Long-anticipated anti-encampment bill tabled in the house gives new powers to police and municipalities
After signalling for months they were planning to put forward a bill to remove homeless encampments from parks and other public spaces, the Progressive Conservatives put forward their plan for doing so on Thursday.
The legislation amends the Trespass to Property Act to "enhance penalties” for those who set up encampments, making “continuous” trespassing — staying more than 24 hours after being told to leave — an aggravating factor for judges to consider when sentencing somebody convicted of violating the act. It will also allow the courts to hand out longer sentences to people it considers likely to trespass again.
Attorney General Doug Downey danced around a question that asked if the province is using jails as a means to house people living in encampments, saying “we are not changing any of the penalties currently under the Trespass to Property Act.” Prior to the introduction of Bill 242 and its associated funding, the City of Cambridge began clearing encampments in what legal experts believe is in defiance of the 2023 court decision.
The managers of shelters who receive this funding will be required to report back to the province on the number of individuals moved from encampments into these new accommodations. They will also have to submit spending plans to the Ministry of Municipal Affairs and Housing for review and approval.
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