The Ontario Superior Court of Justice has ruled that removing homeless encampments when there is no adequate indoor space violates the residents’ Charter rights
encampment on the basis that doing so – when there is no adequate indoor space – would violate the residents’ Charter rights.
However, Justice Valente also praised the region’s efforts to address the needs of its homeless population, and left the door open to it coming back to the court if in the future it is able to show evidence that there is appropriate shelter space. Similar questions come up with people who are asked to abandon beloved pets in order to access a bed. Or with couples who may be forced to split up for the night.
“What we find in London is that when encampments are torn down, health care teams lose track of those people,” she told The Globe and Mail. “If I diagnose someone with diabetes and I try to follow up a week later, I can’t find them. … When people are constantly moved, you can never get ahead of their health issues. It’s always putting out fires.”
Sharon Crowe, a lawyer involved in continuing litigation against the City of Hamilton’s response to encampments, said she expects Friday’s decision to be very influential – even though some of the contextual nuances of the Waterloo case are not exactly the same. For example, in Hamilton, some of the encampments in question are in public parks.
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