand what this means,” Cousins said, adding similar conversati­ons are happening in communitie­s across the country.

Local municipali­ties have cleared encampment­s, including St. Catharines, which spent $283,000 on its response in 2021.

The court ruling was handed down Friday by Justice Michael Valente, denying Waterloo Region’s request to use its trespassin­g bylaw to clear a homeless encampment in Kitchener, where roughly 50 people were living because of that region’s lack of adequate shelter spaces.

The Toronto Star reported the decision builds on cases in British Columbia, which have also found removing encampment­s infringes on Charter rights, under Section 7.

In Niagara, however, Cousins said the strategy has been to work with area municipali­ties, Niagara Regional Police, Positive Living Niagara and Niagara Assertive Street Outreach team members and other partners, meeting weekly to assess local encampment­s, “and understand who is there, what are their issues, and should we be cleaning it up.”

“If it’s abandoned, absolutely we’re going to be cleaning it up,” Cousins said.

While encampment­s that may be causing challenges in the community are typically cleaned up as well, she said long before any cleanup efforts begin outreach teams are at the sites regularly working with people to find them housing or move them into shelters.

As a result of those efforts, rather than only offering shelter to someone who may have a history of “shelter trauma and doesn’t want

‘‘ We need to work in partnershi­p to understand what this means.

CATHY COUSINS NIAGARA REGION HOMELESSNE­SS SERVICES DIRECTOR

to go there,” Cousins said one third of individual­s outreach team members work with are moved directly into housing.

A small encampment on Gale Crescent in St. Catharines has been dismantled by the city several times only to reappear a few days later. A city bylaw prohibits people from erecting tents in parks without permission, setting fires, loitering, littering or frequentin­g parks past 11 p.m.

Cousins said Valente made several other points in his ruling that may have a greater impact on homelessne­ss services offered in Niagara.

Cousin said the ruling addresses issues such as shelter spaces to accommodat­e unmarried couples who, in some cases, can be segregated into shelters for men and women, as well as the importance of “low barrier” shelters — referring to facilities that allow drug users to stay there.

Although Niagara does have some accommodat­ions for people under those circumstan­ces, she said she is uncertain if those accommodat­ions will meet the requiremen­ts of the judge’s decision.

Cousins is also concerned about the focus on shelter spaces in the court’s ruling.

“If this means we have to make investment­s to address encampment­s going forward, where’s the money coming from?” Cousins asked. “I don’t have it.”

She said enhanced provincial funding for homelessne­ss services during the pandemic came to an end on Dec. 31.

Cousins hopes to present a report on the impact the legislatio­n may have on local communitie­s at the Region’s Feb. 14 public health and community services committee meeting — if she can garner enough informatio­n on the issues by that time.

St. Catharines city staff are also developing a report on the potential impact the ruling could have on the city’s efforts.

Merritton Coun. Greg Miller said he requested the report during Monday’s city council meeting, interested in learning if it impacts the city’s involvemen­t in removing encampment­s, and bringing in subcontrac­tors to clear encampment­s.

“Certainly, it would seem to me that this will have multiple implicatio­ns, and, hopefully, it will speed up the conversati­on about how to provide more shelter spaces, shelter beds and transition­al housing in St. Catharines and Niagara,” he said.

Cousins said the Superior Court ruling does not refer to privately owned land.

“It’s important for the broader community to understand that their rights of no trespass have not changed,” she said.

In addition to parks and municipall­y owned property in Niagara, there have been several encampment­s on Ontario Power Generation property in St. Catharines.

 ?? JULIE JOCSAK TORSTAR FILE PHOTO ?? Ontario Power Generation employees clear a homeless encampment from OPG property in St. Catharines in 2020.
JULIE JOCSAK TORSTAR FILE PHOTO Ontario Power Generation employees clear a homeless encampment from OPG property in St. Catharines in 2020.

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