Lawyers request Waterloo region follow its encampment policy and provide beds

On the third day of the encampment eviction hearing, Ashley Schuitema, representing some of the encampment residents on behalf of Waterloo Region Community Legal Services, asked as part of their proposed remedies that the region follow its encampment policy and thatadequate shelter beds are available to residents to ensure charter compliance.

The homeless encampment at 100 Victoria Street in Kitchener, Ont., was established just before the new year, but has grown in size since March 2022.

Shannon Down, who is also with Waterloo Region Community Legal Servicesargued last week that the region didn't fully comply with its encampment policy put in place last year, accusing them of not following theirown rules.

Waterloo Regional Council passed a report by staff on Dec. 15, which made modifications to the Regional Bylaw 13-050, that looks at the "use or occupation of region-owned public land." This was in the wake of residents from another encampment at 34 Stirling Street being evicted, using "heavy equipment" to clear their processions, the report read.

According to the report, "the manner in which this was carried out did not reflect the dignity of those living at the encampment."

Subsequently, council requested that in the future, among other things, that the region must "assist individuals to access safer, sustainableand healthier alternatives not enforcement.

"Enforcement will only occur after all reasonable support efforts have been attempted without success and with reasonable advance notice of the requirement to vacate a public space. In exceptional circumstances, however, more immediate intervention may be required to address public safety concerns."

Another one of the "key principles" from this report would see that "regional staff, supported by community social service agencies, will work with individuals living outside to respond to their individual needs on a case-by-case basis by providing access to services, supports and shelter."

Schuitema said that the region's policy hadn't been followed prior to the eviction notice being posted at the encampment. She said that they have taken action since but trust has been eroded with residents.

In an emailed statement to CBC News, theregion saidit believes it has complied with the encampmentpolicy.

"As this matter is before the court, the Region is respectful of the court process and cannot offer further comment," said Lynsey Slupeiks, a spokesperson for the region in an email statement.

The region's lawyer, James Bennett, emphasized in court that the region has been proactive in keeping the encampment sanitary and safe, and said that they offered adequate alternative shelter options to residents, increasing the number of shelter beds region wide.

Shelter bed debate

Down had also argued last week that if evicted, the region doesn't have the shelter beds to accommodate residents, subsequently infringing on their charter rights.

Bennettargued that there is a surplus of available shelter beds locally to keep up with demand, since many who are unhoused aren't interested in staying at shelters. He said that their charter rights aren't breached since the region has offered other shelter options.

He explained that as of today, there are 460 shelter beds in the region, which is up from 371 beds back in July. He added that there are 124 beds on the way by the end of November, and 50 beds by the end of January.

Of the beds that are to come, he said that the region is willing to prioritize 50 per cent of them for people who are living at the encampment.

He said there are86 motel rooms available to some people who are experiencing homelessness in the regiontoo.

The number of beds is deceiving, Down argued. She saidthe demographic breakdown of these beds needs to be taken into consideration, since some shelters are exclusively for women, men or children, and not all of them accept couples or people with pets.

The implication, Down said, is that unhoused people aren't guaranteed of getting a bed even if it appears as though free beds are available, as they may not be eligible to access beds at certain shelters. The exact breakdown of free beds by demographic was unavailable.

Schuitema said that beds also need to be accessible and "low barrier." Barriers, she said, could include things like addiction at abstinence-only shelters, mental health or transportation.

In the absence of safe, effective and accessible shelters, it was suggested that an eviction would amount to a breach of Section 7 of the Charter of Rights and Freedoms, which deals with "right to life, liberty and security of the person."

Schuitema also argued that evictions at encampments can lead to things like starvation, sexual violence, loss of survival possessions and could result in unsafe drug use.

Earlier in July, the region filed an application with the Superior Court of Justice to start evicting people at the encampment. The region alleges that people living at the encampment are in breach of Ontario's Municipal Act. The region had previously given occupants a June 30 deadline to leave the property.

Outdoor shelter models considered

The region is currently working with community partners to operate outdoor shelters and working with local municipalities to find ideal sites.

The region's interim plan recommends options like a sanctioned, managed or hybrid approach to encampments. Other recommendations include expanding the region's transitional housing program, home-based support programming and the emergency shelter program.

The region doesn't need a court order to evict residents but is looking for assistance from the court on how to enforce their legal rights.

No further hearing dates are set, and a date hasn't been released for when Justice Michael Valente will make his decision.