Sarnia’s acting solicitor is warning the city’s politicians that evicting about 50 people living in an encampment at Rainbow Park would contravene the Charter of Rights & Freedoms.
Lawyer Randi Kalar was asked for her opinion at city council’s April 8 meeting, ahead of the May 6 meeting when councillors say they will consider removing the tents belonging to the homeless population living in the south end park.
The City of Sarnia has a bylaw that says no one can camp in a public park, except Camp Saredaca if they have permission. City council has asked for a legal opinion if they use that bylaw to remove the growing encampment.
Kalar’s report to council does not make a recommendation but instead offers points to consider when council debates the issue. City council is also seeking an outside legal opinion that will be shared in-camera (privately) just prior to the meeting.
In her report, Kalar highlights case law related to other Ontario municipalities that have explored removing encampments on city-owned property.
In 2022, the Region of Waterloo wanted to disband a homeless encampment of about 53 people from a vacant gravel parking lot, Kalar reports.
The encampment residents were given three weeks’ notice to vacate and Waterloo authorities maintained there were enough beds at various shelters to accommodate them.
But Justice M.J. Valente found that an “available” bed does not mean an “accessible” bed that can meet the specific circumstances of each encampment resident.
Justice Valente cited the Charter of Rights & Freedoms and said that to evict them “is against the residents’ rights to life, liberty and security because of the lack of shelter space in Waterloo region.”
In 2023, the same situation repeated itself in Kingston. Not only did the court reconfirm that accessibility to shelter space based on each unique circumstance had to be considered, it went on to say that exposure to the elements at night without adequate shelter can result in serious and life-threatening conditions that brings up the question of right to life.
“In both these instances the municipalities ultimately were unable to proceed with removal of encampments,” Kalar told The Journal in an email. “Unfortunately, at this time I can’t provide a specific opinion on potential outcomes should council direct removal of the encampment as this advice will be provided to council in closed session at the May 6 meeting.”
However, her report says that in Kingston’s case, the municipality began clearing the encampment during daytime hours at the beginning of April and allowed occupants to erect shelters overnight.
“Opponents of the clearing blocked an access road when bylaw officers arrived,” Kalar said in her report. “As of April 3, the city was pausing enforcement of the bylaw.”
At issue is the number of “accessible” shelter beds, according to the court. In Sarnia, the Good Shepherds Lodge has 35 beds and 33 were occupied at the time of the report’s writing.
The temporary overflow shelter at 837 Exmouth St. has 28 beds but they are scheduled to be shut down this coming week.
The Haven Youth Shelter for 16 – 22 years olds, has nine beds and two are occupied, the report said.
Kalar said she didn’t include the 60 shelter beds offered by River City Vineyard because they are “sanctuary” beds and not operated by Lambton County.
Lambton County is reporting 198 chronically homeless people right now, far in excess of the number of shelter beds available.
Kalar also noted in her report that both Waterloo and Kingston councils sought legal direction prior to removing encampments.
“Ultimately, we are looking to (Sarnia) council for their direction,” Kalar wrote The Journal. “They will have an opportunity to submit motions in response to the report at the May 6 meeting to provide staff with direction if they so wish.”
Meanwhile, Mayor Mike Bradley is circulating a letter he wrote to Lambton County council – the government body that is responsible for social housing – asking the county for an “action plan” and a strategy to deal with any “overflow” of people experiencing homelessness.
“Communities cannot take direct action against encampments,” the mayor wrote Warden Kevin Marriott and his council. “Communities have an obligation to provide suitable, safe shelter for those in need.”
Bradley asked in his letter why the county doesn’t have a “proper and safe place” for people to go during the daytime hours when the shelters are not available.
The mayor noted the complexity of the homelessness crisis throughout Canada and the States.
He called for a comprehensive response and plan to deal with any actions taken by the City of Sarnia at Rainbow Park.
“What is happening here, across Canada and the United States, is a protest against the status quo and the ability for communities to provide appropriate, safe housing and shelter for those in need in the community,” Bradley wrote.
He requested that County Council deal with his questions at its next meeting May 1.